Sol_140P5222R0003.pdf
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- Attached to
- Natchez Visitor Center HVAC Systems Replacement Federal contract opportunity
- Solicitation number
- 140P5222R0003
About this file
This is a request for proposal for replacement of HVAC systems at the Natchez Visitor Center in Mississippi. The project involves demolishing existing HVAC equipment and constructing new mechanical, piping, electrical, and HVAC systems. The existing hydronic system in the administrative portion will be replaced with a VRF system combined with a DOAS, while the exhibit hall and bookstore portions will receive a new hydronic system. Proposals are due by August 30, 2022 with anticipated contract award by October 12, 2022. The project is to be completed within 365 calendar days of notice to proceed. The Department of the Interior National Park Service Southeast Region is the contracting agency.
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Text version
REQUEST FOR PROPOSAL
SOLICITATION NUMBER: 140P5222R0003
REPLACE / UPGRADE HVAC SYSTEMS PMIS 311660
NATCHEZ NATIONAL HISTORICAL PARK
NATCHEZ VISITOR CENTER (640 S CANAL ST)
ADAMS COUNTY, NATCHEZ, MISSISSIPPI
PROPOSAL DUE DATE: AUG 30, 2022 2:00 PM CT
REFER TO SECTION L FOR INSTRUCTIONS, CONDITIONS,
AND NOTICES TO OFFEROR(S)
NPS POC: CONTRACTING OFFICER
ANDRE WARD
PH: 850-232-4630 or EMAIL: andre_ward@nps.gov
SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
CALL:
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
0040569616
NPS, SER - West MABO
2680 Natchez Trace Parkway
Tupelo MS 38804
PSW
DOI - NPS - SER - West Contracting Office
Interior Region 2 - South Atlantic Gulf Attn: Contracting Officer Email: andre_ward@nps.gov
Evans Ward 850-934-2614
PMIS 311660
x 07/27/2022
140P5222R0003
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
TITLE: REPLACE / UPGRADE HVAC SYSTEMS - Natchez Visitor Center (PMIS 311660)
LOCATION: Natchez National Historical Park, 640 S Canal St., Natchez, MS 39120
CONSTRUCTION DOCUMENTS: Plans "DWG NO. 339/175314 9/29/2021 (70-Pages) and
Specifications "PROJECT MANUAL" 9/29/2021 (447-pages) incorporated by attachment.
MAGNITUDE: The Work consists of:
1. DEMOLITION of existing MECHANICAL, HYDRONIC PIPING, RCP, HVAC systems and
CONSTRUCT new MECHANICAL, PIPING, ELECTRICAL, HVAC systems and controls. The existing 4-pipe hydronic system in the 2-story administrative portion of the building shall be replaced with a Variable Refrigerant Flow (VRF) system combined with a Dedicated Outdoor Air System (DOAS) to accommodate outside air distribution.
The existing 4-pipe hydronic system in the Exhibit Hall and Bookstore portions of the building shall be replaced with new 4-pipe hydronic system inclusive of a new chiller with 2 pumps, boiler with 2-pumps, and associated appurtenances.
2. Alternate # 1 identified on the drawings is a deductive scope of work. If this alternate is chosen, the existing 4-pipe system currently serving the entire facility will remain in place to serve the Exhibit Hall and Bookstore only.
3. The project will be accomplish under a single FFP construction contract with an estimated price range between $1,000,000 and $5,000,000
Continued ...
11. The Contractor shall begin performance
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
5 365 calendar days and complete it within ________________ ________________ calendar days after receiving
SECTION F Clause 52.211-10
08/26/2022
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 4-85)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document and return (Contractor is not required to sign this document.)
Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award.
No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
DOI, NPS, SER - GUIS Admin. Office 1801 Gulf Breeze Parkway
ATTN: Contracting Officer Gulf Breeze FL 32563
SW1
Evans Ward
28. NEGOTIATED AGREEMENT 29. AWARD
Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, copies to issuing office.)
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
STANDARD FORM 1442 (REV. 4-85) BACK
Continued...
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 44
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140P5222R0003
SET-ASIDE: Total Small Business
NAICS CODE: 238220 Plumbing, Heating, and
Air-Conditioning Contractors
SMALL BUSINESS SIZE STANDARD: $16.5 in millions of dollars (annual receipts, three-year average).
00010 BASE BID - REPLACE HVAC SYSTEM
THE LINE ITEM INCLUDES FULL REPLACEMENT OF THE
ENTIRE EXISTING HVAC SYSTEM AND TEMPERATURE
CONTROLS (ADMIN WING, EXHIBIT HALL AND BOOKSTORE
AREA).
SEE SPECS SECTION 01 2700 DEFINITION OF CONTRACT
LINE ITEMS (Page 16) FOR MORE DETAILS.
00020 ALTERNATE #1 - DEDUCTIVE BID ITEM
THIS LINE ITEM DEDUCT THE SCOPE OF WORK TO
REPLACE THE EXISTING HVAC SYSTEM AND TEMPERATURE
CONTROLS IN THE EXHIBIT HALL. THE EXISTING
HYDRONIC SYSTEM IN THE TWO-STORY ADMINISTRATIVE
WING WILL BE DEMOLISHED AND REPLACED WITH A NEW
VRF SYSTEM. THE EXISTING HYDRONIC SYSTEM WILL
REMAIN IN OPERATION TO SERVE THE EXHIBIT HALL
ONLY. THE EXISTING CHILLED AND HOT WATER PIPING
RISERS IN MECHANICAL ROOM 244, ABOVE THE
BOOKSTORE STORAGE ROOM, WILL BE CAPPED DOWNSTREAM
OF THE CONNECTION TO EXISTING AHU-3, AND A
BY-PASS BALANCING VALVE (ONE FOR THE CHILLED
WATER AND ONE FOR THE HOT WATER) WERE ADDED TO
PROPERLY BALANCE THE CONSTANT FLOW OF THE
EXISTING CHILLED AND HOT WATER SYSTEMS FOR THE
EXISTING CHILLER, BOILER AND PUMPS TO REMAIN IN
OPERATION (REFER TO 1/M111).
SEE SPECS SECTION 01 2700 DEFINITION OF CONTRACT
LINE ITEMS (Page 16) FOR MORE DETAILS.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
Section A - Solicitation/Contract Form Section B - Supplies or Services/Prices Section C - Description/Specifications Section E - Inspection and Acceptance
E-1 52.246-12 Inspection of Construction. (AUG 1996) Section F - Deliveries or Performance
F-1 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) F-2 52.242-14 Suspension of Work. (APR 1984) F-3 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I (APR 1984) F-4 52.236-15 Schedules for Construction Contracts. (APR 1984)
Section G - Contract Administration Data G-1 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)
Section H - Special Contract Requirements H-1 GS1348 Accident Reporting (APR 2003)
H-2 1452.236-72 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA (NOV 2007)
Section I - Contract Clauses I-1 52.203-3 Gratuities. (APR 1984) I-2 52.203-5 Covenant Against Contingent Fees. (MAY 2014) I-3 52.203-7 Anti-Kickback Procedures. (JUN 2020) I-4 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014) I-5 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014) I-6 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020) I-7 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020) I-8 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011) I-9 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020) I-10 52.204-12 Unique Entity Identifier Maintenance. (OCT 2016) I-11 52.204-13 System for Award Management Maintenance. (OCT 2018) I-12 52.204-14 Service Contract Reporting Requirements. (OCT 2016) I-13 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020) I-14 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) I-15 52.204-22 Alternative Line Item Proposal. (JAN 2017) I-16 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) I-17 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) I-18 52.215-2 Audit and Records - Negotiation. (JUN 2020) I-19 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) I-20 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020) I-21 52.219-8 Utilization of Small Business Concerns. (OCT 2018) I-22 52.219-14 Limitations on Subcontracting. (SEP 2021) I-23 52.219-28 Post-Award Small Business Program Rerepresentation. (SEP 2021) I-24 52.222-3 Convict Labor. (JUN 2003) I-25 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018) I-26 52.222-6 Construction Wage Rate Requirements. (AUG 2018) I-27 52.222-7 Withholding of Funds. (MAY 2014) I-28 52.222-8 Payrolls and Basic Records. (JUL 2021) I-29 52.222-9 Apprentices and Trainees. (JUL 2005) I-30 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988) I-31 52.222-11 Subcontracts (Labor Standards). (MAY 2014) I-32 52.222-12 Contract Termination - Debarment. (MAY 2014) I-33 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014) I-34 52.222-14 Disputes Concerning Labor Standards. (FEB 1988) I-35 52.222-15 Certification of Eligibility. (MAY 2014) I-36 52.222-21 Prohibition of segregated facilities. (APR 2015) I-37 52.222-26 Equal Opportunity. (SEP 2016) I-38 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)
I-39 52.222-37 Employment Reports on Veterans. (JUN 2020) I-40 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010) I-41 52.222-50 Combating Trafficking in Persons. (NOV 2021) I-42 52.222-54 Employment Eligibility Verification. (MAY 2022) I-43 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (JAN 2022) I-44 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013) 16 I-45 52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021) - Alternate I (JUL 1995) I-46 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011) I-47 52.223-6 Drug-Free Workplace. (MAY 2001) I-48 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016) I-49 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (JUN 2016) I-50 52.223-15 Energy Efficiency in Energy-Consuming Products. (MAY 2020) I-51 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018) I-52 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020) I-53 52.223-20 Aerosols. (JUN 2016) I-54 52.223-21 Foams. (JUN 2016) I-55 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021) I-56 52.227-1 Authorization and Consent. (JUN 2020) I-57 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007) I-58 52.228-2 Additional Bond Security. (OCT 1997) I-59 52.228-5 Insurance - Work on a Government Installation. (JAN 1997) I-60 52.228-11 Individual Surety-Pledge of Assets. (FEB 2021) I-61 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014) I-62 52.228-14 Irrevocable Letter of Credit. (NOV 2014) I-63 52.228-15 Performance and Payment Bonds - Construction. (JUN 2020) I-64 52.229-3 Federal, State, and Local Taxes. (FEB 2013) I-65 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (JUN 2020) I-66 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014) I-67 52.232-17 Interest. (MAY 2014) I-68 52.232-23 Assignment of Claims. (MAY 2014) I-69 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017) I-70 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018) I-71 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) I-72 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021) I-73 52.233-1 Disputes. (MAY 2014) I-74 52.233-3 Protest After Award. (AUG 1996) I-75 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) I-76 52.236-2 Differing Site Conditions. (APR 1984) I-77 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984) I-78 52.236-6 Superintendence by the Contractor. (APR 1984) I-79 52.236-8 Other Contracts. (APR 1984) I-80 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984) I-81 52.236-10 Operations and Storage Areas. (APR 1984) I-82 52.236-11 Use and Possession Prior to Completion. (APR 1984) I-83 52.236-12 Cleaning Up. (APR 1984) I-84 52.236-13 Accident Prevention. (NOV 1991) I-85 52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991) I-86 52.236-14 Availability and Use of Utility Services. (APR 1984) I-87 52.236-16 Quantity Surveys. (APR 1984) - Alternate I (APR 1984) I-88 52.236-17 Layout of Work. (APR 1984) I-89 52.236-21 Specifications and Drawings for Construction. (FEB 1997) I-90 52.236-26 Preconstruction Conference. (FEB 1995) I-91 52.242-13 Bankruptcy. (JUL 1995) I-92 52.243-4 Changes. (JUN 2007) I-93 52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2022)
I-94 52.246-21 Warranty of Construction. (APR 1984) - Alternate I (APR 1984) I-95 52.248-3 Value Engineering - Construction. (OCT 2020) - Alternate I (APR 1984) I-96 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996) I-97 52.249-10 Default (Fixed-Price Construction). (APR 1984) I-98 52.253-1 Computer Generated Forms. (JAN 1991) I-99 1415.106-70 Examination of records by the Department of the Interior clause I-100 1452.203-70 Restriction on Endorsements (JUL 1996) I-101 1452.204-70 Release of Claims (JUL 1996) I-102 1452.215-70 Examination of Records by the Department of the Interior (APR 1984) I-103 52.204-1 Approval of Contract. (DEC 1989) I-104 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) I-105 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications. (NOV 2021) - Alternate IV (OCT 2010) I-106 52.222-23 Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction. (FEB 1999) I-107 52.222-35 Equal Opportunity for Veterans. (JUN 2020) I-108 52.222-36 Equal Opportunity for Workers with Disabilities. (JUN 2020) I-109 52.225-9 Buy American - Construction Materials. (NOV 2021) I-110 52.236-5 Material and Workmanship. (APR 1984) I-111 52.236-7 Permits and Responsibilities. (NOV 1991) I-112 52.252-2 Clauses Incorporated by Reference. (FEB 1998) I-113 52.252-6 Authorized Deviations in Clauses. (NOV 2020) I-114 1452.228-70 Liability Insurance (JUL 1996) I-115 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors
Section J - List of Documents, Exhibits and Other Attachments J-1 Clauses
Section K - Representations, Certifications, and Other Statements of Bidders K-1 52.204-8 Annual Representations and Certifications. (MAY 2022) K-2 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
(NOV 2021)
Section L - Instructions,Conditions, and Notices to Bidders L-1 52.204-7 System for Award Management. (OCT 2018) L-2 52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020) L-3 52.211-7 Alternatives to Government-unique standards. (NOV 1999) L-4 52.215-1 Instructions to Offerors - Competitive Acquisition. (NOV 2021) L-5 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Cost or Pricing Data. (NOV 2021) L-6 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Cost or Pricing Data. (NOV 2021)
- Alternate III (OCT 1997) L-7 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Cost or Pricing Data. (NOV 2021)
- Alternate IV (OCT 2010) L-8 52.216-1 Type of Contract. (APR 1984) L-9 52.222-5 Construction Wage Rate Requirements-Secondary Site of the Work. (MAY 2014) L-10 52.225-10 Notice of Buy American Requirement - Construction Materials. (MAY 2014) L-11 52.228-1 Bid Guarantee. (SEP 1996) L-12 52.233-2 Service of Protest. (SEP 2006) L-13 52.236-27 Site Visit (Construction). (FEB 1995) L-14 52.236-28 Preparation of Proposals - Construction. (OCT 1997) L-15 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) L-16 52.252-5 Authorized Deviations in Provisions. (NOV 2020) L-17 1452.236-71 Additive or deductive items (JUL 1996)
L-18 1452.215-73 PRE-BID / PRE-PROPOSAL CONFERENCE (NOV 2007)
L-19 15.305 PROPOSAL EVALUATION
L-20 Notices to Offerors or Respondents (15.204-5(b)) Organization of Proposal or Response
Section M - Evaluation Factors for Award M-1 15.304 Evaluation factors for award
M-2 DOI-AAAP-0050 Use and Reporting of Contractor Performance Information
Section A - Solicitation/Contract Form
SOLICITATION, OFFER, AND AWARD
SF-1442 OFFER
Prospective contractor must execute the form by completing blocks 14 thru 20(c) and return with offer. Additional Proposal Preparation Instructions are included in SECTION L of the solicitation.
Section B - Supplies or Services/Prices
BID SCHEDULE
Each Bid item shall be priced on a lump-sum basis (lump sum is paid for the total work or defined parts of the work).
REPLACE / UPGRADE HVAC SYSTEMS - NATCHEZ VISITOR CENTER
Item/Sub Number Description Quantity Unit of
Issue Total Item Amount
00010
BASE BID - REPLACE HVAC SYSTEM THE
LINE ITEM INCLUDES FULL REPLACEMENT
OF THE ENTIRE EXISTING HVAC SYSTEM
AND TEMPERATURE CONTROLS (ADMIN
WING, EXHIBIT HALL AND BOOKSTORE
AREA). SEE SPECS SECTION 01 2700
DEFINITION OF CONTRACT LINE ITEMS
(Page 16) FOR MORE DETAILS.
00020
ALTERNATE #1 - DEDUCTIVE BID ITEM
THIS LINE ITEM DEDUCT THE SCOPE OF
WORK TO REPLACE THE EXISTING HVAC
SYSTEM AND TEMPERATURE CONTROLS
IN THE EXHIBIT HALL. THE EXISTING
HYDRONIC SYSTEM IN THE TWO-STORY
ADMINISTRATIVE WING WILL BE
DEMOLISHED AND REPLACED WITH A
NEW VRF SYSTEM. THE EXISTING
HYDRONIC SYSTEM WILL REMAIN IN
OPERATION TO SERVE THE EXHIBIT HALL
ONLY. THE EXISTING CHILLED AND HOT
WATER PIPING RISERS IN MECHANICAL
ROOM 244, ABOVE THE BOOKSTORE
STORAGE ROOM, WILL BE CAPPED
DOWNSTREAM OF THE CONNECTION TO
EXISTING AHU-3, AND A BY-PASS
BALANCING VALVE (ONE FOR THE
CHILLED WATER AND ONE FOR THE HOT
WATER) WERE ADDED TO PROPERLY
BALANCE THE CONSTANT FLOW OF THE
EXISTING CHILLED AND HOT WATER
SYSTEMS FOR THE EXISTING CHILLER,
BOILER AND PUMPS TO REMAIN IN
OPERATION (REFER TO 1/M111). SEE
SPECS SECTION 01 2700 DEFINITION OF
CONTRACT LINE ITEMS (Page 16) FOR
MORE DETAILS.
Section C - Description/Specifications The Contractor shall furnish all labor, materials and equipment required to accomplish the work to replace HVAC SYSTEMS in the Natchez Visitor Center (2-story federal building ~25,000 SF) as per design SPECIFICATIONS and PLANS incorporated by attachments and made part of the solicitation and any subsequent contract.
BRIEF SUMMARY OF SCOPE:
A. Project Location: Natchez Visitor Center, Natchez National Historical Park, Natchez, Mississippi B. The Work consists of:
1. Construct a new HVAC systems and controls to replace the existing 4-pipe hydronic system in the administrative portion of the building with a Variable Refrigerant Flow (VRF) system combined with a Dedicated Outdoor Air System DOAS) to accommodate outside air distribution. The existing 4-pipe hydronic system in the Exhibit Hall and Bookstore portions of the building shall be replaced with new 4-pipe hydronic system inclusive of a new chiller with 2 pumps, boiler with 2-pumps, and associated appurtenances.
2. Alternate #1 is identified on the drawings. This bid item is a deductive scope of work. If this alternate is chosen, the existing 4-pipe system currently serving the entire facility will remain in place to serve the Exhibit Hall and Bookstore only.
C. Project will be constructed under a single prime contract.
Section E - Inspection and Acceptance E-1 52.246-12 Inspection of Construction. (AUG 1996)
(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not -
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.
(End of clause)
Section F - Deliveries or Performance F-1 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 365. The time stated for completion shall include final cleanup of the premises.
F-2 52.242-14 Suspension of Work. (APR 1984)
F-3 52.211-10 Commencement, Prosecution, and Completion of Work. (APR 1984) - Alternate I
(APR 1984)
The Contractor shall be required to (a) commence work under this contract within 5 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 10/16/2023. The time stated for completion shall include final cleanup of the premises.
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 10/12/2022. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
(End of clause)
* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
F-4 52.236-15 Schedules for Construction Contracts. (APR 1984)
(a) The Contractor shall, within five days after the work commences on the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the dates on which the Contractor contemplates starting and completing the several salient features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of progress payments until the Contractor submits the required schedule.
(b) The Contractor shall enter the actual progress on the chart as directed by the Contracting Officer, and upon doing so shall immediately deliver three copies of the annotated schedule to the Contracting Officer. If, in the opinion of the Contracting Officer, the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Contracting Officer, without additional cost to the Government. In this circumstance, the Contracting Officer may require the Contractor to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant, and to submit for approval any supplementary schedule or schedules in chart form as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained.
(c) Failure of the Contractor to comply with the requirements of the Contracting Officer under this clause shall be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.
(End of clause)
Section G - Contract Administration Data G-1 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
'Payment request' means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice [Progress payments substantiation IAW clause at 52.232-5 (b) (1) and (c) Contractor certification, and or (h) Final payment a release of all claims.
The Contractor must use the above IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause)
Section H - Special Contract Requirements H-1 GS1348 Accident Reporting (APR 2003)
If an accident occurs on Government-controlled facilities, a report must be provided to the Contracting Officer's Representative and the Contracting Officer within 48 hours. An accident is defined as an event which causes injury, illness, or loss or damage to Government-owned or private property. The contractor will cooperate with any ensuing Government accident investigation.
H-2 1452.236-72 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA (NOV 2007)
(a) The Historic and Archeological Data Preservation Act of 1974, provides for the preservation of historical and archeological data that might otherwise be lost as the result of alterations to the terrain caused by a federal or federally licensed activity or program.
(b) If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any possible historical or archeological data, objects or sites of cultural value on the project area, such as historical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the Contracting Officer in writing, giving the location and nature of the findings. No objects of cultural resource value may be removed.
(c) Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the Changes clause.
(d) The Contractor will be responsible for protecting the cultural resources within the effected area from damage. In addition, the contractor will be liable for all damage to the identified cultural resources caused by their actions or the actions of their agents or representatives. The Contractor shall immediately notify the Contracting Officer or his representative if any damage occurs to any cultural resource and immediately suspend work in the area in which damage has occurred until authorized to proceed.
(e) The Contractor agrees to insert this paragraph in all subcontracts that involve the performance of work on the terrain of the site.
(End of Clause)
Section I - Contract Clauses I-1 52.203-3 Gratuities. (APR 1984)
I-2 52.203-5 Covenant Against Contingent Fees. (MAY 2014)
I-3 52.203-7 Anti-Kickback Procedures. (JUN 2020)
I-4 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.
(MAY 2014)
I-5 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)
I-6 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)
I-7 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (JUN 2020)
I-8 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (MAY 2011)
I-9 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (JUN 2020)
I-10 52.204-12 Unique Entity Identifier Maintenance. (OCT 2016)
I-11 52.204-13 System for Award Management Maintenance. (OCT 2018)
I-12 52.204-14 Service Contract Reporting Requirements. (OCT 2016)
I-13 52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)
I-14 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)
I-15 52.204-22 Alternative Line Item Proposal. (JAN 2017)
I-16 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021)
I-17 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
I-18 52.215-2 Audit and Records - Negotiation. (JUN 2020)
I-19 52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)
I-20 52.219-6 Notice of Total Small Business Set-Aside. (NOV 2020)
I-21 52.219-8 Utilization of Small Business Concerns. (OCT 2018)
I-22 52.219-14 Limitations on Subcontracting. (SEP 2021)
[X] By the end of the base term of the contract and then by the end of each subsequent option period; or
[ ] By the end of the performance period for each order issued under the contract.
I-23 52.219-28 Post-Award Small Business Program Rerepresentation. (SEP 2021)
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [ ] assigned to contract number [ ].
(2) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.) The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.) The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: [ ]. Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;
and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: [ ]. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) (Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.) The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) (Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.) The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: [ ]. Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer's name and title.]
I-24 52.222-3 Convict Labor. (JUN 2003)
I-25 52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2018)
I-26 52.222-6 Construction Wage Rate Requirements. (AUG 2018)
I-27 52.222-7 Withholding of Funds. (MAY 2014)
I-28 52.222-8 Payrolls and Basic Records. (JUL 2021)
I-29 52.222-9 Apprentices and Trainees. (JUL 2005)
I-30 52.222-10 Compliance With Copeland Act Requirements. (FEB 1988)
I-31 52.222-11 Subcontracts (Labor Standards). (MAY 2014)
I-32 52.222-12 Contract Termination - Debarment. (MAY 2014)
I-33 52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations. (MAY 2014)
I-34 52.222-14 Disputes Concerning Labor Standards. (FEB 1988)
I-35 52.222-15 Certification of Eligibility. (MAY 2014)
I-36 52.222-21 Prohibition of segregated facilities. (APR 2015)
I-37 52.222-26 Equal Opportunity. (SEP 2016)
I-38 52.222-27 Affirmative Action Compliance Requirements for Construction. (APR 2015)
I-39 52.222-37 Employment Reports on Veterans. (JUN 2020)
I-40 52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)
I-41 52.222-50 Combating Trafficking in Persons. (NOV 2021)
I-42 52.222-54 Employment Eligibility Verification. (MAY 2022)
I-43 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. (JAN 2022)
I-44 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)
I-45 52.223-3 Hazardous Material Identification and Material Safety Data. (FEB 2021) - Alternate
I (JUL 1995)
I-46 52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)
I-47 52.223-6 Drug-Free Workplace. (MAY 2001)
I-48 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. (JUN 2016)
I-49 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners. (JUN 2016)
I-50 52.223-15 Energy Efficiency in Energy-Consuming Products. (MAY 2020)
I-51 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. (AUG 2018)
I-52 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving. (JUN 2020)
I-53 52.223-20 Aerosols. (JUN 2016)
I-54 52.223-21 Foams. (JUN 2016)
I-55 52.225-13 Restrictions on Certain Foreign Purchases. (FEB 2021)
I-56 52.227-1 Authorization and Consent. (JUN 2020)
I-57 52.227-4 Patent Indemnity--Construction Contracts. (DEC 2007)
I-58 52.228-2 Additional Bond Security. (OCT 1997)
I-59 52.228-5 Insurance - Work on a Government Installation. (JAN 1997)
I-60 52.228-11 Individual Surety-Pledge of Assets. (FEB 2021)
I-61 52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)
I-62 52.228-14 Irrevocable Letter of Credit. (NOV 2014)
I-63 52.228-15 Performance and Payment Bonds - Construction. (JUN 2020)
I-64 52.229-3 Federal, State, and Local Taxes. (FEB 2013)
I-65 52.229-11 Tax on Certain Foreign Procurements-Notice and Representation. (JUN 2020)
(1) It [ ]is [ ]is not a foreign person; and
(2) If the Offeror indicates "is" in paragraph (d)(1) of this provision, then the Offeror represents that-I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption (Offeror shall select one) from the excise tax.
I-66 52.232-5 Payments Under Fixed-Price Construction Contracts. (MAY 2014)
I-67 52.232-17 Interest. (MAY 2014)
I-68 52.232-23 Assignment of Claims. (MAY 2014)
I-69 52.232-27 Prompt Payment for Construction Contracts. (JAN 2017)
I-70 52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)
I-71 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)
I-72 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (NOV 2021)
I-73 52.233-1 Disputes. (MAY 2014)
I-74 52.233-3 Protest After Award. (AUG 1996)
I-75 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)
I-76 52.236-2 Differing Site Conditions. (APR 1984)
I-77 52.236-3 Site Investigation and Conditions Affecting the Work. (APR 1984)
I-78 52.236-6 Superintendence by the Contractor. (APR 1984)
I-79 52.236-8 Other Contracts. (APR 1984)
I-80 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. (APR 1984)
I-81 52.236-10 Operations and Storage Areas. (APR 1984)
I-82 52.236-11 Use and Possession Prior to Completion. (APR 1984)
I-83 52.236-12 Cleaning Up. (APR 1984)
I-84 52.236-13 Accident Prevention. (NOV 1991)
I-85 52.236-13 Accident Prevention. (NOV 1991) - Alternate I (NOV 1991)
I-86 52.236-14 Availability and Use of Utility Services. (APR 1984)
I-87 52.236-16 Quantity Surveys. (APR 1984) - Alternate I (APR 1984)
I-88 52.236-17 Layout of Work. (APR 1984)
I-89 52.236-21 Specifications and Drawings for Construction. (FEB 1997)
I-90 52.236-26 Preconstruction Conference. (FEB 1995)
I-91 52.242-13 Bankruptcy. (JUL 1995)
I-92 52.243-4 Changes. (JUN 2007)
I-93 52.244-6 Subcontracts for Commercial Products and Commercial Services. (JAN 2022)
I-94 52.246-21 Warranty of Construction. (APR 1984) - Alternate I (APR 1984)
I-95 52.248-3 Value Engineering - Construction. (OCT 2020) - Alternate I (APR 1984)
I-96 52.249-2 Termination for Convenience of the Government (Fixed-Price). (APR 2012) - Alternate I (SEP 1996)
I-97 52.249-10 Default (Fixed-Price Construction). (APR 1984)
I-98 52.253-1 Computer Generated Forms. (JAN 1991)
I-99 1415.106-70 Examination of records by the Department of the Interior clause.
I-100 1452.203-70 Restriction on Endorsements (JUL 1996)
I-101 1452.204-70 Release of Claims (JUL 1996)
I-102 1452.215-70 Examination of Records by the Department of the Interior (APR 1984)
I-103 52.204-1 Approval of Contract. (DEC 1989)
This contract is subject to the written approval of Bureau Procurement Chief or designee and shall not be binding until so approved.
(End of clause)
I-104 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021)
(a) Definitions. As used in this clause-
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (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.
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