N6945024D0037-0002.pdf
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- Solicitation number
- N6945024R0037
About this file
This document is an Amendment to Solicitation N6945024R0037 for Base Operations Support (BOS) Services at Naval Support Activity (NSA) Mid-South, Millington, Tennessee and outlying areas. The Amendment revises sections of the Performance Work Statement (Section C), Deliveries or Performance (Section F), Contract Clauses (Section I), and List of Documents, Exhibits and Other Attachments (Section J). Key changes include updates to invoicing procedures, phase-in and phase-out plans, facility-related control systems, and the addition of a clause prohibiting the procurement of foreign-made unmanned aircraft systems. The solicitation retains a one-year base period with four one-year option periods. The procurement is a competitive 8(a) set-aside, utilizing best value source selection procedures. The proposal due date remains 2:00 PM EDT, Wednesday, 16 October 2024.
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NAVFAC ENGINEERING SYSTEMS COMMAND SE
PWD MID-SOUTH
5722 INTEGRITY DR, BLDG 455
MILLINGTON TN 38054-5026
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
N6945024R0037, Mid-South Base Operations Support (BOS) Services
See page 2.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 10
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 19-Sep-2024
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N6945024R0037
X 9B. DATED (SEE ITEM 11)
08-Aug-2024
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
19-Sep-2024
CODE
NAVFAC ENGINEERING SYSTEMS COMMAND SE
FSC-BOS
BUILDING 903, PO BOX 30
JACKSONVILLE FL 32212-0030
N69450 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE N69450
FACILITY CODECODE
EMAIL:TEL:
N6945024R0037
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text:
AMENDMENT 0002
This amendment is issued to make the following changes:
1. Section C – The Section C attachment has been updated. Changes within the attachment are shown in red strikethrough for deletions and blue underline for additions. The revised Section C is provided via attachment under file name N6945024R0037_SectionC_0002.pdf. A summary of the revised spec items is as follows:
i. Annex 0200000 – Management and Administration Spec Item 2.3.8 Invoicing Procedures – Page 13 of 283 Spec Item 2.3.10 Phase-in and Phase-out Plans – Pages 6 and 13 of 283 Spec Item 2.4 Government-Furnished Items – Page 13 of 283
ii. Sub-annex 1502000 – Facility Investment
Spec Item 3.2.9 Lightning Arrestors and Grounding Systems – Pages 85-86 of 283 Spec Item 3.4.3 Test Grounding Points – Page 96 of 283 Spec Item 3.5.3.2 Facility Related Control Systems (FRCS) Software – Page 102 of 283
iii. Sub-annex 1601000 – Utilities Management
Spec Item 3.3 Operation and Management of Facility Related Control Systems (FRCS) –
2. Section F – The Section F attachment has been updated. Changes within the attachment are shown in red strikethrough for deletions and blue underline for additions. The revised Section F is provided via attachment under file name N6945024R0037_SectionF_0002.pdf. A summary of the revised spec items is
i. Annex 0200000 – Management and Administration Spec Item 2.3.10 Phase-in and Phase-out Plans – Pages 1 of 68
Spec Item 3.2.9 Grounding System Visual Inspection Results – Page 21 of 68 Spec Item 3.2.9, 3.4.3 Grounding System Test and Inspection Results – Page 21 of 68
3. Section I – Contract Clauses is updated as follows:
i. DFARS clause 252.225-7972, Prohibition on Procurement of Foreign-Made Unmanned Aircraft
Systems has been updated from DEVIATION 2020-O0015 to DEVIATION 2024-O0014.
ii. DFARS clause 252.251-7000, Ordering from Government Supply Sources has been added.
4. Section J – The Section J attachment has been updated. Changes within the attachment are shown in red strikethrough for deletions and blue underline for additions. The revised Section J is provided via attachment under file name N6945024R0037_SectionJ_0002.pdf. A summary of the revised spec items is
i. Annex 0200000 Management and Administration
Attachment J-0200000-02 Wage Determinations – Page 11 of 284 (Retitled only) Attachment J-0200000-09 Service Provider Information – Page 55 of 284 (Retitled only) Attachment J-0200000-13 NAVFAC Maximo Data Reporting – Page 59 of 284 (Retitled only) Attachment J-0200000-18 Exhibit Line Item Numbers – Page 67 of 284 (Retitled only)
Attachment J-1502000-15 Lightning Arrestor and Grounding Device Systems Description – Pages 93-95 of 284 Attachment J-1502000-30 FRCS Cybersecurity Program – Page 117 of 284 (Retitled only) Attachment J-1502000-35 Forms – Pages 122 and 129-131 of 284
iii. Sub-annex 1503010 – Custodial Sub-annex Headers – Pages 138-152 of 284 (Retitled only)
iv. Sub-annex 1601000 – Utilities Management Attachment J-1601000-06 Service Desk Guide for Reporting Utility System Outages – Page
v. Annex 1700000 – Base Support Vehicles and Equipment Attachment J-1700000-02 Government-Owned CESE Fleet Inventory – Page 257 of 284 Attachment J-1700000-03 Government-Owned MHE Fleet Inventory – Page 258 of 284 Attachment J-1700000-07 Historical Data – Page 262 of 284 (Renumbered only) Attachment J-1700000-08 Scheduled Bus Services and Schedule – Page 263 of 284 (Renumbered only)
5. Section J – Table of Contents has been revised as follows (changes are shown in red font):
i. Reponses to Government Pre-award Inquiries (GPIs) have been added and are provided as file name JL-8_N6945024R0037_GPI_Responses_0002.pdf.
ii. The Construction Wage Rate Requirement for Building Construction has been updated and is provided as file name N6945024R0037_TN20240200(Bldg)_0002.pdf.
iii. The Service Provider Information attachment has been updated to correct the attachment number on each tab and is provided as file name J-0200000-09 - SERVICE PROVIDER INFORMATION_0002.xlsx.
iv. The ELINs spreadsheet has been updated to correct the attachment number on each tab and is provided as file name J-0200000-18_ELINs_0002.xlsx.
v. The HVAC Equipment Under IMP Systems Description attachment has been updated to correct the attachment number and is provided as file name J-1502000-23 HVAC Equipment under IMP_0002.xlsx.
vi. The Backflow Prevention Device Systems Description attachment has been updated to correct the attachment number and is provided as file name J-1502000-27 Backflow Prevention Devices_0002.xlsx.
vii. The Facility Related Control Systems (FRCS) Description attachment has been updated to remove the blanket solicitation number and is provided as file name J-1502000-29_FRCS Inventory_0002.xlsx.
viii. The Installation Utility Management Reporting and Coordination Requirements attachment has been added and is provided as file name J-1601000-05 NSA Mid-South Instruction 11011.3_0002.pdf.
ix. The Utility Asset Inventory attachment has been updated to add Electrical Assets and Wastewater Assets tabs and is provided as file name J-1601000-08 09 10 Utility Asset Inventories_0002.xlsx.
x. The Specification Attributes attachment has been updated to correct the attachment number on each tab and is provided as file name J-1601000-12_Specification Attributes_0002.xlsx.
xi. The Historical Utility Service Calls attachment has been updated to include samples of historical utility service calls and is provided as file name J-1601000-14 Samples of Historical Utility Service Orders_0002.xlsx.
xii. The BSVE Inventory attachment has been updated to include two tabs for Attachments J- 1700000-02 Government-Owned CESE Fleet Inventory and J-1700000-03 Government-Owned MHE Fleet Inventory and is provided as file name J-1700000 BSVE Inventory_0002.xlsx.
6. Section K – Representations, Certifications and Other Statements of Offerors has been updated to add DFARS provision 252.225-7973, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems – Representation (DEVIATION 2024-O0014).
The proposal due date and time remains 2:00 PM EDT, Wednesday, 16 October 2024.
All other terms and conditions remain unchanged.
SECTION C - DESCRIPTIONS AND SPECIFICATIONS
The following have been modified:
PERFORMANCE WORK STATEMENT
This is a performance-based contract which incorporates performance-based specifications.
The files for Section C are provided as the following attachment posted on the SAM website at https://sam.gov:
N6945024R0037_SectionC_0002.pdf.
SECTION F - DELIVERIES OR PERFORMANCE
F.5 DELIVERABLES
The files for Section F are provided as the following attachment posted on the SAM website at https://sam.gov/:
N6945024R0037_SectionF_0002.pdf.
NOTE: Deliverables requirements under the contract should be submitted to the Government via Electronic format.
The file document(s) format shall be compatible with the most recent Government installed Microsoft Office version (currently 365) and an unprotected version. The documents may be submitted to the points of contacts identified in Section F attachment via email as 'attachment(s)', file size permitting. Else, the deliverables should be submitted on a CD-ROM.
SECTION I - CONTRACT CLAUSES
The following have been added by reference:
252.251-7000 Ordering From Government Supply Sources AUG 2012
252.225-7972 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2024- O0014)
Use the following clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, unless—
(a) The acquisition is for—
(1) Counter-unmanned aircraft system surrogate testing and training; or
(2) Intelligence, electronic warfare, and information warfare operations, testing, analysis, and training; or
(b) A waiver has been granted by the Secretary of Defense in accordance with section 848 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L. 116-92) and section 817 of the NDAA for FY 2023 (Pub. L. 117-263).
PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS (AUG
2024) (DEVIATION 2024-O0014)
(a) Definition. As used in this clause—
Covered foreign country means any of the following:
(1) The People’s Republic of China.
(2) The Russian Federation.
(3) The Islamic Republic of Iran.
(4) The Democratic People’s Republic of Korea.
(b) Prohibition. In accordance with section 848 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 and section 817 of the NDAA for FY 2023, the Contractor shall not—
(1) Provide or use an unmanned aircraft system (UAS), or any related services or equipment, that—
(i) Is manufactured in a covered foreign country, or by an entity domiciled in a covered foreign country;
(ii) Uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country, or by an entity domiciled in a covered foreign country;
(iii) Uses a ground control system or operating software developed in a covered foreign country, or by an entity domiciled in a covered foreign country; or
(iv) Uses network connectivity or data storage located in, or administered by an entity domiciled in, a covered foreign country;
(2) Provide or use a system for the detection or identification of a UAS, or any related services or equipment, that is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
or
(3) On or after October 1, 2024, be an entity that operates equipment, as determined by the Secretary of Defense, from—
(i) Da-Jiang Innovations, or any subsidiary or affiliate of Da-Jiang Innovations;
(ii) Any entity that produces or provides unmanned aircraft systems and is included on the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce (https://www.trade.gov/consolidated-screening-list); or
(iii) Any entity that produces or provides unmanned aircraft systems and—
(A) Is domiciled in a covered foreign country; or
(B) Is subject to unmitigated foreign ownership, control, or influence by a covered foreign country, as determined by the Secretary of Defense in accordance with the National Industrial Security Program.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts or other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.
(End of clause)
The following have been deleted:
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned
Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
SECTION J
Section J - Table of Contents list the Documents, Exhibits and Other Attachments for this Section are posted on the SAM website at https://sam.gov/ with the solicitation.
The ACQUISITION documents are posted as individual file names as indicated in the table. The TECHNICAL documents are posted as individual file names as indicated in the table or “all-inclusive” under filename:
N6945024R0037_SectionJ_0002.pdf.
Section J – Table of Contents
JL-1 JL-1 Labor Hours spreadsheet. Provided as file name JL-1_N6945024R0037_Labor_Hours.xlsx.
JL-2 Government Pre-award Inquiry Form (GPIF). Provided as file name JL-2_N6945024R0037_GPIF.xlsx.
JL-3 Site Visit Itinerary. Provided as file name JL-3_N6945024R0037_Site_Visit_Itinerary.pdf.
JL-4 SECNAV 5512/1 Form for base access. Provided as file name JL-4_N6945024R0037_SECNAV5512.pdf.
JL-5 SECNAV 5512/1 Form Instructions. Provided as file name JL-5_N6945024R0037_SECNAV5512_Instructions.pdf.
JL-6 Site Visit Brief. Provided as file name JL-6_N6945024R0037_Site_Visit_Brief_0001.pdf.
JL-7 Site Visit Sign-In Sheets. Provided as file name JL-7_N6945024R0037_Site_Visit_Sign-In_Sheets_0001.pdf.
JL-8 Responses to Government Pre-award Inquiries (GPIs). Provided as file name JL-
8_N6945024R0037_GPI_Responses_0002.pdf.
JM-1 Corporate Experience. Provided as file name JM-1_N6945024R0037_Corporate Experience.doc JM-2 Past Performance Questionnaire (PPQ). Provided as file name JM-2_N6945024R0037_PPQ.doc J-0200000-02 Wage Determinations are provided as follows:
J-0200000-02-01 1) Service Contract Act Wage Determination 2015-4673 (Rev.25). Provided as file name N6945024R0037_WD15- 4673(Rev.26).pdf. Applies to all service employees performing work on the contract. Service employees are defined in FAR 22.1001.
J-0200000-02-02 2) Construction Wage Rate Requirements. Provided as file names N6945024R0037_TN20240200(Bldg)_0002.pdf and N6945024R0037_TN20240134(Heavy).pdf. Applies to all construction employees performing work on the contract.
J-0200000-09 Service Provider Information. Provided as file name J-0200000- 09 - SERVICE PROVIDER INFORMATION_0002.xlsx.
J-0200000-10 Asset Information. Provided as file name J-0200000-10 - ASSET INFORMATION.xlsx.
J-0200000-11 Asset Specification. Provided as file name J-0200000-11 - ASSET SPECIFICATION.xlsx.
J-0200000-12 Characteristic Meter Reading Information. Provided as file name J-0200000-12 - CHARACTERISTIC METER
READING INFORMATION.xlsx.
J-0200000-13 Maximo Direct Entry Procedures. Provided as file name J-0200000-13 - MAXIMO DIRECT ENTRY PROCEDURES.docx.
J-0200000-15 Commander, Navy Region Southeast Instruction 4101.1C. Provided as file name J-0200000-15_CNRSEINST 41011.pdf.
J-0200000-16 Spill Contingency Plan. Provided as file name J-0200000-16 _Spill Contingency Plan.pdf.
J-0200000-18 Exhibit Line Item Number (ELIN) spreadsheet. Provided as file name J-0200000-18_ELINs_0002.xlsx.
J-1502000-03 Facility List. Provided as file name J-1502000-03 Facility List.xlsx.
J-1502000-04 Site Maps. Provided as file name J-1502000-04 Site Maps.pdf.
J-1502000-05 Historical Emergency, Urgent and Routine (E/U/R) Work Orders. Provided as file name J-1502000-05 Historical
Emergency Urgent and Routine Work.pdf.
J-1502000-07 Boiler, UPV and Water Heater Systems Description and Certification. Provided as file name J-1502000-07 Boiler and Certification Inventory.xlsx.
J-1502000-09 Compressed Air Systems Description and Certification. Provided as file name J-1502000-09 Compressed Air and
Certification Inventory.xlsx.
J-1502000-11 Emergency Exit and Exterior Ligting Systems Description. Provided as file name J-1502000-11 Lighting
Inventory.xlsx.
J-1502000-13 HVAC Inventory. Provided as file name J-1502000-13 HVAC System Inventory under PM.xlsx.
J-1502000-23 HVAC Equipment Under IMP Systems Description. Provided as file name J-1502000-23 HVAC Equipment under
IMP_0002.xlsx.
J-1502000-24 Historical IMP Workload. Provided as file name J-1502000-24 Historical IMP Workload.xlsx.
J-1502000-27 Backflow Prevention Device Systems Description. Provided as file name J-1502000-27 Backflow Prevention
Devices_0002.xlsx.
J-1502000-29 Facility Related Control Systems (FRCS) Description. Provided as file name J-1502000-29_FRCS
Inventory_0002.xlsx.
J-1502000-30 FRCS Cybersecurity Program. Provided as file name J-1502000-30_FRCS Cybersecurity Program.pdf.
J-1502000-31 FRCS Roles and Responsibilities. Provided as file name J-1502000-31_FRCS Roles and Responsibilities.xlsx.
J-1502000-32 Oil-Water Separator and Grease Trap Systems Description. Provided as file name J-1502000-32 OWS and Grease Trap Inventory.xlsx.
J-1503010-07 Floor Plans. Provided as file name J-1503010-07 FloorPlans.pdf.
J-1503010-08 Custodial Inventory. Provided as file name J-1503010-08 Custodial Inventory.xlsx.
J-1503010-09 Historical Custodial Services Orders. Provided as file name J-1503010-09 Historical Custodial Service Orders.xlsx.
J-1503020-06 Pest Control Inventory. Provided as file name J-1503020-06 Pest Control Inventory.xlsx.
J-1503050-02 Grounds Maintenance Map. Provided as file name J-1503050-02 Grounds Maintenance Map.pdf.
J-1503050-09 Historical Grounds Maintenance Service Orders. Provided as file name J-1503050-09 Historical Grounds
Maintenance Service Orders.xlsx.
J-1503060-03 Site Maps. Provided as file name J-1503060-03_Site_Map – Pavement Clearance.pdf.
J-1601000 Utility Asset inventory. Provided as file name J-1601000 Utility Asset Inventory.xlsx.
J-1601000-01 Points of Demarcation. Provided as file name J-1601000-01 Points of Demarcation.pdf.
J-1601000-04 Installation Utility Maps. Provided as file name J-1601000-04 GIS Maps Utilities v2.pdf.
J-1601000-05 Installation Utility Management Reporting and Coordination Requirements. Provided as file name J-1601000-05
NSA Mid-South Instruction 11011.3_0002.pdf.
J-1601000-06 Service Desk Guide for Reporting Utility System Outages. Provided as file name J-1601000-06 Service Desk Guide for Reporting Utility System Outages.pdf.
J-1601000-07 Meter Inventory and Schedule. Provided as file name J-1601000-07 Meter Inventory and Schedule.xlsx.
J-1601000-08 09 10 Utility Asset Inventory. Provided as file name J-1601000-08 09 10 Utility Asset Inventory_0002.xlsx.
J-1601000-12 Specification Attributes. Provided as file name J-1601000-12_Specification Attributes_0002.xlsx.
J-1601000-14 Historical Utility Service Calls. Provided as file name J-1601000-14 Sample of Historical Utility Service
Orders_0002.xlsx.
J-1606000-04-01 SOP Emergency Response Plan + COVID-19. Provided as file name J-1606000-04-01 SOP Emergency Response
Plan + COVID-19.pdf J-1606000-04-02 SOP EPA Water Cybersecurity Assessment Tool 1.0. Provided as file name J-1606000-04-02 SOP EPA Water
Cybersecurity Assessment Tool 1.0.xlsx.
J-1606000-04-03 SOP AWWA M19 Emergency Planning for Water. Provided as file name J-1606000-04-03 SOP AWWA M19
Emergency Planning for Water.pdf.
J-1606000-06 Sample Plant Operating Records, Logs and Records.
Sample Water Plant Daily Log. Provided as file name J-1606000-06_Plant_Log.pdf.
Sample Water Plant Monthly Operation Report. Provided as file name J-1606000_Plant_Report.pdf.
Sample Monthly Microbiology Monitoring Report. Provided as file name J-1606000-06_TC_Report.pdf.
Sample Water Pumpage Data Report. Provided as file name J-1606000_WP_Report.pdf.
J-1700000 BSVE Inventory. Provided as file name J-1700000 BSVE Inventory_0002.xlsx.
J-1700000-07-01 BSVE Historical Work Order and Dispatch Data.WO Historical Data. Provided as file name J-1700000-07-01 BSVE
WO Historical Data.xlsx.
J-1700000-07-02 Dispatch Report Historical Data. Provided as file name J-1700000-07-02 Dispatch Report Historical Data.xlsx.
J-1700000-08 Scheduled Bus Services and Schedule. Provided as file name J-1700000-08 Shuttle Bus Calendar and Schedule.pdf.
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
252.225-7973 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems— Representation. (DEVIATION 2024-O0014)
Use the following provision in solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, unless—
(a) The acquisition is for—
(1) Counter-unmanned aircraft system surrogate testing and training; or
(2) Intelligence, electronic warfare, and information warfare operations, testing, analysis, and training; or
(b) A waiver has been granted by the Secretary of Defense in accordance with section 848 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L. 116-92) and section 817 of the NDAA for FY 2023 (Pub. L.
117-263).
PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS—
REPRESENTATION (AUG 2024) (DEVIATION 2024-O0014)
(a) Definition. As used in this provision, “covered foreign country” has the meaning given in the 252.225-7972, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014), clause of this solicitation.
(b) Prohibition. Section 848 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L.
116-92) and section 817 of the NDAA for FY 2023 (Pub. L. 117-263) prohibit DoD from—
(1) Using or procuring an unmanned aircraft system (UAS), or any related services or equipment, that—
(i) Is manufactured in a covered foreign country, or by an entity domiciled in a covered foreign country;
(ii) Uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country, or by an entity domiciled in a covered foreign country;
(iii) Uses a ground control system or operating software developed in a covered foreign country, or by an entity domiciled in a covered foreign country; or
(iv) Uses network connectivity or data storage located in, or administered by an entity domiciled in, a covered foreign country;
(2) Using or procuring a system for the detection or identification of a UAS, or any related services or equipment, that is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; or
(3) On or after October 1, 2024, entering into or renewing a contract with an entity that operates, as determined by the Secretary of Defense, equipment from—
(i) Da-Jiang Innovations (or any subsidiary or affiliate of Da-Jiang Innovations);
(ii) Any entity that produces or provides unmanned aircraft systems and is included on the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce (https://www.trade.gov/consolidated-screening-list); or
(iii) Any entity that produces or provides unmanned aircraft systems and—
(A) Is domiciled in a covered foreign country; or
(B) Is subject to unmitigated foreign ownership, control, or influence by a covered foreign country, as determined by the Secretary of Defense in accordance with the National Industrial Security Program.
(c) Representations.
(1) By submission of its offer, the Offeror represents that—
(i) It will not provide or use a UAS, as described in paragraph (b)(1) of this provision, in the performance of any contract, subcontract, or other contractual instrument resulting from this solicitation; and
(ii) It will not provide or use a system for the detection or identification of a UAS, as described in paragraph (b)(2) of this provision, in the performance of any contract, subcontract, or other contractual instrument resulting from this solicitation.
(2) It is not an entity described in paragraph (b)(3) of this provision.
(End of provision)
(End of Summary of Changes)
File details come from the government source that posted it. Updated .