Sol_75H70625Q00044.pdf
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- Solicitation number
- 75H70625Q00044
About this file
This document is a Request for Quotation (RFQ) for a 100% Indian Small Business Economic Enterprise (ISBEE) set-aside project to install artificial turf and a retaining wall at the Indian Health Service (IHS) Health Center in Wanblee, South Dakota. The solicitation (75H70625Q00044) seeks quotations for installing approximately 700 square feet of Synlawn Synfescue 343 artificial turf and a block retaining wall, with a period of performance of 365 days after award. The project will be awarded using Lowest Price Technically Acceptable (LPTA) procedures, where proposals must meet all technical requirements and have all non-price factors rated "ACCEPTABLE" to be eligible.
The solicitation requires quotations to be submitted by May 2, 2025 at 1700 CT, with a planned contract period from June 1, 2025 to May 31, 2026. Contractors must be registered in the System for Award Management (SAM), comply with Indian preference requirements, and submit quotes through the Invoice Processing Platform (IPP). The government intends to award the contract without discussions, so offerors are advised to submit their best technical and price proposal initially. The project is located at 210 1st Street in Wanblee, South Dakota, and is being procured by the Aberdeen Area Indian Health Service.
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75H70625Q00044
1. REQUEST NO.
5a. ISSUED BY
NAME
a. NAME
c. STREET ADDRESS
d. CITY
10. PLEASE FURNISH QUOTATIONS TO
THE ISSUING OFFICE IN BLOCK 5a ON
OR BEFORE CLOSE OF BUSINESS (Date)
2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG.1
RATING
6. DELIVERY BY (Date)
7. DELIVERY
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
PAGE OF PAGES
5b. FOR INFORMATION CALL: (No collect calls)
TELEPHONE NUMBER
AREA CODE NUMBER
8. TO:
b. COMPANY
e. STATE f. ZIP CODE
c. CITY
d. STATE e. ZIP CODE
IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
THIS RFQ
REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
IS IS NOT A SMALL BUSINESS SET ASIDEX
04/11/2025 IHS1507709
1 41
Federal Building 115 Fourth Ave, SE Aberdeen SD 57401
Aberdeen Area Indian Health Servic 365 Days After Notice to Proceed
IHSWANBLEE
210 1st Street PO Box 290
WANBLEE SD 57577
WANBLEE
SD 57577
ERIN DOERING
05/02/2025 1700 CT
FOB DESTINATION
OTHER
(See Schedule)X
ITEM NO.
(a)
SUPPLIES/SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
100% Indian Small Business Economic Enterprise (ISBEE) Set-Aside
Request for quote to install artificial turf and a retaining wall at the IHS Health Center located in Wanblee, South Dakota. Period of performance will be 365 days after award.
BASIS FOR AWARD
This award selection will be conducted using Lowest Price Technically Acceptable (LPTA) procedures. To be eligible for award, a proposal must meet all technical requirements, conform to all required terms and conditions, and include all information required. All non-price evaluation factors must be rated at "ACCEPTABLE" Continued ...
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations
13. NAME AND ADDRESS OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
a. NAME OF QUOTER
AREA CODE
NUMBER
15. DATE OF QUOTATION
b. TELEPHONE are are not attached
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA - FAR (48 CFR) 53.215-1(a)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 41
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00044 in order to be eligible for award. An
"UNACCEPTABLE" rating in any factor will result in the proposal being rated "UNACCEPTABLE" unless corrected through discussions. A proposal rating of "UNACCEPTABLE" makes a proposal ineligible for award. Since the LPTA methodology prohibits trade-offs, all evaluation factors and sub-factors are equally important. Proposals are evaluated for acceptability but not ranked using the non- price factors.
A price evaluation will be performed for all offerors and proposals will be ranked from lowest to highest price based on the Total Proposed
Price (TPP) provided by the offeror on the price schedule sheet. Next, an evaluation of each factor and, subsequently, the overall proposal will be performed beginning with the lowest priced proposal. Award will be made to the lowest evaluated priced proposal meeting the acceptability standards for the non-price factors. The Government intends to award a contract without conducting discussions;
therefore, the initial proposal shall conform to the solicitation requirements and should contain the best offer from a technical and price perspective.
Any questions regarding this solicitation shall be requested before April 21, 2025 before 4:30 pm
CDT; in writing by email to the contract specialist at Erin.Doering@ihs.gov.
Our project no.: GP24WB303C06
Period of Performance: 06/01/2025 to 05/31/2026
1 Turf and Retaining Wall
-Install artificial turf: Synlawn Synfescue 343
-Block retaining wall installation
Delivery: 365 Days After Notice to Proceed
Quotation must set forth, full, accurate and complete information as required by the Request for Quotation (RFQ), and be returned no later than the date referenced in Block #10 of the
Request for Quotation form SF-18. All required information must be submitted in order to be considered responsive and eligible for award.
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 41
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
75H70625Q00044
ACCEPTANCE PERIOD: Your proposal must stipulate that it is predicated upon all the terms and conditions of this RFQ. In addition, it must contain a statement to the effect that it is firm for a period of at least 30 days from the date of receipt by the Government. All required information must be submitted in order to be considered responsive and eligible for award.
No contract award shall be made to any vendor or provider listed on the OIG Exclusion List http://exclusions.oig.hhs.gov throughout the duration of the contract.
Contractor must be registered with the System for
Award Management (SAM) before award can be made.
The website to register at is: www.sam.gov.
Invoicing under this order shall be processed through the Invoice Payment Platform (IPP), located at www.ipp.gov.
The Government reserves the right to accept or reject services if the level of work is unsatisfactory.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
SOL - Solicitation Number B - Supplies or Services and prices/costs
Unit Price C - Description/specifications/statement of work G - Contract Administration Data
Invoice Submission & Payment H - Special Contract Requirements
IT Equipment and Software Acquisitions Service Contract Labor Standards
I - Clauses Incorporated by Reference & In Full Text J - List of Attachments K - Representations, certifications, and other statements of offerors or respondent
FAR Provisions L - Instructions, conditions, and notices to offerors or respondents
Provisions M - Evaluation factors for award
Provisions SOL - Solicitation Number
These clauses, terms and conditions are incorporated into solicitation number 75H70625Q00044.
B - Supplies or Services and prices/costs
Unit Price
The "Unit Price" is an all-inclusive cost. "All inclusive cost" is defined to include travel, lodging, per diem, fringe benefits, i.e., life insurance, social security, federal, state, and local taxes, plus all other costs pertinent to the performance of this purchase order.
C - Description/specifications/statement of work
STATEMENT OF WORK
TURF AND RETAINING WALL
GP24WB303C06
INDIAN HEALTH SERVICE
WANBLEE HEALTH CENTER
WANBLEE, SD
JANUARY 2025
Table of Contents
1. Project Description
2. Statement of Work.
3. Period of Performance.
4. Submittals
5. Schedule/Meetings
6. Miscellaneous
7. Payments to the Contractor
8. IHS Personnel
9. Invoice Format
10. Closeout Documents
11. Authority
Appendix A Bid Schedule Appendix B Turf and Retaining Wall Location
STATEMENT OF WORK
Turf and Retaining Wall Wanblee Health Center
Wanblee, SD
1. Project Description
A. Title: Turf and Retaining Wall B. Location: This project is at the Wanblee Health Center in Wanblee, SD.
C. Period of Performance: 365 calendar days from Notice to Proceed.
D. Description: The purpose of this project, as described in the Statement of Work, is to improve the aesthetics and functionality of the main entrance landscaping. The addition of the turf will help save water.
E. Background: The exterior appearance of the Health Center is essential for creating a positive patient experience. Therefore, it is necessary to improve the functionality and visual appeal of the exterior to ensure that patients feel comfortable and confident during their visits.
F. Related Documents
1. NFPA 101 Life Safety Code 2012
2. NFPA 99 Healthcare Facilities Code 2012
3. Architectural Barriers Act Standards
G. Common Acronyms or Definitions
1. CO Contracting Officer
2. COR Contracting Officer?s Representative
3. ICRA Infection Control Risk Assessment
4. PCRA Pre-Construction Risk Assessment
2. Statement of Work. The contractor must follow all manufacturer specifications to ensure the products are installed correctly and function optimally.
Note: It is recommended that the contractor perform a site visit at the bidder's expense before bidding to fully understand the Statement of Work. Coordination with the COR is required.
The contractor shall provide all material, labor, equipment, and supervision required to accomplish the following:
A. Warranty: The contractor shall provide a 1-year labor and material warranty at no additional cost to the government, which provides for the repair of all work and equipment supplied under this statement of work.
B. Artificial Turf: The contractor is responsible for the preparation and installation of approximately 700 square feet of artificial turf, specifically Synlawn Synfescue 343. Additionally, a retaining wall is required at the south end of the foundation due to the elevation difference, which would prevent a smooth transition of the turf. The retaining wall must be constructed using blocks. The COR must approve the turf before the contractor orders the materials.
C. Retaining Wall: A retaining wall is required at the south end of the foundation due to the elevation difference, which would prevent a smooth transition of the turf. The retaining wall must be constructed using blocks. The COR must approve the blocks before the contractor orders the materials.
D. Clean Up: The site shall be cleaned daily. The construction areas involved shall be free of debris, rubbish, and scraps of leftover material upon project completion. Trash receptacles used for the collection of this debris and their removal from the project site shall be provided by the contractor. The contractor is responsible for disposing of all demoed products. The COR will inspect the site before final payment to ensure the sites return to their original condition before construction
E. Site Restoration: The construction site shall be free of materials, debris, and rubbish. The contractor will be responsible for removing this debris and must restore the site to its original condition as approved by the COR.
F. Addition Facility Requirements: The Contractor shall comply with the requirements during the pre-construction meeting. If required, ICRA and PCRA documents will be given after the pre-construction meeting.
3. Period of Performance.
A. Time of the Essence: All time limits for milestones, if any, substantial completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.
B. The Work will be completed within Three Hundred Sixty-Five (365) calendar days after the Notice to Proceed.
4. Submittals A. Submittals shall be submitted for the following items and delivered electronically to the COR or designated PM for final approval before ordering new material or equipment.
1. Turf
2. Blocks
5. Schedule/Meetings A. The general contractor shall submit a detailed schedule to the COR for approval within (14) calendar days of the award.
B. Pre-Construction Meeting: One Pre-Construction meeting shall be conducted before the construction of the contract.
C. Progress Meetings: Progress meetings shall be conducted at regular intervals as merited by the progress of the work.
D. Substantial Completion: One substantial completion meeting shall be held following notification of the COR by the General Contractor that the project is Substantially Complete.
E. Final Completion: One completion meeting shall be held following the determination that the project is complete.
6. Miscellaneous A. Occupancy of Government Facilities. The contractor shall be responsible for properly informing the COR of any condition that would jeopardize the building or its contents, such as loss of heat, air conditioning, danger of pipes freezing, loss of electrical power, water, sewer, or failure of building security. The contractor shall provide details on the enclosure and roofing process and the status of the roofing installation schedule. Construction may need to occur after hours if patient care areas are significantly affected.
B. Correspondence. All correspondence shall be addressed to the COR. Each letter, document, etc., shall contain the following information:
1. Date
2. Project Numbers, Contract Number, Delivery Order Number, and Service Unit
Name/Location.
3. Name of those who were sent copies.
C. Superintendent. The prime contractor shall have an onsite superintendent for this project while any work is being performed unless prior approval is granted from the COR. Progress reports shall be submitted daily.
D. Tribal Requirements.
1. The Contractor and all subcontractors working on the Pine Ridge Indian Reservation must comply with the Indian preference and Indian preference program requirements administered by the Oglala Sioux Tribe Tribal Employment Rights Office (TERO).
2. contractors and sub-contractors must submit an acceptable Compliance Agreement to the TERO office before commencing work. Copies of this form can be obtained from the TERO office.
3. Contractors are strongly encouraged to contact the TERO office at (605) 867-5167 for an explanation of tribal requirements. Other fees may apply.
E. Construction Materials and Storage
1. All materials shall be stored and handled according to the manufacturers recommendations.
2. All materials shall be submitted to the COR for approval before ordering.
3. The contractor(s) shall be present and on-site to receive all construction materials, equipment, or products. IHS staff will not be present, responsible, accept, or provide offloading equipment for construction materials, products, or equipment. The contractor(s) is liable for properly receiving construction equipment, products, and on-site materials.
4. The contractor(s) shall provide their means of storing any construction materials, products, or equipment required for installation. IHS staff will not be responsible or provide any means of storing construction material, products, or equipment before or during construction. All material, products, or equipment remain the contractor(s) property until all parties deem the project substantially completed.
F. Hours Of Operation
1. The project shall start after the award and receipt of the Notice to Proceed
2. The work hours shall be 8:00 am to 5:00 pm, Monday through Friday. Weekends and after-hours work may be available upon request.
7. Payments to the Contractor
1. The Government will pay the Contractor a fixed price, as indicated below, which will constitute total compensation for all Contractor professional and incidental services, travel expenses, and materials necessary to furnish the complete project as required and specified in this SOW.
2. Progress payments will be paid following acceptance by the Government of that particular schedule item and a correctly submitted and approved invoice.
8. IHS Personnel
Contracting Officer's Representative (COR) Stottin Newbrough will be designated as this Task Order's Contracting Officer's Representative (COR). His address and telephone are:
Stottin Newbrough Great Plains Area Indian Health Service Division of Facilities Management & Engineering 3200 Canyon Lake Dr.
Rapid City, SD 57702 Office: 605 945-5452 Stottin.Newbrough@ihs.gov
The Contracting Officer will document any change in COR designation in writing.
Facility Manager (FM) Richard Lamont is the Facility Manager for the Wanblee Health Center. His contact information is:
Richard Lamont Facility Manager Wanblee Health Center Office: 605 462-5609 RichardR.Lamont@ihs.gov
9. Invoice Format Invoice Processing Platform (IPP) The Indian Health Service (IHS)uses an electronic invoicing system In compliance with the Office of Management and Budget (OMB) M-15-19 memorandum, Improving Government Efficiency and Saving Taxpayer Dollars Through Electronic Invoicing, directing Federal agencies to adopt electronic invoicing as the primary means to disburse payment to vendors. Invoices submitted under any award resulting from this solicitation will be required to utilize the Invoice Processing Platform (IPP) in accordance with HHSAR 352.232-71, Electronic Submission and Processing of Payment Requests.
IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury's Bureau of the Fiscal Service, in partnership with the Federal Reserve Bank of St. Louis (FRSTL).
Respondents to this solicitation are encouraged to register an account with IPP if they have not already done so. If your organization is already registered to use IPP, you will not be required to re-register-however, we encourage you make sure your organization and designated IPP user accounts are valid and up to date.
The IPP website address is: https://www.ipp.gov If you require assistance registering or IPP account access, please contact the IPP Helpdesk at (866) 973- 3131 (M-F 8AM to 6PM ET), or IPPCustomerSupport@fiscal.treasury.gov Should the contractor feel that use of the IPP would be unduly burdensome, their response to this solicitation should include an explanation of this position for a determination by the contracting officer.
10. Closeout Documents The Contractor shall submit one hard copy set of all final, installed submittal items, accessories, and all installation/operation/maintenance documents to the facility manager. The final installed submittal package and O&M shall also be sent electronically to the COR.
11. Authority
1.1. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.
1.2. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.
1.3. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:
1.3.1. An understanding or agreement between the Contractor and anyone other than the Contracting Officer;
1.3.2. A purported modification or change order issued by anyone other than the Contracting Officer;
1.3.3. A promise by anyone other than the Contracting Officer to provide additional funding or make payments; or
1.3.4. An order, direction, consent, or permission from anyone other than the Contracting Officer to:
1.3.4.1. Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or
1.3.4.2. Expend hours in excess of a specified level of effort.
Appendix A Bid Schedule
Turf and Retaining Wall Wanblee Health Center
Est. Unit Total
Item Description Qty. Unit Cost Cost
1 Turf 1 Job $ $
2 Retaining Wall 1 Job $ $
Total $
Appendix B Turf and Retaining Wall Location
See picture on separate document
G - Contract Administration Data
Invoice Submission & Payment
The Contractor shall bill either monthly or quarterly and shall submit invoices accordingly.
Invoices shall be submitted via the Invoice Processing Platform in accordance with HHSAR 352.232-71.
Payments shall be made by the Great Plains Area Financial Management Branch, Federal Building, Room 309, Aberdeen, SD 57401-4360.
The Government reserves the right to accept or reject services if the level of work is unsatisfactory.
H - Special Contract Requirements
IT Equipment and Software Acquisitions
The Contractor must provide only new equipment and new parts for the required products described herein;
no used, refurbished, or remanufactured equipment or parts shall be provided under any circumstances.
Absolutely no "Gray Market Goods" or "Counterfeit Electronic Parts" shall be provided. Gray Market Goods are defined as genuine branded goods intentionally or unintentionally sold outside of an authorized sales-territory or by non-authorized dealers in an authorized territory. All equipment shall be accompanied by the Original Equipment Manufacturers (OEM's) warranty. Counterfeit Electronic Parts are defined as unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified electronic part from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitution includes used electronic parts represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.
"The Office of Management and Budget (OMB) mandates that U.S. federal agencies use the Internet Protocol version 6 (IPv6). In November 2020, OMB issued memorandum M-21-07 "Completing the Transition to IPv6", which outlines the Federal government's strategic intent "to deliver its information services, operate its networks, and access the services of others using only IPv6". The IHS requires all new IT systems (hardware and software) to operate in a pure IPv6 network environment. This includes on-premises services or third-party hosted services that require network integration into the IHS network. The Offeror's solution shall comply with the IPv6 standards profile as defined by the NIST USGv6 Program: https://www.nist.gov/programs-projects/usgv6-program"
Service Contract Labor Standards
The Wage Determination, WD 2015-5377 Revision 27 dated December 22, 2024, is hereby incorporated by reference.
The full text of the referenced wage determination can be accessed at https://sam.gov/content/wage-determinations.
I - Clauses Incorporated by Reference & In Full Text
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)
52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) https://www.nist.gov/programs-projects/usgv6-program https://sam.gov/content/wage-determinations https://sam.gov/content/wage-determinations
52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)
52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.
(DEC 2023)
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)
52.224-2 Privacy Act. (APR 1984)
352.224-70 Privacy Act. (DEC 2015)
352.224-71 Confidential Information. (DEC 2015)
352.226-6 Indian Economic Enterprise Subcontracting Limitations (MAR 2022)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (JAN 2025)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
[ ] (6) [Reserved]
[ ] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111- 117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).
[ ] (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition.
(DEC 2023) (Pub. L. 115-390, title II).
[ ] (ii) Alternate I (DEC 2023) of 52.204-30.
[ ] (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.
(JAN 2025) (31 U.S.C. 6101 note).
[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved]
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (17) [Reserved]
[X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C.
644).
[ ] (ii) Alternate I (MAR 2020) of 52.219-6.
[ ] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.
644).
[ ] (ii) Alternate I (MAR 2020) of 52.219-7.
[ ] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C.
637(d)(2) and (3)).
[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C.
637(d)(4)).
[ ] (ii) Alternate I (NOV 2016) of 52.219-9.
[ ] (iii) Alternate II (NOV 2016) of 52.219-9.
[ ] (iv) Alternate III (JUN 2020) of 52.219-9.
[ ] (v) Alternate IV (JAN 2025) of 52.219-9.
[ ] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-13.
[ ] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[ ] (24) 52.219-16, Liquidated Damages- Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[X] (26)(i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C.
637(m)).
[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (34)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
[ ] (ii) Alternate I (FEB 1999) of 52.222-26.
[ ] (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (JULY 2014) of 52.222-35.
[X] (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (JULY 2014) of 52.222-36.
[ ] (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.
13627).
[ ] (40) 52.222-54, Employment Eligibility Verification (JAN 2025) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in
FAR 22.1803.)
[ ] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C.
8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ] (ii) Alternate I (JAN 2017) of 52.224-3.
[X] (48)(i) 52.225-1, Buy American- Supplies (OCT 2022)) (41 U.S.C. chapter 83).
[ ] (ii) Alternate I (OCT 2022) of 52.225-1.
[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (JAN 2025) of 52.225-3.
[ ] (iv) Alternate III (FEB 2024) of 52.225-3.
[ ] (v) Alternate IV (OCT 2022) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(NOV 2007) (42 U.S.C. 5150).
[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C. 3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[ ] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[X] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
[ ] (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
[ ] (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order
14026 (JAN 2022).
[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.
13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
[ ] (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition. (DEC 2023) (Pub. L. 115-390, title II).
(B) Alternate I (DEC 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C.
4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C.
chapter 67).
(xvi) [X] (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
352.226-1 Indian Preference. (DEC 2015)
(a) The Contractor agrees to give preference in employment opportunities under this contract to Indians who can perform required work, regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. The Contractor also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts to the extent feasible and consistent with the efficient performance of this contract. The Contractor shall maintain the necessary statistical records to demonstrate compliance with this paragraph.
(b) In connection with the Indian employment preference requirements of this clause, the Contractor shall provide reasonable opportunities for training, incident to such employment. Such training shall include on-the-job, classroom, or apprenticeship training designed to increase the vocational effectiveness of an Indian employee.
(c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled "Equal Opportunity."
(d) If no Indian organizations or Indian-owned economic enterprises are available under reasonable terms and conditions, including price, for awarding of subcontracts in connection with the work performed under this contract, the Contractor agrees to comply with the provisions of this contract involving utilization of small businesses; HUBZone small businesses; service-disabled, veteran-owned small businesses; 8(a) small businesses; veteran-owned small businesses;
women-owned small businesses; or small disadvantaged businesses.
(e) As used in this clause,
(1) Indian means a person who is a member of an Indian tribe. If the Contractor has reason to doubt that a person seeking employment preference is an Indian, the Contractor shall grant the preference but shall require the individual provide evidence within 30 days from the tribe concerned that the person is a member of the tribe.
(2) Indian tribe means an Indian tribe, pueblo, band, nation, or other organized group or community, including Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601) which the United States recognizes as eligible for the special programs and services provided to Indians because of its status as Indians.
(3) Indian organization means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451).
(4) Indian-owned economic enterprise means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit, provided that such Indian ownership shall constitute not less than 51 percent of the enterprise, and that ownership shall encompass active operation and control of the enterprise.
(f) The Contractor agrees to include the provisions of this clause, including this paragraph (f) of this clause, in each subcontract awarded at any tier under this contract.
(g) In the event of noncompliance with this clause, the Contracting Officer may terminate the contract in whole or in part or may pursue any other remedies authorized by law or by other provisions of the contract.
(End of clause)
352.232-71 Electronic submission of payment requests
(a) Definitions. As used in this clause-
Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.
(End of Clause)
J - List of Attachments
Attachment Number Title
1 APPENDIX B_TURF AND RETAINING WALL
K - Representations, certifications, and other statements of offerors or respondent
FAR Provisions
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,…
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