FA813726R0010_Draft.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION

NUMBER

FA813726R0010

2. TYPE OF SOLICITATION

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

3. DATE ISSUED PAGE 1 OF 63

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER

F3YCHH5343A001

6. PROJECT NUMBER

WWYK200131

7. ISSUED BY CODE: FA8137

FA8137 AFSC PZIOC

CP 405 739 4040, 7858 5TH ST STE 1

TINKER AFB, OK 73145-9125

UNITED STATES

MICHAEL JOHNSON, Email: michael.johnson.404@us.af.mil Telephone: 405-620-291 Sharla Brandon, Email: sharla.flowers_brandon.1@us.af.mil Telephone: 405-739-3516

8. ADDRESS OFFER TO

9. FOR

INFORMATION CALL:

a. NAME

MICHAEL JOHNSON

b. TELEPHONE NUMBER (include area code) (NO COLLECT CALLS) 405-620-2913

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)

Project Title: Repair Chilled Water System, Bldg. 2280 Project Location: Bldg. 2280, Tinker AFB, OK 73145

To furnish all labor, tools, parts, materials, facilities, and transportation necessary for the Repair of the Chilled Water System in Bldg. 2280.

11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving 10 440 award, notice to proceed. This performance period is mandatory negotiable. (See ). FAR 52.211-10

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

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

YES NO

12b. CALENDAR DAYS

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) 05:00 PM local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes 13 Mar 2026 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. 120

Computer generated. STANDARD FORM 1442 (REV. 12/2022) Prescribed by GSA-FAR (48CFR) 53.236-1(d)

Created On:

25 Feb 2026, 14:54 PM Central Standard Time

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

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

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.)

AMOUNTS

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

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

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 THE UNITED STATES

CODE AT

10 U.S.C 3204(A) ( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document

Contractor agrees to furnish and return copies to issuing office.)

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

Computer generated. STANDARD FORM 1442 (REV. 12/2022) BACK

Section A - Solicitation/Contract Form

WWYK200131 - REPAIR CHILLED WATER SYSTEM, B2280

NAICS: 236220

Size Standard: USD 45,000,000.00 Annual receipts

Small Business Type: Small Business Set Aside Percent: 100

Product Service Code: Z1AA

FA813726R0010

Section B - Supplies or Services & Prices or Costs Additional Information/Notes

Item Supplies / Services Quantity Unit Unit Price Amount

Project WWYK200131 - Repair Chilled

Water System, B2280 | WO 22956 PSC/FSC: Z1AA, Repair Costs

EEIC 52200

Period of Performance: All work to be performed shall be completed within four-hundred and forty

(440) days after receipt of Notice to Proceed.

Claimant Program Code: C2

Product Service Code: Z1AA Pricing Arrangement: Firm Fixed Price

1 Project

Section C - Description/Specifications/Statement of Work Solicitation for Project Number WWYK200131 - Repair Chilled Water System, Bldg. 2280.

The work to be performed under the terms of this contract consists of furnishing all labor, tools, parts, materials, facilities, and transportation necessary for the Repair of the Chilled Water System in Bldg. 2280 at Tinker Air Force Base (AFB), Oklahoma (reference the project drawings for additional location information).

IAW FAR 36.204(h), the estimated magnitude of this project is more than $10,000,000.

IAW FAR 52.232-18, funds may not be presently available for this contract. The Government obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

Responses to Requests for Information from all offerors shall become part of the awarded contract.

Please see Instructions to Offerors (Bidders) and Evaluation Factors for Award, attached in Section J, for specific information regarding this solicitation.

Please see Additional Clauses, attached in Section J, for additional Full Text Clauses regarding this solicitation.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.246-2 Inspection of Supplies-Fixed-Price. Aug 1996 52.246-12 Inspection of Construction. Aug 1996 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. Aug 1996 52.246-16 Responsibility for Supplies. Apr 1984 Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Please contact Billy Deal for any additional information.

DoDAAC: FA8137 CountryCode: USA

FA8137 AFSC PZIOC

CP 405 739 4040, 7799 ARNOLD AVE BLDG 3 FIRST FLOOR

TINKER AFB, OK 73145-9125

UNITED STATES

Billy Deal Email: billy.deal.2@us.af.mil Telephone: 4057394975

Section F - Deliveries or Performance Overall Contract Delivery Period

Line Item Delivery Schedule Quantity Address and POC

Delivery Schedule From date of lead time event to completion of performance 440 Calendar Days Date of Notice to Proceed Receipt

1 Project Service Performance Site DoDAAC: FA8137 CountryCode: USA

FA8137 AFSC PZIOC

CP 405 739 4040, 7799 ARNOLD AVE BLDG 3 FIRST FLOOR

TINKER AFB, OK 73145-9125

UNITED STATES

Billy Deal Email: billy.deal.2@us.af.mil Telephone: 4057394975

FAR Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

52.247-34 F.o.b. Destination. Jan 1991 52.247-35 F.o.b. Destination, Within Consignee's Premises. Apr 1984

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced. Apr 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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.

F3Y0AB

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

Construction & Facilities Management Invoice

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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 financing, submit a commercial financing request.

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

[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 F87700 Issue By DoDAAC FA8137 Admin DoDAAC FA8137 Inspect By DoDAAC FA8137 Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) FA8137 Service Acceptor (DoDAAC) FA8137 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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.

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

72CPTS_FMASSYSTEMS@US.AF.MIL

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

(a) Definition. As used in this provision -

Commercial and Government Entity (CAGE) code means-

(1) An identifier assigned to entities located in the or its by the Defense Logistics Agency (DLA) United States outlying areas

Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and

Agency (NSPA) to entities located outside the and its that the DLA Commercial Procurement United States outlying areas and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The provide its CAGE code with its with its name and location address or otherwise include it Offeror shall offer prominently in its proposal. The CAGE code be for that name and location address. Insert the word "CAGE" before must the number. The CAGE code is required prior to award.

(c) CAGE codes be obtained via- may

(1) Registration in the ) at . If the is located in the System for Award Management (SAM www.sam.gov Offeror United States or its and does not already have a CAGE code assigned, the DLA Commercial and Government Entity outlying areas

(CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the and its obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this United States outlying areas shall provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject , and the does not otherwise register in SAM, an located in the or itsprocurement Offeror Offeror United States outlying request that a CAGE code be assigned by submitting a request at .areas may https://cage.dla.mil

(3) The appropriate country codification bureau. Entities located outside the and its obtain United States outlying areas may an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes be obtained from the NSPA at may https://eportal.nspa.nato.int/AC135Public/scage/ if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for CageList.aspx codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/ structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at . https://cage.dla.mil

(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition

Regulation (FAR) or (p), the obtain the respective CAGE code from that entity to supply 52.204-17 52.212-3 Offeror shall the CAGE code to the Government.

FA813726R0010

https://www.sam.gov/ https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx https://cage.dla.mil/ https://www.acquisition.gov/far/52.204-17#FAR_52_204_17 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3

(f) Do not delay submission of the pending receipt of a CAGE code. offer

(g) If the includes FAR clause , Security Requirements, a subcontractor requiring access to solicitation 52.204-2 classified under a contract be identified with a CAGE code on the DD Form 254. The Contractor require a information shall shall subcontractor requiring access to to provide its CAGE code with its name and location address or classified information otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code be used. The CAGE code be for that name and shall must location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.

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

(a) Definition. As used in this clause-

Commercial and Government Entity (CAGE) code means-

(1) An identifier assigned to entities located in the or its by the Defense Logistics Agency (DLA) United States outlying areas

Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and

Agency (NSPA) to entities located outside the and its that the DLA Commercial Procurement United States outlying areas and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) Contractors ensure that the CAGE code is maintained throughout the life of the contract for each location of shall contract, including subcontract, performance. For contractors ), the registered in the System for Award Management (SAM DLA Commercial and Government Entity (CAGE) Branch only modify data received from SAM in the CAGE master shall file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or notify the in accordance with subpart . The contractorchange-of-name agreement shall contracting officer 42.12 shall communicate any change to the CAGE code to the within 30 days after the change, so that a contracting officer modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the or its that are not registered in SAM submit written change United States outlying areas shall requests to the DLA Commercial and Government Entity (CAGE) Branch. Requests for changes be provided at shall

. Change requests to the CAGE master file are accepted from the entity identified by the code.https://cage.dla.mil

(d) Contractors located outside the and its that are not registered in SAM contact the United States outlying areas shall appropriate National Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/ contacts.htm) or NSPA at to request CAGE changes. https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

(e) Additional guidance for maintaining CAGE codes is available at . https://cage.dla.mil

(f) If the contract includes Federal Regulation clause , Security Requirements, the contractor Acquisition 52.204-2 shall ensure that subcontractors maintain their CAGE code(s) throughout the life of the contract.

FA813726R0010

https://www.acquisition.gov/far/52.204-2#FAR_52_204_2 https://www.acquisition.gov/far/subpart-42.12#FAR_Subpart_42_12 https://cage.dla.mil/ https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx https://cage.dla.mil/ https://www.acquisition.gov/far/52.204-2#FAR_52_204_2

FAR 52.204-22 Alternative Proposal Line Item (Jan 2017)

(a) The Government recognizes that the established in this not conform to the 's practices. line items solicitation may Offeror Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the is invited to propose alternative for which bids, proposals, or quotes are requested in this Offeror line items solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the . Offeror

(b) The submit one or more additional proposals with alternative , provided that alternative Offeror may line items line items are consistent with of the Federal Regulation. However, acceptance of an alternative proposal is subpart 4.10 Acquisition a unilateral decision made solely at the discretion of the Government. that do not comply with the Offers line items specified in this be determined to be nonresponsive or unacceptable. solicitation may

FAR 52.204-23 Prohibition on for Hardware, Software, and Services Developed or Provided by Contracting Kaspersky Lab . (Dec 2023)Covered Entities

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

Kaspersky Lab covered article means any hardware, software, or service that-

(1) Is developed or provided by a ; Kaspersky Lab covered entity

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab covered entity ; or

(3) Contains using any hardware or software developed in whole or in part by a . components Kaspersky Lab covered entity

Kaspersky Lab covered entity means-

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., "Kaspersky";

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) National Defense prohibits Government use of any . The Contractor is prohibited from-- Kaspersky Lab covered article

(1) Providing any that the Government will use on or after October 1, 2018; and Kaspersky Lab covered article

(2) Using any on or after October 1, 2018, in the development of data or deliverables first Kaspersky Lab covered article produced in the performance of the contract.

(c) Reporting requirement.

FA813726R0010

https://www.acquisition.gov/far/subpart-4.10#FAR_Subpart_4_10

(1) In the event the Contractoridentifies a provided to the Government during contract Kaspersky Lab covered article performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, , to the or, in the case of the Department of Defense, to the website at in writing Contracting Officer https://

. For indefinite delivery contracts, the Contractor report to the for the indefinite dibnet.dod.mil shall Contracting Officer delivery contract and the (s) for any affected order or, in the case of the Department of Defense, identify Contracting Officer both the indefinite delivery contract and any affected orders in the report provided at . https://dibnet.dod.mil

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

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) 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 report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor describe the efforts it shall undertook to prevent use or submission of a , any reasons that led to the use or submission Kaspersky Lab covered article of the , and any additional efforts that will be incorporated to prevent future use or Kaspersky Lab covered article submission of . Kaspersky Lab covered articles

(d) Subcontracts. The Contractor insert the substance of this clause, including this paragraph (d), in all subcontracts shall including subcontracts for the of or . acquisition commercial products commercial services

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The not complete the representation at paragraph (d)(1) of this provision if the has represented that it Offeror shall Offeror

"does not provide covered telecommunications equipment or services as a part of its offered or services to the products

Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at , Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of 52.204-26 the provision at , Representations and Certifications- or . The 52.212-3 Offeror Commercial Products Commercial Services not complete the representation in paragraph (d)(2) of this provision if the has represented that it Offeror shall Offeror

"does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at , or in paragraph (v) 52.204-26 (2)(ii) of the provision at . 52.212-3

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

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause , 52.204-25 Prohibition on for Certain Telecommunications and Video Surveillance Services or Equipment. Contracting

(b) Prohibition.

FA813726R0010

https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(1) Section 889(a)(1)(A) of the John S. McCain Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) National Defense prohibits the head of an on or after August 13, 2019, from procuring or obtaining, or extending or executive agency renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential of any system, or as critical technology as part of any component system. Nothing in the prohibition be construed to--shall

(i) Prohibit the head of an from procuring with an entity to provide a service that connects to the facilities executive agency 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 Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) National Defense prohibits the head of an on or after August 13, 2020, from entering into a contract or extending or executive agency 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 of any system, or as critical technology as part of any component 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 be construed to-- shall

(i) Prohibit the head of an from procuring with an entity to provide a service that connects to the facilities executive agency 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 review the list of excluded parties in the ) ( Offeror shall System for Award Management (SAM https:// ) for entities excluded from receiving federal awards for "covered telecommunications equipment or www.sam.gov services".

(d) Representation. The represents that-- Offeror

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the represents that-- Offeror

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 provide the additional disclosure information Offeror shall required at paragraph (e)(2) of this section if the responds "does" in paragraph (d)(2) of this section. Offeror

(e) Disclosures.

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

FA813726R0010

https://www.sam.gov/

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

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

(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 ( , connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., e.g.

microwave) or wired ( , fiber optic, coaxial cable, Ethernet).e.g.

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 United States

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 , materials, software, and technology components covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

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

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (

50 U.S.C. 4817).

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

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

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

to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(b) Prohibition.

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

, regardless of whether that use is in performance of work under a Federal telecommunications equipment or services 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.

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(d) Reporting requirement.

(1) In the event the Contractor identifies used as a covered telecommunications equipment or services substantial or of any system, or as as part of any system, during contract performance, or the essential component critical technology

Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor report the shall information in paragraph (d)(2) of this clause to the , unless elsewhere in this contract are established Contracting Officer 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 https://dibnet.dod.mil shall Contracting Officer the indefinite delivery contract and the (s) for any affected order or, in the case of the Department of Contracting Officer Defense, identify both the indefinite delivery 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 clauseshall

(i) Within one business from the date of such identification or notification: the contract number; the order number(s), if day applicable; supplier name; supplier (if known); supplier unique entity identifier Commercial and Government Entity (CAGE) (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler code 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 shall undertook to prevent use or submission of , and any additional efforts covered telecommunications equipment or services that will be incorporated to prevent future use or submission of . covered telecommunications equipment or services

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

FAR 52.204-27 Prohibition on a ByteDance (Jun 2023) Covered Application

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic , acquisition storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the , if the equipment is used by the executive agency executive agency directly or is used by a contractor under a contract with the that requires the use--executive agency

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

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(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) . Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok Prohibition on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a on , including covered application executive agency information technology certain equipment used by Federal contractors. The Contractor is prohibited from having or using a on covered application any owned or managed by the Government, or on any used or provided by information technology information technology the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the provides written notification to the Contractor that an exception has been granted Contracting Officer in accordance with OMB Memorandum M-23-13.

(c) . The Contractor insert the substance of this clause, including this paragraph (c), in all subcontracts, Subcontracts shall including subcontracts for the of or .acquisition commercial products commercial services

FAR 52.204-29 Federal Supply Chain Security Act Orders--Representation and Disclosures (Dec 2023) Acquisition

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, and have Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, Source the meaning provided in the clause , Federal Supply Chain Security Act Orders--Prohibition. 52.204-30 Acquisition

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any or services produced or provided by a source, if the prohibition is set out in an applicable Federal products

Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR , FederalAcquisition 52.204-30

Supply Chain Security Act Orders--Prohibition.Acquisition

(c) Procedures.

(1) The search for the phrase "FASCSA order" in the )( Offeror shall System for Award Management (SAM https:// for any covered article, or any or services produced or provided by a source, if there is an )www.sam.gov products applicable FASCSA order described in paragraph (b)(1) of FAR , Federal Supply Chain Security Act 52.204-30 Acquisition Orders--Prohibition.

(2) The review the for any FASCSA orders that are not in SAM, but are effective and do apply to Offeror shall solicitation the and resultant contract (see FAR (c)(2)).solicitation 4.2303

(3) FASCSA orders issued after the date of do not apply unless added by an amendment to the . solicitation solicitation

(d) Representation. By submission of this , the represents that it has conducted a reasonable inquiry, and that offer offeror the does not propose to provide or use in response to this any covered article, or any or offeror solicitation products

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(e) Disclosures. The purpose for this disclosure is so the Government decide whether to issue a waiver. For any may covered article, or any or services produced or provided by a source, if the covered article or the source is products subject to an applicable FASCSA order, and the is unable to represent compliance, then the provide Offeror Offeror shall the following information as part of the : offer

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and (if unique entity identifier known), that supplied the covered article or the product or service to the ; Offeror

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) review of disclosures.Executive agency The will review disclosures provided in paragraph (e) to contracting officer determine if any waiver be sought. A choose not to pursue a waiver for covered articles or may contracting officer may sources otherwise subject to a FASCSA order and instead make an award to an that does not require a waiver. may offeror

FAR 52.223-20 Aerosols ( 2024)May

(a) Definitions. As used in this clause-

Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's is defined as 1.0. global warming potential

High global warming potential hydrofluorocarbons means any in a particular end use for which EPA's hydrofluorocarbons

Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global . The SNAP list of alternatives is found at subpart G with supplemental tables of alternatives warming potential 40 CFR part 82 available at ( ). https://www.epa.gov/snap/

Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.

(b) Unless otherwise specified in the contract, the Contractor reduce its use, release, or emissions of shall high global , when feasible, from aerosol propellants or solvents under this contract. When warming potential hydrofluorocarbons determining feasibility of using a particular alternative, the Contractor consider environmental, technical, and shall economic factors such as-

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