Solicitation Amendment 1_W9127S-20-Q-0070.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

SOLICITATION AMENDMENT 1:

- Requests offerors to read and provide compliance to FAR provision 52.204-25

- Provides Answers to Questions Submitted by Cutoff Date/Time, 14 Aug 2020, 1:00 PM, CST

- Adds Line for Base Total, Option Total and Complete Total Bid Amount to Bid Sheet Summary

- Incorporates FAR Clause 52.204-25 by Full Text

- Updates FAR Clauses 52.204.24 and FAR 52.204-25 to Aug 2020 version

- Incorporates FAR provision 52.232.32, Performance Based Payments

1. CONTRACT ID CODE PAGE OF PAGES

J 1 21

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY

16B. UNITED STATES OF AMERICA 15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9127S20Q0070

X 9B. DATED (SEE ITEM 11)

07-Aug-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

P0001

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

14-Aug-2020

CODE

CONTRACTING DIVISION

USACE, LITTLE ROCK (W9127S)

700 W. CAPITOL AVE, RM 7315

LITTLE ROCK AR 72201-3225

W9127S 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

- In accordance with No. 11 above, complete items 8 and 15 of this page and return with offer

W9127S20Q0070

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following have been modified:

SYNOPSIS AND SOLICITATION

AMENDMENT 1

Combined Synopsis and Solicitation Solicitation Number: W9127S-20-Q-0070

Armed Forces Recruiting Janitorial Services in Arkansas

This is a combined synopsis/solicitation for commercial items issued by the United States Army Corps of Engineers, Little Rock District, prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This solicitation is for Janitorial Services located in the State of Arkansas (See the Performance Work Statement for details.) This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued.

Solicitation Number W9127S-20-Q-0070 is being issued as a Request for Quotation (RFQ). The Government reserves the right to make an award on the initial quote without discussions on this procurement. Award will be made to the responsive and responsible quoter who submits the lowest aggregate price to perform the services set forth in the Performance Work Statement.

This acquisition is being competed as a 100% WOMAN OWNED SMALL BUSINESS SET-ASIDE procurement.

The NAICS code for this requirement is 561720 with a size standard of $19,500,000.00. Terms of the solicitation and specifications remain unchanged unless the RFQ is amended in writing.

Offerors must be registered in the System for Award Management (SAM) prior to award. Lack of an active registration in SAM will make an offeror ineligible for contract award. For more information on SAM Registration, please visit: http://www.sba.gov/content/register-government-contracting and https://www.sam.gov/sam/transcript/Quick_Guide_for_Contract_Registration.pdf.

*** Offerors are required to submit a completed copy of the following Proposal Cover Page and Line Item Amounts.

*** Offerors are required to submit a completed copy of the FAR provision 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment with its quote and FAR provision 52.204-26, Covered Telecommunications Equipment or Services - Representation. Offerors are required to read and confirm that they are in compliance with FAR provision 52.204-25, added in full-text.

*** Offerors are required to submit a completed copy of the FAR provision 52.212-3, Alt I, Offeror Representations and Certifications – Commercial Items, with its quote.

Contractual Questions regarding this requirement will be accepted by email only to:

Earlean.J.Murray@usace.army.mil Cutoff /time for questions ended Friday, 14 August 2020 at 1:00 PM (CST). One (1) comprehensive Questions/Answers will be submitted (if needed) for all questions received by the cutoff date.

SUBMISSION OF QUOTES: Quotes must be submitted electronically (email) No Later Than (NLT) Friday, 28 August 2020 at 01:00 PM, CST to email address: Earlean.J.Murray@usace.army.mil

A Site Visit will not be conducted for this requirement.

AIR FORCE RECRUITING OFFICES JANITORIAL SERVICES

Questions and Answers to Solicitation: W9127S-20-Q-0070

The Cutoff Date/Time for Questions: Friday, August 14 at 1:00 PM, CST

QUESTIONS & ANSWERS AS FOLLOWS:

1. Can you provide details for the solicitation. I received the announcement but not details or cost sheets, etc.

Answer: Search & click on W9127S-20-Q-0070, move your mouse over the title name which is likely in bold blue letters "Air Force Recruiting Offices Janitorial Services." Scroll down the page to "Attachments/Links." You will find all details in the attached Combined Synopsis and Solicitation.pdf

2. (a) How long do these jobs usually take?

Answer: A length of time to perform the required services can only be given based upon each offeror’s knowledge and experience. It is suggested that each offeror review the Contract Bid Schedule Locations found in the Solicitation for the sq. footage size of each location in comparison to the services required and frequency of those services to make a reasonable assumption based on their own personal cleaning experience.

(b) Are they contract or hourly?

Answer: Contract Award will be made.

(c) Can men be on the cleaning crews?

Answer: As shown in the solicitation, we are seeking a Woman Owned Small Business (WOSB) for award. Qualifications of being a WOSB includes being at least 51% directly owned and controlled by one or more women who are US citizens. That does not mean the WOSB awardee cannot hire men to work on their contract.

3. (a) Is there an incumbent and if so, what company currently has this contract?

Answer: The current contract was awarded to Franklin Services Unlimited.

(b) Is there funding for this RFQ?

Answer: Sufficient funds are available to award this requirement.

4. Can you bid one location or more? Is it all or nothing – bid all locations?

Answer: Offerors must bid all locations - One (1) award will be made to one WOSB.

5. (a) Is it possible to get a contract price and number from previous awards?

Answer: Award number: W9127S-18P-6001 – Total Price: $85,560

(b) Will the interested vendors list be made public?

Answer: No.

(c) Can more than one person clean the building at once? If not, will I be allowed to hands on train the person inside of your building to let them know what I expect?

Answer: Yes, more than one person can clean a facility at once if needed, based upon the WOSB awardee’s reasonable decision.

(d) Will the interested vendors list be made public?

Answer: No.

(e) Can more than one person clean the building at once? If not, will I be allowed to hands on train the person inside of your building to let them know what I expect??

Answer: Yes, more than one person can clean a facility at once if needed, based upon the WOSB awardee’s reasonable decision.

(f) Would you happen to know how much supplies the buildings use in a months’ time?

Answer: Not known. However, see suggestion for Answer 2 (a) above.

(g) On the bid sheet it says (months). Are we proposing for a monthly or annual pricing?

Answer: Performance based payments will be utilized for this requirement. See Solicitation amendment FAR Clause 52.232.32.

Bid sheet Unit Price = monthly price – Total amount is calculated by Quantity of 12 months. See following example.

Item No. Quantity Unit Unit Price Amount 0001 12 Months $ 475.00 $5,700.00

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Months Army, Navy RO - Batesville AR

FFP

ARMY/NAVY RECRUITING OFFICE, MARKET PLACE CENTER, SUITE F,

3502 HARRISON STREET - BATESVILLE, ARKANSAS – 760 sq. ft.

FOB: Destination

PSC CD: S201

NET AMT

0002 Months Army, Navy, AF, MC RO - El Dorado AR

FFP

ARMED FORCES CAREER CENTER, ARMY, NAVY, AIR FORCE, MARINE

CORPS, THE COMMONS BUILDING, SUITES G&I, 2600 NORTHWEST

AVENUE, EL DORADO, ARKANSAS – 3,100 sq. ft.

0003 Months Army, Navy, MC, AF NW AR Mall - Fayettv

FFP

ARMED FORCES RECRUTING CENTER, ARMY, MARINE CORPS, NAVY,

AIR FORCE, NORTHWEST ARKANSAS MALL, 4201 NORTH SHILOH,

FAYETTVILLE, ARKANSAS – 4,030 sq. ft.

BID SHEET SUMMARY

0006 Months Army, Navy RO, Ashley Sq ShopCtr- LRock

FFP

ARMY AND NAVY RECRUITING OFFICE, ASHLEY SQUARE SHOPPING

CENTER, STE. 133, 9112 RODNEY PARHAM ROAD, LITTLE ROCK,

ARKANAS – 2,550 sq. ft.

0004 Months Army, MC RO, Sierra Center - Harrison AR

FFP

ARMY, MARINE CORPS RECRUITING OFFICE, SIERRA CENTER, 1320

HIGHWAY 62-65 N STE B, HARRISON, ARKANSAS – 1,000 sq. ft.

0005 Months Army, Navy, AF, MC Highland Ctr_Jonesbor

FFP

ARMED FORCES RECRUITING CENTER, ARMY, NAVY, AIR FORCE,

MARINE CORPS HIGHLAND CENTER, 1923 RED WOLF BOULEVARD,

JONESBORO, AR – 4,500 sq. ft.

0007 Months Army, Navy RO, McCain Plaza- N Little Ro

FFP

ARMY RECRUITING OFFICE SUITE 46, NAVY RECRUITING OFFICE,

SUITE 42, 4194 MCCAIN PLAZA, NORTH LITTLE ROCK, ARKANSAS –

2,400 sq. ft.

0008 Months AF Recruiting Hub- Lakewood Village- NLR

FFP

AIR FORCE RECRUITING HUB, 2851 LAKEWOOD VILLAGE, NORTH

LITTLE ROCK, ARKANSAS – 2,400 sq. ft.

0009 Months AF RO - Lakewood Village - N Little Rock

FFP

AIR FORCE RECRUITING OFFICES, 2807 LAKEWOOD VILLAGE, NORTH

LITTLE ROCK, ARKANSAS – 1,700 sq. ft.

0011 Job Base Year- Contractor Manpower Reporting

FFP

Base Year - Contractor Manpower FFP

BASE YEAR TOTAL AMOUNT ___________________________

0010 Months Searcy, Army, MC, Navy RO - Searcy AR

FFP

SEARCY RECRUITING OFFICE, ARMY, MARINE CORPS, NAVY, 1560

WEST BEEBE CAPPS EXPRESSWAY, SUITE D, SEARCY, ARKANSAS –

2,260 sq. ft.

1001 Months OPTION Army, Navy RO - Batesville AR

FFP

ARMY/NAVY RECRUITING OFFICE, MARKET PLACE CENTER, SUITE F,

3502 HARRISON STREET, BATESVILLE, ARKANSAS – 760 sq. ft.

1003 Months OPTION Army, Navy, MC, AF NW AR Mall - Fayettv

FFP

ARMED FORCES RECRUTING CENTER, ARMY, MARINE CORPS, NAVY,

AIR FORCE, NORTHWEST ARKANSAS MALL, 4201 NORTH SHILOH,

FAYETTVILLE, ARKANSAS – 4,030 sq. ft.

1002 Months OPTION Army, Navy, AF, MC RO - El Dorado AR

FFP

ARMED FORCES CAREER CENTER, ARMY, NAVY, AIR FORCE, MARINE

CORPS, THE COMMONS BUILDING, SUITES G&I, 2600 NORTHWEST

AVENUE, EL DORADO, ARKANSAS – 3,100 sq. ft.

1004 Months OPTION Army, MC RO, Sierra Center - Harrison AR

FFP

ARMY, MARINE CORPS RECRUITING OFFICE, SIERRA CENTER, 1320

HIGHWAY 62-65 N STE B, HARRISON, ARKANSAS – 1,000 sq. ft.

1005 Months OPTION Army, Navy, AF, MC Highland Ctr_Jonesbor

FFP

ARMED FORCES RECRUITING CENTER, ARMY, NAVY, AIR FORCE,

MARINE CORPS HIGHLAND CENTER, 1923 RED WOLF BOULEVARD,

JONESBORO, AR – 4,500 sq. ft.

1006 Months OPTION Army, Navy RO, Ashley Sq ShopCtr- LRock

FFP

ARMY AND NAVY RECRUITING OFFICE, ASHLEY SQUARE SHOPPING

CENTER, STE. 133, 9112 RODNEY PARHAM ROAD, LITTLE ROCK,

ARKANAS – 2,550 sq. ft.

1007 Months OPTION Army, Navy RO, McCain Plaza- N Little Ro

FFP

ARMY RECRUITING OFFICE SUITE 46, NAVY RECRUITING OFFICE,

SUITE 42, 4194 MCCAIN PLAZA, NORTH LITTLE ROCK, ARKANSAS –

2,400 sq. ft.

1008 Months OPTION AF Recruiting Hub- Lakewood Village- NLR

FFP

AIR FORCE RECRUITING HUB, 2851 LAKEWOOD VILLAGE, NORTH

LITTLE ROCK, ARKANSAS – 2,400 sq. ft.

1009 Months OPTION AF RO - Lakewood Village - N Little Rock

FFP

AIR FORCE RECRUITING OFFICES, 2807 LAKEWOOD VILLAGE, NORTH

LITTLE ROCK, ARKANSAS – 1,700 sq. ft.

1010 Months OPTION Searcy, Army, MC, Navy RO - Searcy AR

FFP

SEARCY RECRUITING OFFICE, ARMY, MARINE CORPS, NAVY, 1560

WEST BEEBE CAPPS EXPRESSWAY, SUITE D, SEARCY, ARKANSAS –

2,260 sq. ft.

1011 Job OPTION Option Year- Contractor Manpower Repting

FFP

Option Year 1 - Contractor Manpower (FFP)

OPTION YEAR TOTAL AMOUNT ___________________________

COMPLETE TOTAL BID AMOUNT ___________________________

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

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

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

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

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

(End of clause)

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

2019)

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

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

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

(End of provision)

52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 30th day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquiries into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination or clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor shall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not --

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause,

(1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and

(2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights.

(1) No payment or vesting of title under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government's rights and remedies under this clause --

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(l) Content of Contractor's request for performance-based payment. The Contractor's request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract's description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor's certification. As required in paragraph (l)(5) of this clause, the Contractor shall make the following certification in each request for performance-based payment:

I certify to the best of my knowledge and belief that --

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on __________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on _________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title;

(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated _____________; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

(End of Clause)

The following have been deleted and updated AUG 2020 versions incorporated:

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

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

AUG 2019

(End of Summary of Changes)