SF1449.pdf

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Integrated Solid Waste Management Services (ISWM)
Solicitation number
N6945024R0090
Issued by

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This document is a solicitation (N6945024R0090) for Integrated Solid Waste Management (ISWM) services at Naval Air Station Meridian, Mississippi. The procurement is a 100% set-aside for SBA certified HUBZone small business concerns. The contract will be a firm-fixed-price indefinite-delivery, indefinite-quantity (IDIQ) type with recurring monthly services and non-recurring on-call services. Key details include:

The Government is seeking proposals for ISWM services including solid waste collection, transportation, and disposal. The contract includes a base year and four 1-year option periods. Offerors must provide unit pricing for all contract line items, including recurring monthly services and non-recurring on-call services. The due date for offers has been extended from October 10, 2024 to October 14, 2024. The Government will evaluate offers on the basis of lowest price technically acceptable, considering both price and a non-price technical safety factor.

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File Type Posted
Attachment 2- SECTION J.pdf PDF
Attachment 5 - J-0200000-06.xlsx XLSX spreadsheet
Amendment 0002 SF30_N6945024R0090.pdf PDF
Attachment 1- SECTION C.pdf PDF
Attachment 3 - J-0200000-02.pdf PDF
Attachment 4 - J-0200000-05.pdf PDF
Attachment J-0200000-06.xlsx XLSX spreadsheet
Amendment 0001 SF30_N6945024R0090.pdf PDF
Solicitation SF1449 N6945024R0090_Conformed.pdf PDF
Attachment J-0200000-05.pdf PDF
N6945024R0090_Solicitation.pdf PDF
Attachment J-0200000-06.xlsx XLSX spreadsheet
Attachment J-0200000-02.pdf PDF
Attachment SECTION J.pdf PDF
Attachment SECTION C.pdf PDF
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SEE ADDENDUM

(No Collect Calls)

N6945024R0090 16-Aug-2024

b. TELEPHONE NUMBER

(601) 679-2804

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 14 Oct 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N694509. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LEA COOK

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVFAC ENGINEERING SYSTEMS COMMAND SE

PWD MERIDIAN

229 ALLEN ROAD, BLDG 427

NAS MERIDIAN

MERIDIAN MS 39309-5427

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

562111

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF47

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N6945024R0090

Section SF 30 - BLOCK 14 CONTINUATION PAGE

AMENDMENT 0001

Amendment 0001 incorporates several changes into active solicitation N6945024R0090. Please review the summary of changes itemized below this paragraph and refer to each applicable section of the contract when preparing an offer to ensure that all solicitation requirements have been satisfied. Amendment 0001 involves five changes to the terms and conditions of the contract.

Change 1: The total set-aside classification for this procurement is hereby changed from HUBZone to Small Business. Adding The procuring activity elected to procure the services sought through a total small business set-aside to ensure compliance with FAR 19.502-2(b)(1) and FAR 19.502-2(b)(2).

“FAR 19.502-2(b)(1) Offers will be obtained from at least two responsible small business concerns; and FAR 19.502-2(b)(2) Award will be made at fair market prices….(continued)”

Amendment 0001 removes FAR 52.219-3 and incorporates FAR 52.219-6 to describe the set-aside.

Change 2: FAR clause 52.219-14 must accompany any small business set-aside procurement to ensure that offerors understand the limitations on subcontracting for services. Initially, FAR 52.219-14 was omitted from section I. of solicitation N6945024R0090. Amendment 0001 incorporates the mandatory set-aside clause into the terms and conditions of the contract. An excerpt from the clause is included below but offerors must review the clause in full text to gain a complete understanding of compliance requirements, see section I. FAR 52.219-14.

“FAR 52.219-14 (e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities.

Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded.”

Change 3: Amendment 0001 changes warrant scheduling a second pre-proposal site visit so that potential offerors can satisfy themselves about the magnitude of services sought and the existing site conditions. The second pre-proposal site visit will allow potential offerors the opportunity to personally view each of the 45 disposal unit locations. The second pre-proposal site visit will be held at the NAS Meridian Contracting Office in building 427 on Tuesday, September 24th,2024 at 10:00am CST. Any individual who plans to attend the in-person site visit must send a written notification to the Contracting Officer stating the name(s) of each attendee and the company name that the attendee represents. All written notifications must be sent to e-mail lea.m.cook.civ@us.navy.mil.

Change 4: Amendment 0001 changes the base year period of performance. The monthly quantity of the base year/CLIN 0001 changed from 12 months to 11 months. The period of performance for option years 1, 2, 3, and 4 remain unchanged. (See attachment 5 (J-0200000-

06) for details)

Contract Year CLIN/Service Type Performance Period

Start Date Performance Period

End Date

Base Year CLIN 0001 Recurring Monthly Services November 1st 2024 September 30th 2025 CLIN 0002 Non-Recuring November 1st 2024 September 30th 2025

Option Year 1 CLIN 0003 Recurring Monthly Services October 1st 2025 September 30th 2026 CLIN 0004 Non-Recuring October 1st 2025 September 30th 2026

Option Year 2 CLIN 0005 Recurring Monthly Services October 1st 2026 September 30th 2027 CLIN 0006 Non-Recuring October 1st 2026 September 30th 2027

Option Year 3 CLIN 0007 Recurring Monthly Services October 1st 2027 September 30th 2028 CLIN 0008 Non-Recuring October 1st 2027 September 30th 2028

Option Year 4 CLIN 0009Recurring Monthly Services October 1st 2028 September 30th 2029 CLIN 0010 Non-Recuring October 1st 2028 September 30th 2029

Change 5: Amendment 0001 extends the date offers are due from September 13th, 2024, at 4:00pm CST to October 10th, 2024, at 4:00pm CST.

********** NOTE TO POTENTIAL OFFERORS*******

To be considered for award each offeror must return a complete signed copy of the conformed SF 1449 solicitation, SF 30 amendment (0001), and input proposed contract prices into attachment 5 (J-0200000-06). Attachment 5 (J-0200000-06) must be returned as an editable file type, preferably Microsoft Excel.

All other contract terms and conditions not specified within Amendment 0001 remain unchanged.

***********END OF AMENDMENT 0001**********

AMENDMENT 0002

Amendment 0002 clarifies ambiguities in the solicitation N6945024R0090 language that were identified by interested offerors through pre-proposal inquiries (PPI’s), provides historical contract data for Integrated Solid Waste Management (ISWM) services at Naval Air Station Meridian, MS (NASMER), revises the due date for offers and incorporates minor revisions to solicitation N6945024R00090 language.

Please review the amendment summary included below this paragraph and refer to each applicable section of the solicitation when preparing an offer to ensure that all contract requirements have been satisfied prior to submitting an offer in response to notice identification number N6945024R0090.

Pre-Proposal Inquiry (PPI) 1-8 Amendment 0002 incorporates pre-proposal inquiries submitted by interested offerors in response to solicitation N6945024R0090. Please review each pre-proposal inquiry and the Government response to each inquiry, as the contents of the exchange could influence the way your firm prepares its offer. It is important to note that solicitation N6945024R0090 will result in the subsequent award of an indefinite delivery indefinite quantity type contract with firm-fixed price line items.

As described in FAR 16.202-1, “A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties.”

Inquiry 1. Please confirm there is a 30-day phase in/phaseout. (mobilization/de-mobilization) Government Response to Inquiry 1: The Government will grant the awardee 30 calendar days to mobilize equipment, materials, or supplies needed for future service performance, but the mobilization process must be complete by December 31st, 2024, and the awardee must begin providing contracted services on January 1st, 2024.

The Government will allow the awardee 30 calendar days after contract expiration to de-mobilize equipment, materials, or supplies that were furnished by the awardee in support of service performance.

All direct and indirect costs allocable to mobilization and de-mobilization efforts must be included in your offer.

The awardee will not be permitted to adjust the contract value after award on the premise that their initial offer omitted mobilization and de-mobilization costs. As referenced in the section above this is a firm fixed price contract so each option period must represent all direct and indirect prices assessed by the awardee and charged to the Government to fulfill the terms and conditions expressed within solicitation N6945024R0090 and all adjoined attachments.

Prior to this amendment, amendment 0002, the SF 1449 and attachment 5, J-0200000-06, reflected a unit quantity of 11 months for each exhibit line-item number (ELIN) A001, A002, A003, A004, A005, and A006, identified within contract line-item number (CLIN) 0001 of the base service year. As a result of this pre-proposal inquiry and to permit the awardee a 30-calendar day mobilization window after award, the quantity for all CLIN 0001 ELIN’s will change from 11 months to 9 months. All other CLIN’s are unaffected by amendment 0002.

Contract Year CLIN/Service Type Performance Period

Start Date Performance Period

End Date

Base Year CLIN 0001 Recurring Monthly Services January 1st 2024 September 30th 2025 CLIN 0002 Non-Recuring January 1st 2024 September 30th 2025

Option Year 1 CLIN 0003 Recurring Monthly Services October 1st 2025 September 30th 2026 CLIN 0004 Non-Recuring October 1st 2025 September 30th 2026

Option Year 2 CLIN 0005 Recurring Monthly Services October 1st 2026 September 30th 2027 CLIN 0006 Non-Recuring October 1st 2026 September 30th 2027

Option Year 3 CLIN 0007 Recurring Monthly Services October 1st 2027 September 30th 2028 CLIN 0008 Non-Recuring October 1st 2027 September 30th 2028

Option Year 4 CLIN 0009Recurring Monthly Services October 1st 2028 September 30th 2029 CLIN 0010 Non-Recuring October 1st 2028 September 30th 2029

For purposes of clarification, the awardee of solicitation N6945024R0090 will not be held responsible for any de-mobilization efforts of materials, equipment, or supplies currently located on the installation which support the active ISWM contract, N6945019R7617, which is soon scheduled to expire.

Inquiry 2. Please confirm the awardee will have a laydown yard during the phase in process.

Government Response to Inquiry 2: The Government will make available temporary area(s) for the awardee to utilize during the 30-calendar day mobilization and de-mobilization process. It is important to make the distinction that the Government will make available a larger area for mobilization and de-mobilization of resources than will be reserved for ongoing use once service performance begins.

Inquiry 3. Will the government allow equipment to be parked and stored on post? If yes, can the contractor bring a Conex box/office?

Government Response to Inquiry 3: The Government will allow equipment to be parked and stored on station in support of ISWM service performance. The Government will designate an outdoor storage area that can accommodate at minimum a single Conex storage box up to 40ft and a waste collection vehicle. If after contract award, the awardee may request additional storage area, but the Government reserves the privilege to approve or deny additional spacing requests that exceed allotment previously described. It is important to note that no utility connections will be available, and that no equipment maintenance work shall take place at the storage site that could result in an oil spill, hazardous material spill or spillage of other environmentally contaminating substances.

Inquiry 4. Please confirm picking up bulk items (basketball goals, couches, mattresses, etc) all round post is not part of the contract.

Government Response to Inquiry 4: The Government requires all installation tenants to dispose of individual refuse items or bulk material waste inside of the stationary collection units. Tenants are strictly prohibited from placing refuse in undesignated areas. Should the awardee encounter a situation in which tenants failed to place refuse inside of a designated collection unit, the awardee must contact the Contracting Officers Representative immediately, and the Government will assume the responsibility of placing the item in the collection unit. It is important to note that this response is aimed at large items that are misplaced prior to the servicing of a unit and does not alleviate the awardee of its responsibility to maintain cleanliness of the area surrounding the solid waste container so that it appears free of debris and complies with section C, appendix 1503030, specification item 3.1 “solid waste collection”.

Inquiry 5. Could the government provide the historical annual tonnage for the past 5 years?

Government Response to Inquiry 5: The table below reflects the total tonnage of non-hazardous solid waste disposed of through contract N6945019D7617. The historical data provided in response to inquiry 5 is strictly informational in nature. Potential offerors must not use approximate past disposal tonnage to predict approximate future disposal tonnage. Offerors must propose prices for recurring services that can accommodate marginal increases or decreases in disposal tonnage. Recurring services are identified as CLIN 0001, CLIN 0003, CLIN 0005, CLIN 0007, and CLIN 0009. Should a significant fluctuation in generated waste occur the Government will manage the waste stream volume by ordering non-recurring services items pre-priced by the offeror and which are identified as CLIN 0002, 0004, 0006, 0008, and 0010.

Historical Tonnage for N6945019R7617

Base Year FY20 Option 1 FY21 Option 2 FY22 Option 3 FY23 Option 4 FY24

Month Rec.

Non Rec.

Rec.

Non Rec.

Rec.

Non Rec.

Rec.

Non Rec.

Rec.

Non Rec.

Oct. 77.99 0 70.27 0 72.89 6.9 65.11 0 70.03 2.3

Nov. 64.04 6.3 56.69 3.2 72.54 0 78.82 0 74.49 0

Dec. 67.99 0 67.95 0 84.24 0 74.04 0 64.42 0

Jan. 70.32 7.85 69.75 5.4 73.31 0 83.19 3.15 86.98

Feb. 77.73 0 78.02 0 88 0 80.48 0 68.67 0

Mar. 71.04 0 96.07 0 87.6 0 77.75 3.36 83.85 0

Apr. 89.9 0 72.25 6.17 78.04 0 74 6.19 74.04 5.36

May 71.26 0 79.78 6.14 77.98 0 87.43 4.09 74.4 0

Jun. 71.98 0 75.75 6.93 82.8 8.69 91.38 0 67.06 0

Jul. 70.21 4.08 80.7 0 92.61 0 89.34 1.28 85.19 3.67

Aug. 72.47 12.38 78.36 0 106.46 2.67 79.74 0 68.37

Sept. 58.44 7.45 70.65 4.01 82.65 21.15 73.49 6.12 74.32 28

Subtotals 863.37 38.06 896.24 31.85 999.12 39.41 954.77 24.19 891.82 39.33

Total 901.43 928.09 1038.53 978.96 931.15

* Rec. – Abbreviation for “recurring” service items *Non Rec. – Abbreviation for “non-recurring” service items

Inquiry 6. Could the government provide the number of IDIQ roll off pulls historically the occurs on NAS Meridian?

Government Response to Inquiry 6: See table below for historic contract data for non-recurring work items that were ordered during the performance of N6945019R7617. As previously expressed in the Government response to inquiry 5 past ordering quantities must not be considered maximum or minimum quantities to be ordered by the Government during the performance of N6945024R0090. Attachment 5 – J-0200000-06 non-recurring work quantities identified within CLIN’s 0002, 0004, 0006, 0008, and 0010, ELINs must be used by offerors when preparing their offer. It is important to understand that non-recurring services are ordered by the Government on an as needed basis and are not guaranteed. The number of non-recurring work orders placed by the Government during the performance of N6945024R0090 may be higher or lower than the number of orders placed during performance of the previous contract N6945019R7617.

Historical Non-Recurring Order Quantities for N6945019R7617

Contract Period Dates of Performance 40CY Qty. 20CY Qty.

Base Year October 2019-September 2020 15 6

Option 1 October 2020-September 2021 20 6

Option 2 October 2021-September 2022 24 11

Option 3 October 2022-September 2023 23 3

Option 4 October 2023-September 2024 27 0

Totals 109 26

Inquiry 7. Who is incumbent and the current contract number?

Government Response to Inquiry 7: For more information about the prior iteration of the ISWM service contract at Naval Air Station Meridian, MS you must search www.SAM.gov for inactive notice identification number N6945019R7617. When comparing the performance work statements expressed in solicitations N6945019R7617 and N6945024R0090, the most notable change is a decrease in service requirements. Offerors must review solicitation N6945024R0090 and its associated attachments in their entirety when preparing an offer. Complete dependency on the award value of N6945019R7617 to prepare a future offer for N6945024R0090 is not recommended.

Inquiry 8. At the site visit, it was mentioned that the daily response time is 5 days. Please confirm that is the case.

Government Response to Inquiry 8:

A daily response time of 5 business days will be afforded to the contractor when delivering non-recurring ELIN items to the installation for future use. However, the awardee is required to confirm with the Contracting Officer or the Contracting Officer’s Representative within 24 hours of the time that the Government submitted its request to order non-recurring services. Exceptions to the 24-hour confirmation of receipt requirement are instances when the

Government submits a request after 4:00pm CST on Friday, Saturday, Sunday, or a federal holiday. If the Government submits a request that qualifies as exempt from the 24-hour order confirmation requirement the awardee must respond within 24 hours of 7:00 am CST on the next normal workday that follows the date of the request.

Solicitation Language Revisions:

Solicitation language revisions are denoted below in red text. The tables below are provided as an easy to read summary of the revised wording. Offerors must not consider the below items as a comprehensive list of all specification requirements associated with solicitation N6945024R0090 and must consult the SF1449 and all adjoined attachments for the full context of all contract specifications that will be required of the award recipient.

Section C

020000-Management and Administration

Spec Item Title Description

2.3.2.2 Contract Partnering Session Attendees

The Contractor shall bring the necessary personnel to successfully partner on this contract. Asterisk indicates mandatory personnel.

* HUBZone Small Business Award Awardee

* Small Business Award Awardee

* Authorized Agent of Subcontracting Affiliate(s)

2.13.3 Non-recurring work ELINS

Non-recurring Work Exhibit Line-Item Numbers (ELINs) are provided in J-0200000-06 and deliverable details expressed within Section F.

1503030- Integrated Solid Waste Management

Spec Item Title Description

2.31 Weight Tickets (Non-Recyclable)

Individual weight tickets denoting the date, type of truck or container, and tonnage disposed shall be submitted per Section F with the Contractor's monthly invoice. The Contractor shall also provide the total tabulated tonnage disposed of for NAS Meridian, MS during the month.

Section F

0200000- Deliveries or Performance

Spec Item Deliverable

Title Date(s) of Submission Original Copies Frequency

2.13.3 Non-recurring ELIN work order requests

Acknowledge receipt of Government request within 24 hours and delivery of ELIN item within 5 business days of the date of request

KO and

COR

As required

2.3.1 Weight Tickets

Within 14 days following the last day of each month

KO and

COR

1 Monthly

Section J

Attachment J-1503030-03 Locations and Frequency

Customer Bldg.# Location 8CY 6CY Frequency Pickup

Schedule

CNIC

Fuller Road Adjacent to BLDG # 244 40 CY Bulk Waste Containers (qty. 1)

*On Call

Once every two months (qty. 6)

F

* The locations and service frequencies expressed in the above table (Attachment J-1503030-03) reference recurring annual service items associated with CLIN 0001, CLIN 0003, CLIN 0005, CLIN 0007, and CLIN 0009.

* Non-recurring service items associated with CLIN 0002, CLIN 0004, CLIN 0006, CLIN 0008, and CLIN 0010 are ordered by the Government on an as needed basis. If the Government orders a non-recurring service item, the Contracting Officer or the Contracting Officers Authorized Representative will notify the Contractor in writing when to position, collect and dispose of all non-recurring service items ordered by the Government during the period of performance.

Due Date for Offers:

Amendment 0002 extends the date offers are due from October 10th, 2024, at 4:00pm CST to October 14th, 2024, at 4:00pm CST.

**** NOTE TO POTENTIAL OFFERORS****

To be considered for award each offeror must return a complete signed copy of the SF 1449 solicitation, both SF 30 amendments (0001 and 0002), and the attachment 5 (J-0200000-06) spreadsheet. Offerors must input proposed pricing into the appropriate cells found in Attachment 5 (J-0200000-06) and must return the document in an editable file type, preferably Microsoft Excel, when submitting an offer.

****END OF AMENDMENT 0002****

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 9 Months

BASE YEAR RECURRING ISWM SERVICES

FFP

The Contractor shall perform all annual recurring Integrated Solid Waste Management (ISWM) services at the locations and frequencies specified within attachment J-1503030-03. The Contractor agrees to provide all labor, material, and equipment needed to perform the recurring service requirements in a manner that complies with sections C, F, and J of the contract. The unit prices proposed by the Contractor in Attachment J-0200000-6 of the ELIN price spreadsheet, must reflect all direct and indirect costs charged by the Contractor to the Government for fulfilling the service requirements associated with A001, A002, A003, A004, A005, and A006 during the 365-day performance period.

FOB: Destination

PSC CD: S205

NET AMT

0002 1 Job

BASE YEAR NONRECURRING ISWM SERVICES

FFP

Should the Government order any nonrecurring work item(s) listed in the ELIN price spreadsheet, Attachment J-0200000-6, the Contractor agrees to provide all necessary labor, materials, and equipment needed to perform the Integrated Solid Waste Management (ISWM) service(s). The Contractor shall perform all nonrecurring service requirements in a manner that complies with sections C, F, and J of the contract. Each unit price shall include all direct and indirect costs charge by the Contractor to the Government for performing the service requirements associated with A700, A701, A702, A703, and A704. The Government is not required to purchase the maximum unit quantities associated with each ELIN. Nonrecurring work will be purchased on an as needed basis and any unexpended contract funds will be returned to the government on or before the end of the 365-day performance period.

0003 12 Months

OPTION OPTION YEAR 1 RECURRING ISWM SERVICES

FFP

The Contractor shall perform all annual recurring Integrated Solid Waste Management (ISWM) services at the locations and frequencies specified within attachment J-1503030-03. The Contractor agrees to provide all labor, material, and equipment needed to perform the recurring service requirements in a manner that complies with sections C, F, and J of the contract. The unit prices proposed by the Contractor in Attachment J-0200000-6 of the ELIN price spreadsheet, must reflect all direct and indirect costs charged by the Contractor to the Government for fulfilling the service requirements associated with B001, B002, B003, B004, B005, and B006 during the 365-day performance period.

0004 1 Job

OPTION OPTION YEAR 1 NONRECURRING ISWM SERVICES

FFP

Should the Government order any nonrecurring work item(s) listed in the ELIN price spreadsheet, Attachment J-0200000-6, the Contractor agrees to provide all necessary labor, materials, and equipment needed to perform the Integrated Solid Waste Management (ISWM) service(s). The Contractor shall perform all nonrecurring service requirements in a manner that complies with sections C, F, and J of the contract. Each unit price shall include all direct and indirect costs charge by the Contractor to the Government for performing the service requirements associated with B700, B701, B702, B703, and B704. The Government is not required to purchase the maximum unit quantities associated with each ELIN. Nonrecurring work will be purchased on an as needed basis and any unexpended contract funds will be returned to the government on or before the end of the 365-day performance period.

0005 12 Months

OPTION OPTION YEAR 2 RECURRING ISWM SERVICES

FFP

The Contractor shall perform all annual recurring Integrated Solid Waste Management (ISWM) services at the locations and frequencies specified within attachment J-1503030-03. The Contractor agrees to provide all labor, material, and equipment needed to perform the recurring service requirements in a manner that complies with sections C, F, and J of the contract. The unit prices proposed by the Contractor in Attachment J-0200000-6 of the ELIN price spreadsheet, must reflect all direct and indirect costs charged by the Contractor to the Government for fulfilling the service requirements associated with C001, C002, C003, C004, C005, and C006 during the 365-day performance period.

0006 1 Job

OPTION OPTION YEAR 2 NONRECURRING ISWM SERVICES

FFP

Should the Government order any nonrecurring work item(s) listed in the ELIN price spreadsheet, Attachment J-0200000-6, the Contractor agrees to provide all necessary labor, materials, and equipment needed to perform the Integrated Solid Waste Management (ISWM) service(s). The Contractor shall perform all nonrecurring service requirements in a manner that complies with sections C, F, and J of the contract. Each unit price shall include all direct and indirect costs charge by the Contractor to the Government for performing the service requirements associated with C700, C701, C702, C703, and C704. The Government is not required to purchase the maximum unit quantities associated with each ELIN. Nonrecurring work will be purchased on an as needed basis and any unexpended contract funds will be returned to the government on or before the end of the 365-day performance period.

0007 12 Months

OPTION OPTION YEAR 3 RECURRING ISWM SERVICES

FFP

The Contractor shall perform all annual recurring Integrated Solid Waste Management (ISWM) services at the locations and frequencies specified within attachment J-1503030-03. The Contractor agrees to provide all labor, material, and equipment needed to perform the recurring service requirements in a manner that complies with sections C, F, and J of the contract. The unit prices proposed by the Contractor in Attachment J-0200000-6 of the ELIN price spreadsheet, must reflect all direct and indirect costs charged by the Contractor to the Government for fulfilling the service requirements associated with D001, D002, D003, D004, D005, and D006 during the 365-day performance period.

0008 1 Job

OPTION OPTION YEAR 3 NONRECURRING ISWM SERVICES

FFP

Should the Government order any nonrecurring work item(s) listed in the ELIN price spreadsheet, Attachment J-0200000-6, the Contractor agrees to provide all necessary labor, materials, and equipment needed to perform the Integrated Solid Waste Management (ISWM) service(s). The Contractor shall perform all nonrecurring service requirements in a manner that complies with sections C, F, and J of the contract. Each unit price shall include all direct and indirect costs charge by the Contractor to the Government for performing the service requirements associated with D700, D701, D702, D703, and D704. The Government is not required to purchase the maximum unit quantities associated with each ELIN. Nonrecurring work will be purchased on an as needed basis and any unexpended contract funds will be returned to the government on or before the end of the 365-day performance period.

0009 12 Months

OPTION OPTION YEAR 4 RECURRING ISWM SERVICES

FFP

The Contractor shall perform all annual recurring Integrated Solid Waste Management (ISWM) services at the locations and frequencies specified within attachment J-1503030-03. The Contractor agrees to provide all labor, material, and equipment needed to perform the recurring service requirements in a manner that complies with sections C, F, and J of the contract. The unit prices proposed by the Contractor in Attachment J-0200000-6 of the ELIN price spreadsheet, must reflect all direct and indirect costs charged by the Contractor to the Government for fulfilling the service requirements associated with E001, E002, E003, E004, E005, and E006 during the 365-day performance period.

0010 1 Job

OPTION OPTION YEAR 4 NONRECURRING ISWM SERVICES

FFP

Should the Government order any nonrecurring work item(s) listed in the ELIN price spreadsheet, Attachment J-0200000-6, the Contractor agrees to provide all necessary labor, materials, and equipment needed to perform the Integrated Solid Waste Management (ISWM) service(s). The Contractor shall perform all nonrecurring service requirements in a manner that complies with sections C, F, and J of the contract. Each unit price shall include all direct and indirect costs charge by the Contractor to the Government for performing the service requirements associated with E700, E701, E702, E703, and E704. The Government is not required to purchase the maximum unit quantities associated with each ELIN. Nonrecurring work will be purchased on an as needed basis and any unexpended contract funds will be returned to the government on or before the end of the 365-day performance period.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

This is a performance-based acquisition. Section C of the contract is referred to as the performance work statement (PWS). The performance work statement details the services that the Contractor must perform and the method that the Government will use to assess Contractor performance. The performance work statement accompanies this solicitation as an attachment.

Refer to the Section C/Performance Work Statement file that is titled, “ Attachment Section C.pdf ”

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996

Section F - Deliveries or Performance

SECTION F DELIVERABLES

The Contractor must satisfy all reporting requirements as referrenced within Section C of the performance work statement. Reporting requirements, also referred to as “deliverables”, are expanded upon within this section of the contract, section F – 0200000 Management and Administration.

Section F - 0200000 Deliveries or Performance

DELIVERABLES

Spec Item Deliverable Title Date(s) of Submission

Distribution

Frequency Original Copies

2.2.1.2 Request to Work

Outside Government’s Regular Working Hours

At least 7 calendar days prior to requested day KO and COR

2 As required

2.3.1 Sign-in Sheets and

Minutes for Review and Comments

Within 2 working days KO and COR

2 As Required

2.3.1 Sign-in Sheets and

Minutes Final Revision

Within 2 working days KO and COR

2 As Required

2.3.3 Permits and Licenses Before work commences

and as requested by the KO.

KO and COR 2 As specified

2.3.4.1 Insurance

Certificate

Within 15 calendar days prior to contract start

KO and COR 2 As specified

2.6.4 Scheduling and Work

Status Updates

Weekly, within 30 minutes of the inquiry during regular working hours, and by 0800 the following workday for inquiries after regular working hours

KO and COR 2 As Specified

2.6.4 Work Schedules 15 calendar days prior to

contract start, 10 days prior to the beginning of the month in which services are scheduled to be performance, and within two calendar days of changes.

COR 1 Monthly

2.6.4 Notification of Difficulty

Scheduling Work

By the end of each workday KO and COR 2 As required

2.6.5 Status of Deliverables Within 30 minutes of the

inquiry during regular working hours, and by 0800 the following work day for inquiries after regular working hours

KO and COR 2 As required

2.6.6 Service Interruptions 5 working days in advance KO and COR 2 As required

Section F 0200000

DELIVERABLES

Spec Item Deliverable Title Date(s) of Submission

Distribution

Frequency Original Copies

2.6.7.1 Quality Management

Plan

Within 15 calendar days prior to contract start.

KO and COR 2 As specified

2.6.7.1 Revised Quality

Management Plan

Within 7 calendar days of changes.

KO and COR 2 As specified

2.6.7.2 QC Inspection File Within 5 calendar days of

completion/termination of the contract.

KO and COR 2 As specified

2.6.7.3 Contractor Quality

Inspection and Surveillance Report

First workday of each month.

KO and COR 2 Monthly

2.7.1 List of Key Personnel

and Qualifications

Within 15 calendar days prior to contract start

KO and COR 2 As specified

2.7.1 Organizational Chart Within 15 calendar

days prior to contract start

KO and COR 2 As specified

2.7.2.6 Proof of Legal

Residency

Prior to be admitted to site of work.

KO and COR 2 As specified

2.7.2.6 Proof of United States

of America Citizenship

Prior to installation admittance

KO and COR 2 As specified

2.8.1 Employee List Within 15 calendar days

prior to contract start and within 7 calendar days of changes.

KO and COR 2 As required

2.9.2 Accident Prevention

Plan

Within 15 calendar days prior to contract start and within 7 calendar days of changes.

KO and COR 2 As specified

2.9.3 Activity Hazard

Analysis

Together with the Accident Prevention Plan and within seven calendar days of and changes.

KO and COR 2 As specified

2.9.4 Compliance Plans, Programs, and Procedures

Together with the Accident Prevention Plan and within seven calendar days of and changes.

KO and COR 2 As specified

2.9.5 NAVFAC Contractor

Incident Reporting System (CIRS)

Within five calendar days of accident.

KO and COR 2 As required

Section F 0200000

DELIVERABLES

Spec Item Deliverable Title Date(s) of

Submission

Distribution

Frequency Original Copies

2.9.7 Safety Inspection and

Monitoring Report Upon request. KO and COR 2 As required

2.9.8 Safety Certifications Within 15 calendar

days prior to contract start and when certification expires

KO and COR 2 As specified

2.10 EMS Goals and Policy

Measurement Information

Upon request. KO and COR 2 As required

2.10.2.1 Fuel and hazardous

substance spill notification

Within 15 minutes of discovery

Regional Dispatch Center, KO, and COR

2 As required

2.13.1.1 Non-Recurring Work

Quantities Ordered via FedMall

By the 5th day of the following month

KO and COR 2 Monthly

2.13.2.1 Non-Recurring Work

Proposals

Within 2 working days following receipt of request

KO 1 As required

2.13.3 Non-recurring ELIN work

order requests

Acknowledge receipt of Government request within 24 hours and delivery of ELIN item within 5 business days of the date of request

KO and COR 1

As required

2.3.1 Weight Tickets Within 14 days

following the last day of each month

KO and COR 1 Monthly

3.1 Solid Waste Collection

Schedule and Routes

As specified KO 1 10 days after award and Annually

3.2 Disposal permits or other

written documentation of approval and suitability of landfill or other final disposal methods

As specified KO 1 Within 15 days of contract award

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JAN-2025 TO

30-SEP-2025

N/A N/A

0002 POP 01-NOV-2024 TO

30-SEP-2025

0003 POP 01-OCT-2025 TO

30-SEP-2026

0004 POP 01-OCT-2025 TO

30-SEP-2026

0005 POP 01-OCT-2026 TO

30-SEP-2027

0006 POP 01-OCT-2026 TO

30-SEP-2027

0007 POP 01-OCT-2027 TO

30-SEP-2028

0008 POP 01-OCT-2027 TO

30-SEP-2028

0009 POP 01-OCT-2028 TO

30-SEP-2029

0010 POP 01-OCT-2028 TO

30-SEP-2029

Section G - Contract Administration Data

52.217-9 Option To Extend The Term Of The Contract MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

252.232-7006 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: NAVY CONSTRUCTION FACILITIES MAINTENANCE

(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.

(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 N68732

Issue By DoDAAC N69450

Admin DoDAAC** N44219

Inspect By DoDAAC N44219

Accept at Other DoDAAC N44219

LPO DoDAAC N44219

Other DoDAAC(s) N44219

(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.

Lea Cook Contracting Officer NAVFAC SE NAS Meridian, MS

(601) 679-2804 lea.m.cook.civ@us.navy.mil

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

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

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

DEC 2023

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.204-28 Federal Acquisition Supply Chain Security Act Orders--

Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

DEC 2023

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-8 Alt I Time of Delivery (Jun 1997) Alternate I APR 1984 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

MAY 2024

52.217-2 Cancellation Under Multiyear Contracts OCT 1997 52.219-28 Post-Award Small Business Program Rerepresentation FEB 2024 52.222-3 Convict Labor JUN 2003 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-20 Aerosols MAY 2024 52.223-21 Foams MAY 2024 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-32 Performance-Based Payments APR 2012 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-17 Government Delay Of Work APR 1984 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.225-7060 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

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