M00318-20-Q-0042.docx

M0031820Q0042

Section SF 1449 - CONTINUATION SHEET

ATTACHMENT 1

PERFORMANCE WORK STATEMENT

Amerex Halotron Fire Extinguisher Maintenance Marine Corps Air Station Marine Corps Base Hawaii, Kaneohe, HI

1. SCOPE

The contractor shall provide sufficient quantities and types of trained, qualified, or certified contractor personnel requested by the Government to perform required sixth year maintenance on Amerex Halotron Fire Extinguishers tasks for each service type described in this Performance Work Statement (PWS) for the Aircraft Rescue and Firefighting Department, Extinguisher Maintentance located on Marine Corps Base (MCB) Hawaii, Kaneohe Bay.

2.0 CONTRACT OVERVIEW

The contractor shall receive the fire extinguishers at their business location in a full and functional state. The contractor will conduct the required sixth year maintenance in accordance with the AMEREX halotron service manual and all requirements set forth in National Fire Protection Association; NFPA 10, Standard for portable fire extinguishers, 2018 edition. Once maintenance is completed per the aforementioned requirements, the extinguishers will then be re-charged and placed back into a ready state of use. The contractor will notify the Aircraft Rescue and Firefighting Department when the extinguishers are ready for pick-up once all work is completed. This process will continue until all Fire Extinguishers have had the sixth year maintenance performed appropriately. If the contractor is located on island, the Government will be resonsible for transportation of fire extinguishers to and from maintenance. If the contractor is located O-CONUS, the contractor will be responsible for the transportation of fire extinguisher including the price in the price of maintenance.

3.0 APPLICABLE DIRECTIVES/ACRONYMS

3.1 DIRECTIVES

National Fire Protection Association 10, Standard for Portable Fire Extinguishers, 2018 Edition Amerex Owner’s Service Manual No. 16672; Servicing Instructions

3.2 ACRONYMS

1. PERFORMANCE REQUIREMENT TASKING

0. SERVICE TYPE: 6th year maintenance on (60) AMEREX Haolotron Fire Extinguishers

0. TASK 1: Conduct required 6th year maintenance per NFPA 10 and Amerex Halotron Manual.

0. TASK 1 PERFORMANCE GOAL(s): The contractor shall perform 6th year maintenance on an average of five (5) extinguishers per week. The contractor shall complete all (60) extinguishers within the guidelines of NFPA 10 and the Amerex service manual.

0. SPECIAL QUALIFICATIONS

1. Technical Skills

0. Personnel must be trained persons who have proper equipment available IAW NFPA 10 and Amerex service manual.

0. Personnel must have strong communication skills, including the ability to interact efficiently with Marine Corps Officers, Senior Non-Commissioned Officers and Civilian Employees.

1. KEY PERFORMANCE PARAMETERS

6.0 WORK HOURS/PERSONNEL

6.1 The Contractor will conduct business during normal working hours for the specific contractor, typically 8:00 a.m. and 5:00 p.m. local time, Monday through Friday except on federal holidays or when the government facility closes due to local or national emergencies, administrative closings, or similar government-directed facility closings.

6.2 Holidays. The Government will observe the following holidays. Access to the government installation may be restricted on these holidays.

6.3 In addition to the aforementioned holidays, the Government observes the following days:

6.3.1 Any other day designated by Federal Statute

6.3.2 Any other day designated by Executive Order

6.3.3 Any other day designated by a Presidential Proclamation

6.3.4 Any other period designated by appropriate installation authority.

6.3.5 The contractor must maintain an adequate workforce for the uninterrupted performance of the tasks defined in this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce is essential.

7.0 PLACE OF PERFORMANCE

The work to be performed under this contract will be performed at awarded contractors designated work place.

8.0 CONTRACT SECURITY REQUIREMENTS:

8.1 The Contractor shall comply with all current MCB Hawaii security requirements.

8.2 E-Verify -

8.2.1 Only citizens of the United States and Permanent Resident Aliens of the United States with a verified United States Permanent Resident Card (USCIS Form I-551) are eligible to perform work on this contract. No other foreign nationals are eligible to perform work on this contract. All foreign nationals from Iran, Iraq, Syria, Sudan, Somalia, Libya and Yemen are automatically not permitted to be employed under this contract.

8.2.2 Prior to employment, the Contractor must send proof of eligibility from E-Verify and a copy of Form I-551 to the Government POC for all Permanent Resident Aliens employed by Prime or Sub-Contractors.

8.2.3 The Contractor must provide an updated E-Verify report for all employees and the additional Form I-551 for all Permanent Resident Aliens of the United States with a verified United States Permanent Resident Card prior to any employee gaining access and beginning employment on MCB Hawaii This is an annual requirement that shall be re-submitted to the POC 90 days prior to the end of each period of Performance. Failure to meet the requirement that shows compliance of all employees being eligible for employment may impact the exercising of any subsequent option years. The prime contractor and any sub-contractors shall follow the instructions in the E-Verify Supplemental Guide for Federal Contractors.

8.2.4 The Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603 (8 U.S.C. 1324a) requires employers verify the eligibility of individuals for employment to preclude the unlawful hiring, or recruiting or referring for a fee, of aliens who are not authorized to work in the United States. By signing this proposal/contract or by beginning work under this contract, the Offeror/Contractor certifies it has and will comply with IRCA, to include that it has verified the identity and employment eligibility of any individual employed who is or may be employed by the offeror and works under this contract.

8.3 At any time, to include heightened Force Protection Conditions, natural or manmade disasters, and/or any other security concern, the Commanding Officer of MCB Hawaii has the sole authority to change current security requirements. These changes could impact this PWS, and the contractor’s immediate compliance will be required at no additional cost to the government.

8.4 In all cases, each contractor employee shall comply with all applicable DoD security regulations and procedures during the performance of this contract. Contractor shall not disclose and shall safeguard procurement sensitive information, computer systems and data, privacy act data, Controlled Unclassified Information (CUI), and all government personnel work products that are obtained or generated in the performance of this contract. The contractor employee shall take all lawful steps available to ensure that information provided or generated pursuant to this arrangement is protected from further disclosure unless the agency provides written consent to such disclosure.

8.5 CAC Card Requirements –

8.5.1 Work under this contract requires user access to the Marine Corps Enterprise Network (MCEN) - access to the MCEN requires a Common Access Card (CAC).

8.5.2 To issue or reissue a CAC to a DoD Contractor, the following is required:

1. A record must be created by the Trusted Agent (TA) through the Trusted Associate Sponsorship System (TASS) prior to issuance.

1. DoD Contractor- Two (2) forms of valid unexpired identification, one form MUST be a photo ID.

1. If going overseas, present a Letter of Authorization (LOA) for authorization of privileges to the Commissary, Exchange and MWR.

8.5.3 Records for newly-hired contractor employees are typically created between 5 to 7 business days from the start date. For convenience, please call in advance to check if the new record is available in DEERS to issue a CAC.

8.5.4 Discrepancies in the DEERS record such as citizenship, name change or new contract start date, MUST be updated by the TA through TASS prior to receiving the CAC.

8.5.5 CACs can be renewed within 90 days from date of expiration. CACs are issued for a period of three years or less.

8.5.6 Lost, Missing or Stolen CAC:

DoD Contractors are required to submit documentation from the appropriate security office or CAC sponsor confirming that the CAC has been reported lost or stolen (DoDM 1000.13-M-V1, encl. 2, subpar. 5.c.(3)). Police or Military Police report will be accepted in place of the Lost or Stolen CAC statement. Please ensure the date, place and circumstances of the loss or theft are included in the statement or report. The statement or report will be scanned and stored in the DEERS record. If the lost or stolen CAC/ID is found, please return for destruction at any DEERS ID Card Center.

8.5.7 Information and resources pertinent to obtaining a CAC can be found online at https://www.pendleton. marines.mil/New-Personnel/Pass-and-ID-Section/

8.6 Accessing the Base

8.6.1 The contractor must obtain Defense Biometric Identification System (DBIDS) credentials in order to access MCB Hawaii.

8.6.2 To apply for DBIDS credentials, the contractor must present the following documents to the Contractor Security Section located adjacent to the MCB Hawaii H3 gate:

1. Sponsor Letter

0. Must be issued by a government organization OR a company with a government contract (i.e. Prime/General Contractor)

0. Must be on letterhead

0. Must be dated within 30 DAYS of the day it is presented for pass issuance – outdated letters will be rejected

0. Must be signed – wet or imbedded digital signature is accepted – typed signatures are NOT acceptable

0. Must list the name of the individual to be issued a pass

0. Must list the name, address, phone number and point of contact for the company

0. Should specify the contract information and length of time the pass should be issued

0. All information on the letter MUST BE TYPED – pen changes are not acceptable

1. Completed SECNAV Form 5512/1

1. Government issued identity document with photograph

2. Must be issued by a Federal or State entity

2. Must be valid (not expired)

2. Non-US citizens must present a Permanent Resident Card (I-551), passport with proper stamps/visa, or other documentation that demonstrates the holder is legally present in the United States.

2. Driver's licenses and identification cards marked not valid for federal purposes, federal limits may apply, or any other similar language will not be accepted for pass issuance. These non-compliant IDs may be used in conjunction with a social security card AND birth certificate (original or certified copy) for identity verification and pass issuance; otherwise, a compliant ID (i.e. unexpired passport, permanent resident card) must be presented to obtain a DBIDS credential.

8.6.3 DBIDS credentials may be issued for up to one year. Credentials will not be issued beyond the effective contract dates.

8.6.4 Access through Naval Weapon's Station Seal Beach, Detachment Fallbrook is prohibited unless DBIDS credential is authenticated (I.E., work is also performed there).

8.6.5 Base access requirements and procedures may change during the term of a contract. The Contractor shall comply with all changes, and such compliance shall not be grounds for a request for an equitable adjustment or other contract modification.

8.6.6 Contractor personnel and equipment entering a military installation are subject to security checks. Contractor personnel shall follow any direction given by Military Police or other security or safety personnel.

8.6.7 Information and resources pertinent to accessing the base can be found online at https:// www.Hawaii. marines.mil/Base-Access/Contractors-Vendors/

8.7 Contractor personnel shall identify themselves as "contractors" when attending meetings, answering Government telephones, or working in situations where their actions could be construed as official government acts. The Contractor shall ensure that their employee(s) display(s) his or her name and the name of the company while in the work area and include the company's name in his or her email display.

8.8 Contractor personnel performing work under this contract shall be readily identifiable as an employee of the contractor through the use of uniforms with nametags. The Contracting Officer may approve alternate methods of ensuring contractor personnel is readily identifiable. The contractor shall include the company's name in his or her email display.

8.9 The Government will not provide clothing or nametags to Contractor personnel. The Contractor shall establish and provide dress code and grooming standards for all contract employees that is compliant with the local military commander’s published dress codes.

9.0 CONTRACT SECURITY REQUIREMENTS PERFORMANCE STANDARD

9.1 The performance standard of this section is 100% compliance to meet the security requirements of the federal government, Department of Defense, and MCB Hawaii.

10.0 SAFETY

10.1 The contractor is solely responsible for compliance of all safety regulations of employees while working on government-owned facilities. All accidents which may arise out of, or in connection with, the performance of services required hereunder which result in injury, death, or property damage, shall be reported in writing to the Contracting Officer and cognizant POC within twenty-four hours of such occurrence.

10.2 Reports shall provide full details of the accident, including statements from witnesses. The foregoing procedures shall also apply to any claim made by a third party against the contractor because of any accident that occurs in connection with performance under this contract.

11.0 SMOKING/DRUG/ALCOHOL POLICY

11.1 Smoking/Alcohol Policy: The contractor shall comply with local command smoking policies and workforce requirements. The contractor shall also comply with all Federal drug-free workplace and workforce requirements and local command policies. Copies of the applicable policy will be provided to the contractor by the local command Administrative Officer (AO) at the performance start date.

11.2 Drug Policy: The contractor shall comply with all applicable Federal statutes, laws, and regulations to implement a (DFWP).

12.0 EMPLOYMENT OF FEDERAL EMPLOYEES: The contractor shall not employ or enter into a contract with any person to perform work under this contract who is an employee of the United States Government, either military or civilian unless such person receives approval (IAW) applicable Federal, Navy and DoD regulations.

13.0 LANGUAGE REQUIREMENTS: All contractor personnel shall be sufficiently competent in reading, writing, speaking, and understanding English to perform the work.

14.0 PERSONNEL CONDUCT: The selection, assignment, reassignment, transfer, supervision, management, and control of contractor personnel employed to perform tasks specified herein shall be the responsibility of the contractor. The contractor shall be responsible for the performance and conduct of contractor and subcontractor employees at all times. Personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the installation shall abide by the security regulations listed in the contract and shall be subject to such checks by the Government as deemed necessary. The contractor shall not employ for performance under this contract any person whose employment would result in a conflict of interest with the Government’s standards of conduct.

15.0 PERSONNEL COMPLIANCE: The contractor shall ensure that contractor employees observe and comply with all local and higher authority policies, regulations, and procedures concerning fire, safety, environmental protection, sanitation, security, traffic, parking, energy conservation, flag courtesy, “off-limits” areas, and possession of firearms or other lethal weapons. When two or more directives or instructions apply, the contractor shall comply with the more stringent of the directives or instructions.

15.1 ANTITERRORISM LEVEL I: It is DoD policy that contractor personnel who, as a condition of contract performance, require routine physical access to a Federally-controlled facility or military installation are required to complete Level 1 antiterrorism training within 30 days of requiring access and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the POC or to the contracting officer, if a POC is not assigned, within 5 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: https://jko.jten.mil/courses/atl1/launch.html

15.2 COMBATING TRAFFICKING IN PERSONS: The POC will validate that the Contractor has notified its employees of the United States Government’s zero-tolerance policy described in FAR Clause 52.222-50 – Combat Trafficking in Persons.

16.0 PERSONNEL REMOVAL: Government rules, regulations, laws, directives, and requirements that are issued during the term of the performance period relating to law and order, installation administration, and security shall be applicable to all contractor employees and representatives who enter the installation. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site or installation. Removal of employees does not relieve the contractor from the responsibility for the work defined in this contract. The contractor is expected to provide support services despite personnel removal or other unforeseen condition.

16.1 The Commanding Officer of MCB Hawaii may, at his discretion, bar an individual from the installation under the authority of 18 USC 1382 (1972), for conduct that is determined to be contrary to unfavorable determination, discipline, or installation security and safety.

16.2 Removal Requested by Contracting Officer (KO): The KO may require the contractor to remove an employee working under this contract for reasons of misconduct or security violations. Contractor employees shall be subject to dismissal from the premises upon a determination by the KO that such action is necessary for the interest of the Government.

16.3 Removal by Military Police: Contractor employees may be denied entry to or may be removed from the installation by Military Police if it is determined that the employee’s presence on the installation may be contrary to discipline, or installation security and safety.

17.0 INTERACTION WITH OTHER ACTIVITIES:

Government Personnel: Government and contractor personnel will be working in common office and warehouse areas during working hours. Contractor performance shall not interfere with Government work in the area where service or maintenance work is being performed. In the event the contractor believes that Government and other contractor personnel are interfering with the performance of the tasks described in this PWS, the contractor shall notify the POC immediately. The contractor is obligated to continue performance of the effort described in this task order unless there is authorization from the KO or POC to stop work. Failure by the contractor to notify the POC and receive necessary instructions could result in denial of any additional costs incurred in the performance of the contract under such conditions.

18.0 VEHICLE AND EQUIPMENT OPERATION

18.1 (POV) Permits: Contractor personnel using POVs on DoD installations shall have proper permits for entry onto the installations. All vehicles, private or contractor-owned, shall comply with the vehicle operation regulations that govern installations. All vehicles are subject to search while on DoD installations. Only licensed contractor personnel shall operate vehicles on DOD installations. Vehicles shall be operated IAW local and state laws as well as installation-specific traffic regulations.

18.2 (POV) Parking: The contractor shall utilize on-station POV parking in authorized areas. The Government reserves the right to change parking arrangements at any time.

18.3 Traffic Accident Report Requirements: The contractor shall report to Base Security, within one hour, any traffic accident involving contractor personnel that occurs on base, whether in the performance of this PWS or commuting in their POVs, IAW Office of the Chief of Naval Operations Instruction (OPNAVINST) 5102.1 series, OPNAVINST 5100.23 series, and other applicable local instructions. The contractor shall supply a copy of any on-base traffic accident report to the DGR within five workdays after each occurrence. The contractor shall also provide the DGR a copy of any report of an off-base traffic accident that involves contractor personnel in the performance of this PWS within five workdays after each occurrence.

18.4 Fines, Fees, Point Assessment and Other Costs: The contractor shall pay all fines, fees, point assessment, and other costs associated with traffic violations or accidents that occur in the performance of work under this contract.

18.5 Accidents: The contractor is solely responsible for compliance of all safety regulations of employees while working on government-owned facilities. All accidents which may arise out of, or in connection with, the performance of services required hereunder which result in injury, death, or property damage, shall be reported in writing to the Contracting Officer and cognizant POC within twenty-four hours of such occurrence. Reports shall provide full details of the accident, including statements from witnesses. The foregoing procedures shall also apply to any claim made by a third party against the contractor because of any accident that occurs in connection with performance under this contract.

19.0 DELIVERABLES

19.1 The contractor shall submit a Quality Control Plan in accordance with the Evaluation Criteria located in the solicitation’s FAR 52.212-2 (Addendum). The contractor is responsible for a comprehensive program of inspections and monitoring, measure, assess and control the quality of the work performed on all aspects of this contract. At a minimum, address each metric in the Performance Requirements Tasks (para. 4) and provide any metrics/measures specific to internal processes. The Government may require the contractor to update/revise the Management Plan to ensure quality service is maintained throughout the life of the purchase order.

20.0 WORKLOAD DATA

20.1 The Government requires services 40 hours per week at the location identified in paragraph 8.0.

21.0 TECHNICAL POINT OF CONTACT AND INSPECTION AND ACCEPTANCE

21.1 The TPOC for this requirement and the person responsible for performing inspection and acceptance of the contractor’s performance at the destination is:

GySgt Wesley Barker Aircraft Rescue and Firefighting Department U.S. Marine Corps Air Station Hawaii Wesley.barker@usmc.mil

(808) 477-4983257-2501

24.0 MCIPAC RCO-HI POINTS OF CONTACT

Contract Specialist:

Sgt Lucas Elliott Lucas.elliott@usmc.mil

(808) 257-1341

Contracting Officer:

Steven Takasaki Steven.takasaki@usmc.mil

(808) 257-5716

22.0 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) REQUIREMENTS

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for the performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk at http://www.ecmra.mil/

23.0 CONTRACTOR PERSONNEL ACCOUNTABILITY:

23.1 The contractor shall be responsible for personnel in the event of a disaster and shall provide accountability reports for personnel working under the contract to include: # of employees working at the time of the event, # located (to include # deceased and # injured), and # missing. The report shall be submitted to the COR, designated Point of Contact (POC) or KO confirming all personnel have been contacted/located. The first report shall be communicated (oral/written) immediately following the occurrence of a disaster. Subsequent communication shall be reported until all personnel are accounted for.

23.2 Check-in procedures for contractor personnel shall incorporate the most expeditious accountability with management upon the occurrence of a disaster.

Amerex Fire Extinguisher Maintenance

FFP

Please see attached PWS. CLIN structure is to be determined.

FOB: Destination

PSC CD: J012

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

14-DEC-2020

JOHN TREJO

BLDG 6823 B ST MCAS MCBH RM 206

KANEOHE HI 96863

808-257-7066 FOB: Destination M02211

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

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

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

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

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

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(b) Prohibition.

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

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

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

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

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

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

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for…