Solicitation-PR12426550-Renovation of HU Building-Chancery.pdf

U.S. Embassy Banjul

Date: August 1, 2024

Dear Prospective Quoter:

Subject: Request for Quotations- PR12426550-Renovation of HU Building-Chancery

The US Embassy Banjul wishes to solicit your technical proposal and proforma cost estimate to renovate health unit building located at the Embassy compound, Kairaba Avenue, Fajara.U.S.

Government intends to award a contract to the responsible company submitting a technically acceptable quotation at the lowest price.

A site visit will be held on August 8,2024 at 10:00 a.m. at Embassy compound Kairaba Avenue, Fajara. Interested contractors should submit no more than two names of attendees to the address

BanjulGSO@state.gov with subject line Request for site visit - PR12426550: GSO/FAC:

Renovation of HU Building- Chancery not later than August 6,2024 at 12:00 p.m. Gambian

Time.

Quotations are due by August 22,2024 at 12:00 p.m. Gambian time. No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Your quotation must be submitted electronically to BanjulGSO@state.gov

It is important to make sure the submission is made in specific size and format; in MS-Word

2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

In order for a quotation to be considered, you must submit the following:

1. Package One-Technical proposal.

2. Package two -Cost proposal as per pricing table.

3. DBA Insurance cost estimate.

Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102.

Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, Jeff Blythe

Contracting Officer mailto:BanjulGSO@state.gov mailto:BanjulGSO@state.gov https://www.sam.gov/

Statement of Work for the Renovation of the Health Unit Building

US Embassy Banjul, The Gambia

SECTION 1. INTRODUCTION:

The US Embassy in Banjul, The Gambia, requires a qualified contractor to renovate the Embassy’s

Health Unit building located at the Embassy compound, Kairaba Avenue, Fajara. The selected contractor shall provide all tools, equipment, material, and skilled labor capable of performing the needed improvements in a professional manner.

The US Government will pay the Contractor a firm fixed price for standard services that have been satisfactorily performed.

Defense Base Act (DBA) Insurance

DBA Insurance is REQUIRED for all US government contractors and subcontractors for their employees when working overseas /US territories.

The offeror shall include Defense Base act (DBA) insurance premium costs covering employees.

The offeror may obtain DBA insurance directly from any Department of labor approved providers at the DOL website at Http://www.dol.gov/owcp/dlhwc/lscarrier.html

SECTION 2. GENERAL SCOPE AND SUGGESTED PROCEDURES:

The building serves as a medical facility for the Embassy. It has installed lifesaving medical equipment, furniture, electrical, and telecom equipment and installation. Structural defects have developed on the building. This requires an urgent repair to prevent further deterioration and to keep it in a good state of repair. Given the sensitive nature of the facility, adequate caution and attention is needed in other to ensure no damage is caused to the property. The selected vendor shall have adequate support staff to move furniture and installed equipment during the renovation.

The Contractor shall provide needed improvements as follows:

A. Provide structural underpinning to the foundation and reinforce existing column(s)

1. Before commencing the repair work, the Contractor is to check for any services that could be damaged by the underpinning work. These include water, electricity, telecom, and sewage lines around the building.

2. Inspect all columns at the four corners of the building. Reinforce the existing columns at corners where underpinning is to be carried out. If no columns exist, introduce new reinforced columns to support the building. (to be determined onsite and treated as contingency)

3. Contractor shall provide temporary shoring to the existing structure where underpinning works are to be carried out to ensure structural stability before commencing the excavation.

http://www.dol.gov/owcp/dlhwc/lscarrier.html

4. The Contractor shall be responsible for ensuring that operations do not in any way impair the safety or condition of the building both before and during the execution of the work and immediately inform the Contracting Officer’s Representative, OR if he/she considers that more stringent procedures than those specified are necessary.

5. Excavate foundation trench not exceeding 1.00m deep in where underpinning works are to be carried out.

6. The bottoms of the foundation and columns shall be reinforced with 16mm diameter steel rebar and shall be inspected and approved by the COR before concrete is poured.

7. Excavation and concreting of any section of underpinning shall be carried out on the same day.

8. Inspect the concrete roof and provide needed masonry repairs-where necessary.

B. Interior and Exterior Fit out:

1. Remove and store furniture and equipment as directed by the COR.

2. Repair cracks in and out of existing masonry walls, ceiling and make good all surfaces.

3. Replace existing floor tile with approved tile. Estimated floor area is 60sqm.

4. Replace existing hinged exterior windows with aluminum sliding glazed windows. Note that security grills are to remain in place.

5. Replace existing front door and frame with stainless steel security door. Additional guidance to be provided during the walkthrough.

6. Replace exterior bathroom door and frame with steel door- stainless steel or equivalent weather-proof type door and frame. Door measurement shall remain same.

7. Renovate toilets- indoor and outdoor as follows:

i. Carefully remove existing wall tiles, floor tiles and all bathroom accessories including wash hand basin, towel rails, and toilet roll holder.

ii. Provide and lay approved ceramic wall and floor tiles.

iii. Provide and install new water closet, handwash basin with pedestal, hand towel and toilet roll holder as existing.

iv. Ensure that all plumbing lines are restored and safely connected to the septic system.

C. Paint the exterior and interior of walls, grills, and re-install furniture and equipment removed to original position or as directed:

1. Properly prepare all wall surfaces by scraping to remove all flaking old paint on all walls, doors, metal surfaces. Provide drop cloth to prevent dripping of paint on the floor.

2. Apply Putty filler to areas requiring leveling and sand smooth.

3. Fill small holes, hairline cracks and all damage on walls with the appropriate chemicals.

4. Prime and apply 2-3 coats of white acrylic emulsion paint (Coral Paint similar approved paint preferred) on walls.

5. Prepare, prime and paint grills and metal doors.

6. Once all repairs are completed, re-install all furniture and equipment removed from site.

i. Technical Specifications for Painting Work

Material Storage: The Contractor shall store materials not in use in tightly covered containers in a well-ventilated area at a minimum ambient temperature. The Contractor shall protect materials from contaminants and keep storage area neat and orderly. Contractor shall remove oily rags and waste daily.

Project Conditions: The Contractor shall not apply paint to damp or wet surfaces. The Contractor shall apply paint only in temperatures that comply with the manufacturer’s specifications.

Material inspection: The paints and mixings will be inspected for compliance with requirements and the Contractor shall correct any discrepancies following the paints’ manufacturer recommendations and shall not begin application until unsatisfactory conditions have been corrected.

Preparation: The Contractor shall remove hardware and hardware accessories, plates, light fixtures, and items in place that are not to be painted, or provide protection such as taping, covers, plastic sheathing, drop cloths and any other protective materials as needed so as to protect all surfaces prior to surface preparation and painting. (Taping includes windows, door jams, floors, furniture, ceilings, cabinets and any area not slotted to be painted, etc.)

The Contractor shall clean and prepare surfaces to be painted following the manufacturer’s instructions before applying paint or surface treatments. This preparation includes cracks’ repair, removal of oil, dust, direct, loose rust, mildew, peeling paint or other contamination to ensure good adhesion. The Contractor is requested to remove all existing coats of paint and sealers by using a

Karcher pressure washer at least 200bars (2900psi) rated for any areas. All surfaces must be clean and dry. The Contractor shall schedule cleaning and painting so dust and other contaminants will not fall on wet, newly painted surfaces.

The Contractor shall notify the Building Engineer of problems anticipated for any minor preparatory work required, such as but not limited to cleaning surfaces to be painted and priming any requisite areas. Plan preparatory work as most units in residential areas will have nail holes or areas that will need to be primed or sealed.

Materials Preparation: The Contractor shall mix and prepare paint following the manufacturer’s directions.

Application: The Contractor shall apply paint following the manufacturer’s directions. Use applicators and techniques best suited for substrate and type of material being applied. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film.

The Contractor shall sand between applications where required to produce a smooth, even surface prior primer application. All areas will need to be primed by following the manufacturer’s recommendations. The number of coats and film thickness required will be at least two (02) coats.

The Contractor shall not apply succeeding coats until previous coat has cured. The Contractor shall sand between applications where required to produce a smooth, even surface.

The Contractor shall apply additional coats when undercoats or other conditions show through final coat, until paint film is of uniform finish, color, and appearance.

Scheduling Painting: The Contractor shall apply the first coat to surfaces that have been cleaned, pretreated or otherwise prepared for painting as soon as practicable, and before subsequent surface deterioration. Allow sufficient time between successive coats to permit proper drying. Do not recoat until paint has dried.

Minimum Coating Thickness: The Contractor shall apply materials at the manufacturer’s recommended spreading rate. The Contractor shall provide a total dry film thickness of the system as recommended by the manufacturer.

Upon completion of painting, the Contractor shall clean the glass and paint-spattered surfaces.

The Contractor shall remove spattered paint by washing, scraping or other proper methods, and using care not to scratch or damage adjacent finished surfaces. The Contractor shall remove temporary protective wrappings after completion of painting operations in each space or area, and shall reinstall items removed when final coat is thoroughly dry.

Curing: Protect from moisture for 24 hours.

ii. Quality Assurance

Before paint’s application, the US Embassy Quality Control will inspect all preparatory work required such as crack’s repair, cleaning surfaces. Upon completion of the works, inspection will be conducted by the US Embassy Quality Control to review the specification above and especially paints’ adhesion by using Karcher pressure washer for the testing.

D. Supply and spread white cockle shells at around the building and areas affected by the renovation to match the existing.

Ensure that shells are evenly spread across the entire area and that no gaps are left out that could pose trip hazards.

SECTION 3. GENERAL REQUIREMENTS:

3.1 Administration

1) The Contracting Officer, CO, has the authority to issue a temporary stop order during the execution of any phase of this project. This authority may be executed when the Embassy requires time for official functions or is in possession of specific credible information indicating that the lives of Embassy personnel are immediately threatened, and that the execution of the project will increase the Embassy's vulnerability. The Contractor shall promptly notify the

Contracting Officer, CO, that work has been stopped.

2) If any of the Contractor’s services do not conform to the contract requirements, the Contracting

Officer’s Representative, COR, may require the Contractor to perform the services again, in conformity with the contract requirements. The Embassy may by contract or otherwise, perform the services and charge the Contractor any cost incurred by the Embassy that is directly related to the performance of such service or terminate the contract for default.

3) Damages: Contractor will be responsible for protecting grounds, utilities, buildings, and all properties at their disposal while working on the compound. Any damages resulting from the contractor’s negligence, and restoration of such damages will be expected to occur within 5 calendar days at the contractor’s own expense.

4) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all drawings, specifications, construction, and other services furnished under this contract in accordance with international building code.

5) The Contractor shall assign a Supervisor to represent the Contractor and to manage the performance of work at site.

6) The Supervisor shall have adequate English language skills to be able to communicate with CO and COR.

7) The Contractor shall carryout all requested activities described in the SOW and in case

Contractor outsourced portion of the activities to a sub-contractor; the Contractor shall bear full responsibility and management control for the subcontracted services and shall not depute the sub-contractor to represent the Contractor in dealings with the Embassy.

3.2 Security Clearance

1) Contractor’s staff are subject to such restriction(s) for entry and exit of US Embassy’s property as directed by the Regional Security Officer, RSO.

2) The Contractor shall inform and provide in writing transportation details (vehicle registration number, drivers name, and date of delivery) to the Contracting Officer’s Representative at least 24 hours in advance for material deliveries.

3) Contractor shall give workers names at least 3 days in advance to get the security clearance. All the workers shall have an official photo ID or photo ID with the company name on it.

3.3 Safety Requirements:

a. Contractor is responsible for all aspects of safety and shall ensure continued management and implementation of a safety and health program throughout the project.

b. Contractor will provide the necessary protective clothing, safety strap for working on high level, for his/her employees and will enforce all safety/accident prevention regulations as matters.

c. The Contracting Officer and the Post Occupational Safety and Health Officer [POSHO] reserve the right to suspend work when and where the Contractor's safety and health program is inadequate or in a non-complying manner.

d. Work will be stopped in case the proper protection equipment is not found with the workers and the lapse of time shall be at the Contractor’s expense.

e. Contractor will not leave the work site in an unsafe condition or any other condition that might cause injury to personnel, damage to existing work, plants, or equipment.

3.4 Finishing and Site Clearing:

a) At the end of each workday, the Contractor shall be responsible for cleaning the site and all grounds that it has occupied, of all rubbish, debris, etc. All parts of the work site shall be left in a neat, orderly, and presentable condition.

b) All debris, garbage, and tools must be removed from the work site at the completion of the project and properly disposed of from the site. The removal and disposal of debris shall be the responsibility of the Contractor.

c) No debris will be allowed to remain in or on the compound at any time.

SECTION 4. PERIOD OF PERFORMANCE:

a. The selected vendor has up to 45 calendar days following the notice to proceed to complete this project. The Contractor shall complete all services and clean up the sites within the stipulated period. No delays will be allowed.

b. Work must not be commenced until a Notice to Proceed (via e-mail or letter) is issued to the contractor by the Contracting Officer.

Pricing Table

S/n Description Qty Material

Unit Cost

Labor

Unit Cost

Total Price in Gambia dalasi

A Structural underpinning to the foundation and reinforce existing column(s)

1 lot

B Interior and Exterior Fit out 1 lot

C Paint the exterior and interior of walls, grills, and re-install furniture and equipment removed to original position or as directed.

1 lot

D Supply and spread white cockle shells at around the building and areas affected by the renovation to match the existing.

1 lot

E Making good all affected areas, remove debris

1 lot

F Estimated DBA Insurance * 1 lot

SECTION 5. EVALUATION FACTORS FOR AWARD:

Proposals will be evaluated in two phases: a technical evaluation to determine the acceptability of the offer to the solicitation scope of work technical requirements; and a price evaluation to determine the total evaluated price proposed by each offeror.

Proposals must provide clear and adequate responses to each of the following criterion:

a) A clearly brief stated work method statement specific for this project.

b) The offeror shall include a notarized copy of the most current license/certificate/-accreditation, which demonstrates that the offeror is licensed/certified/accredited or otherwise authorized by the Government of Gambia or its agent to operate business in

Gambia.

c) Proof of financial capability to undertake this project and the capacity to accomplish the work in the required project duration.

d) Three (3) years of past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules.

e) The POC/Supervisor shall have adequate English language skills

f) Detailed work schedule

A. CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE

AGREEMENTS AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

(Current thru FAC 2022-05, effective 03/2022)

COMMERCIAL ITEMS

52.2522 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This purchase order or BPA incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: Acquisition.gov this address is subject to change.

DOSAR clauses may be accessed at: https://acquisition.gov/dosar

FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:

NUMBER TITLE DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.204-9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY

CODE REPORTING

AUG 2020

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY

CODE MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL ITEMS

NOV 2021

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-

DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS

AUG 2018

52.225-19 CONTRACTOR PERSONNEL IN A DIPLOMATIC

OR CONSULAR MISSION OUTSIDE THE UNITED

STATES

MAY 2020

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE

DEC 2007

52.228-3 WORKERS’COMPENSATION INSURANCE

JUL 2014

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD

INSURANCE

APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS

JAN 2022

https://acquisition.gov/browse/index/far https://acquisition.gov/dosar

52.246-26 REPORTING NONCONFORMING ITEMS

NOV 2021

The following clauses are provided in full text:

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 or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services , or any equipment , system, or service that uses covered telecommunications equipment or services " in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions . As used in this provision—

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

(b) Prohibition.

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

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August

13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 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— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

(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) Representation. 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

(NOV 2021)

(a) Definitions . As used in this clause—

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

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

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

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

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National

Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country .

Critical technology means–

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

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part

774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

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

or

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

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

(4) Nuclear facilities, equipment , and material covered by part 110 of title 10, Code of

Federal Regulations (relating to export and import of nuclear equipment and material );

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

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

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

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment , system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 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 .

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(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 products or commercial services.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and “reasonable inquiry” have 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) Representations. (1) 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL

ITEMS (NOV 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(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 .

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror , or that owns or controls one or more entities that control an immediate owner of the offeror . No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror , that has direct control of the offeror . Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment , and the common use of employees.

Inverted domestic corporation , means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-

9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials ;

(2) Product or Service Group (PSG) 87, Agricultural Supplies ;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials ;

(6) PSC 9430, Miscellaneous Crude Animal Products , Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products ;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials .

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture .

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor .

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment , as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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(3) Consist of providing goods or services to marginalized populations of Sudan ;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology "—

Sensitive technology —

(1) Means hardware, software, telecommunications equipment , or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the

President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern —

(1) Means a small business concern —

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern —

(1) Means a concern, including its affiliates , that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation .

(2) Affiliates , as used in this definition , means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR

121.103.

Small disadvantaged business concern , consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition , that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR

124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States ; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

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(2) The management and daily business operations of which are controlled (as defined at

13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition .

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor " does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern —

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States .

Women-owned small business concern means a small business concern —

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information , the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation ), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer .

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] http://www.sam.gov/ https://www.acquisition.gov/far/part-4#FAR_4_1201

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas . Check all that apply.

(1) Small business concern . The offeror represents as part of its offer that it □ is, □ is not a small business concern .

(2) Veteran-owned small business concern . [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small…