Solicitation - W911XK25QA005.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Created On:

04 Feb 2025, 12:45 PM Central Standard Time

Solicitation/Contract Form Continuation

Lead Paint Removal - Sault St. Marie

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

1. INTENT

The intent of this Request for Quotation (RFQ) is to award one (1) Firm-Fixed Price Service Contract for the abatement and disposal of lead paint and for air sampling in Sault St. Marie, MI.

2. BASIS OF AWARD

Award will be made to the Lowest Priced Offeror that meets the requirements as laid out in this RFQ and is determined to be responsible by the Contracting Officer.

3. GENERAL

a. This procurement is being competed unrestricted. It is being procured as Firm-Fixed Price (FFP) under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Products and Commercial Services and FAR Part 13 Simplified Acquisition Procedures.

b. The associated North American Industry Classification System (NAICS) Code is 562910 which has a small business size standard of $25 million in average annual receipts. Please note: the business size in SAM is determined by the NAICS code. If the vendor size is not listed correctly for a particular NAICS code in SAM, the business will be considered other than a small business.

c. The offerors are reminded to complete all FAR and DFARS provisions related to Representations and Certifications. An offeror may complete the certifications at https://www.sam.gov in lieu of completing and submitting the representations and certifications contained in this solicitation provided that all FAR and DFARS certifications contained in the solicitation has been completed online.

d. Remember to fill in and sign the Standard Form (SF) 1449 from the front of the Solicitation, before submission.

e. Customary commercial practices for warranty requirements are applicable for this acquisition.

f. Offerors are advised that this requirement may be delayed, cancelled, or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process.

g. NOTICE TO POTENTIAL BIDDERS/OFFERORS: In accordance with DFARS 204.7302, Contractors and subcontractors are required to provide adequate security on all covered contractor information systems.

Contractors are required to implement National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 by inclusion of clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber incident Reporting, are required at time of award to have at least a Basic NIST SP 800-171 DoD Assessment that is current (i.e., not more than 3 years old unless a lesser time is specified in the solicitation).

SPRS provides storage and access to the NIST SP 800-171 assessment scoring information. To access the NIST SP 800-171 Assessments module, users must be registered in the Procurement Integrated Enterprise Environment (PIEE) https://piee.eb.mil/ and be approved for access to Supplier Performance Risk System (SPRS).

The NIST SP 800-171 DoD Assessment Methodology is located at: https://www.acq.osd.mil/asda/dpc/cp/cyber/safeguarding.html#nistSP800171 Vendor Help and Training Tutorials are available at SPRS - NIST SP 800-171 (disa.mil)

4. REGISTRAION IN SAM

a. The System for Award Management (SAM) is the Government's online database of federal contractors. Contractors self-register in SAM at the website www.sam.gov. Registration is free to all users.

b. Effective September 26, 2018, and in accordance with FAR Provision 52.204-7 SYSTEM FOR AWARD MANAGEMENT, "An Offeror is required to be registered in SAM.gov when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic performance, basic ordering agreement, or blanket purchasing agreement resulting from this Solicitation." Vendors are highly encouraged to check their registration status and plan accordingly prior to submitting a quote.

c. Please note: SAM requires new and updated accounts to be accompanied by a notarized letter appointing the authorized Entity Administrator for their SAM account(s). Acceptance of the letter and subsequent approval of SAM registration can take up to two months. Offerors who are not currently registered in SAM are encouraged to start the registration process as soon as possible to ensure it is complete prior to any quote submission.

In addition, ensure your SAM account indicates your firm is eligible for "All Awards".

d. See FAR Provision 52.204-7 for more information.

W911XK25QA005

5. REQUESTS FOR INFORMATION

Questions/Inquiries. All questions pertaining to this requirement shall be submitted in writing no later than fifteen (15) calendar days prior to quotation due date and time indicated for receipt of offers in Box 8 of the SF 1449. The offeror shall put the solicitation number located in Block 5 of the SF 1449 followed by QUESTIONS in the subject line of the email. All questions received after the above date and time may not be answered.

Questions shall be submitted to Sally Artz, Contract Specialist at sally.artz@usace.army.mil, Stephanie Craig Contracting Officer at stephanie.m.

craig@usace.army.mil, and LRE-proposal@usace.army.mil.

Once all inquiries are compiled and addressed, the questions and answers will be posted as an update to the solicitation. Questions and answers changing the requirement will be generated as an amendment and posted as an update to the solicitation for all interested parties to view/acknowledge to be sent in with their submission prior to the closing date. If additional time is needed for submission, an extension will be executed via an amendment.

6. SUBMISSION OF QUOTES

a. GENERAL QUOTE SUBMISSION REQUIREMENTS. ELECTRONIC QUOTES. In an effort to reduce paperwork and costs, ALL RESPONSES TO THIS ANNOUNCEMENT SHALL BE SUBMITTED ELECTRONICALLY. Hand carried delivery or USPS/UPS/FedEx delivery of hard copies and/or CD-ROMs are not authorized. Facsimile submission is not authorized. Submit all documents to the following via email:

Contracting Officer, Stephanie Craig at stephanie.m.craig@usace.army.mil Contract Specialist, Sally Artz at sally.artz@usace.army.mil LRE Contracting Mailbox at LRE-proposal@usace.army.mil

b. It is the Offeror's responsibility to obtain written confirmation of receipt of all electronic files by the Contracting office. Include the Solicitation No.

W911XK25QA005 in the email subject line. Please note: Attachments over 25MB may not transmit through email and larger attachments may take additional time to transmit.

c. At a minimum, the quote shall include a complete, signed SF 1449 and complete Pricing Schedule. Each Contract Line Item Number (CLIN) included in the Pricing Schedule shall include all costs associated with the requirement under each CLIN. Failure to submit a complete Pricing Schedule will determine the quote to be non-responsive.

d. Quotes shall be received by the date and time as indicated in this RFQ.

e. Failure to include all required information may cause the quote to be considered non-responsive and not considered further for award.

f. Failure to comply with the included instructions may result in an offeror not being eligible for award.

g. RECEIPT OF SUBMISSIONS: For the purposes of establishing whether a quote submission is considered timely, the government considers the date and time the submission is received by the Government. Do not assume that electronic communication is instantaneous. Submissions after the deadline will be considered "late" and will be processed in accordance with FAR 15.208.

7. AMENDMENTS

Acknowledgement of each amendment must be made by returning a signed copy of the amendment by the time set for receipt of quotes to the personnel identified in 5 and 6 above. Oral explanations or instructions given in a form other than an amendment to the solicitation shall not be binding. For security reasons; all potential Offerors, plan rooms and printing companies are required to register in SAM at www.sam.gov.

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Pricing Schedule

Task Description Unit of Measure Total Price

Task 1 Lead-Containing Paint Removal Oversight and Air Monitoring 1 Job $

Task 2 Lead-Containing Paint Removal and Disposal 1 Job $

Grand Total $

Continuation of Description

Scope of Work

Lead PaintAbatement

Sault Sainte MarieProject Office

The Government requires Professional Industrial HygieneServices for the Abatement and Disposal of lead paint on the mooring buttonsand three doors in the New Power Plant Building located at the St Marys FallsCanal 312 W. Portage Street, Sault Sainte Marie, MI 49783.

Period of Performance:

The period of performance is estimated at 15 weeks. The contractor shall invoice servicesprovided at completion.

Scope of Service:

Task 1 Lead-Containing Paint Removal Oversight and AirMonitoring

To ensure compliance with applicable regulations andcontract requirements, contractor will provide oversight to ensure the work meets technicaland administrative requirements of the contract. Contractor will provideon-site observation, including inspection of the work area. Inspection willinclude inspection of the scaffolding daily, review of the abatement site andsetup, critical barriers, decontamination units, waste disposal loadout, andother abatement-associated appurtenances. In addition, contractor will observefield activities to ensure work is performed in accordance with Federal andState of Michigan regulations as well as EM-385. All contractor fieldwork willbe performed by personnel with professional expertise, experience, and theauthority to make decisions in the field. USACE may direct contractors order ofabatement when it could affect shipping traffic.

This effort will also include the development of workprogress documentation and observation of general work practices. Routinecontractor questions and concerns will be resolved by COR, with KTO assistanceon an as-needed basis. Contractor will draft bulletins if deemed necessary toaddress questions or provide clarifications during abatement. Implementation ofthis task will provide daily controls to maintain the project schedule andensure effective communication between all interested parties.

Contractor will provide personal and perimeter air samplingfor lead analysis during paint abatement activities. Contractor will collect air samplesutilizing appropriate procedures and protocols in accordance with applicableregulations, specifically Part 603-Lead Exposure in Construction. The samplingprogram will be designed and administered by accredited personnel licensed inthe State of Michigan. Upon collection, all samples will be analyzed on-siteutilizing NIOSH 7300 techniques.

At the completion ofabatement work, contractor will perform a visual clearance in accordance withapplicable regulations and established standards.

Upon completion of the visualclearance and air monitoring, contractor will provide written verification ofthe completion of abatement and clearance of the abatement area. Thisverification document will clear the contractor to proceed to the next workarea. Contractor will provide the following reports in electronic format:

- Inspection Report

- Perimeter Air Monitoring Forms

- Clearance letter verifying completion ofabatement and clearance of project areas

Task 2: Lead-Containing Paint Removal and Disposal-MooringButtons

The contractor, with direction from the Government, willdevelop a plan to remove lead-containing paint from 89 mooring buttons duringseveral mobilizations. There are 19 South MacArthur Chamber buttons, 32 NorthPoe Chamber buttons, and 38 buttons around the boat basin. Period of Performance will be approximately 12weeks to complete abatement and develop final clearance documentation. Contractorwill use sponge blasting and/or needle gun abatement techniques. USACE willprovide in house air supply for contractors' equipment. If the work schedulerequires work to be performed when temperatures are below freezing, USACE willprovide heated environmental enclosures to facilitate cold-weather workactivities.

Contractor will reviewavailable project documentation and prepare waste characterization packages forsubmittal to an appropriate landfill. Upon receipt of approval for disposal fromthe landfill, contractor will notify USACE and prepare the manifests toaccompany each shipment of material.

Task 3: Metals-Containing Paint Removal and Preparationfor Disposal - Inspection Doors NPP

The paint should be removed from the three inspection doorsusing HEPA filtered vacuum equipped needle scale equipment. Period ofperformance for this will be approximately 3 weeks to complete abatement anddevelop final clearance documentation. Thismethod will remove the paint from metal surfaces while controlling dust andcapturing paint waste materials. Critical barriers and appropriate hazardwarning signs shall be placed to establish isolation work zones during all workactivities where paint is being disturbed. Paint waste will be collected and disposedof at an appropriate landfill and documentation provided to USACE. Contractor will review available projectdocumentation and prepare waste characterization packages for submittal to anappropriate landfill. Upon receipt of approval for disposal from the landfill, contractorwill notify USACE and prepare the manifests to accompany each shipment ofmaterial.

Site Access:

The site is gated and locked. The contractor shall access the Power Plant after0630 and depart by 1500, Monday through Friday, excluding the observed FederalHolidays of New Year's Day, Martin Luther King, Jr. Day, Washington's Birthday,Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans'Day, Thanksgiving, and Christmas Day.

Invoicing:

The Contractor shall submit invoices for services renderedto the Contract Officer's Representative, Stacey Swanson.

Security:

General security requirements and guidance: Thesecurity requirements described below apply to all contract personnel(including employees of the prime Contractor ("Contractor") and allsubcontractor employees) supporting the performance requirements of thiscontract. The Contractor is responsible for compliance with these securityrequirements. Questions regarding security matters shall be addressed to thedesignated Government representative (e.g., Contracting Officer Representative(COR), Requiring Activity (RA) representative, or Contracting Officer (if a CORor other RA representative is not appointed)). Contract personnel are criticalto the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness trainingcontributes to those efforts. The Department of Defense (DoD) and Army securitytraining requirements specified below, if applicable, are performancerequirements; all applicable contract personnel shall complete initial trainingwithin 30 days of contract award or the date new contract personnel beginperformance on the contract. Within five business days from the completion oftraining, the Contractor shall provide written documentation (e.g., email ormemorandum) to the Government representative. The documentation shall includethe names of contract personnel trained and which training they completed; theContractor shall maintain training records as part of their contract files andbe prepared to provide copies of training certificates to the Governmentrepresentative. Contractor personnel and vehicles are subject to search whenentering federal installations. Additionally, all contract personnel shallcomply with Force Protection Condition (FPCON) measures, Random AntiterrorismMeasures (commonly referred to as "RAMs"), and Health Protection Condition(HPCON) measures. The Contractor is responsible for meeting performancerequirements during elevated FPCON and/or HPCON levels in accordance withapplicable RA plans and procedures --this includes identifying missionessential and non-mission essential personnel. In addition to the changesotherwise authorized by the changes clause of this contract, should the FPCONor HPCON levels at any individual facility or installation change, theGovernment may implement security changes that affect contract personnel. TheContractor shall ensure all contract personnel are aware of their securityresponsibilities, including any site-specific requirements identified in localpolicies or procedures.

Physical security and access control requirements: Allcontract personnel requiring physical access to a federal installation orfacility shall comply with the access control procedures of that location.Contract personnel requiring unescorted access to meet contract performancerequirements on a DoD installation in the US shall be vetted by theinstallation/facility Provost Marshal/Directorate of EmergencyServices/Security Office using the National Crime Information Center-InterstateIdentification Index (commonly referred to as "NCIC-III") and TerroristScreening Database (commonly referred to as "TSDB"). Contract personnel shallcomply with all personal identity verification requirements specified ininstallation/facility policies and procedures. Contract personnel who do notmeet requirements for unescorted access to USACE facilities shall coordinateescorted access with the Government representative, as needed. Contractpersonnel who receive keys, access cards, or lock combinations that provideaccess to government-owned property shall comply with key and lock controlprocedures of the RA.

Suspicious Activity Reporting training (e.g. iWATCH,CorpsWatch, or See Something, Say Something): All contract personnel shallreceive initial and annual refresher training from the RA representative on thelocal suspicious activity reporting program. This locally developed trainingprovides contract personnel with general information on suspicious behavior,and guidance on reporting suspicious activity to the project manager, securityrepresentative or law enforcement entity.

Escorting in classified and/or sensitive areas: Inaccordance with applicable regulations, all contract personnel who do notpossess the appropriate security clearance or access privileges will beescorted in areas where they may be exposed to classified information oroperations, sensitive information or activities, or restricted areas.

Pre-screen candidates using E-Verify Program:Contractors shall comply with the requirements set forth in FAR clause52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in usingthe E-Verify Program at (https://www.e-verify.gov/) (website subject to change)to meet the contract employment eligibility requirements. Contractors areencouraged to cooperate with Federal and State agencies responsible forenforcing labor requirements to include eligibility for employment under UnitedStates immigration laws in accordance with FAR 22.102-1(i). An initial list ofverified /eligible candidates shall be provided to the COR no later than threebusiness days after the initial contract award. When contracts are withindividuals, the individuals will be required to complete a Form I-9,Employment Eligibility Verification, and submit it to the Contracting Officerto become part of the official contract file.

The Sault Ste. Marie Project Site Access Instructions for Contractors(attached) are applicable for the purposes of this contract action, whenrequired.

Requirements Scope of Work

Continuation of Deliveries or Performance

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

Jun 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

(DEVIATION 2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

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

(Jan 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (Jan 2017) of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)

(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(Aug 1996)

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(Oct 2004)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 4655).(Jun 2020), Alternate I (Nov 2021)

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(Nov 2021)

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (Jun 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

X(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(Jun 2020)

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)

(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(Oct 2016)

X(9) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)

(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi- Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

(ii) Alternate I of 52.204-30.(Dec 2023)

X(12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov (31 U.S.C. 6101 note).2021)

(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(Oct 2018)

(14) [Reserved].

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).Oct 2022

X(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the Oct 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserved]

(18)

(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

(ii) Alternate I of 52.219-6.(Mar 2020)

(19)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)

(ii) Alternate I of 52.219-7.(Mar 2020)

(20) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).Feb 2024

(21)

(i) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).Sep 2023

(ii) Alternate I of 52.219-9.(Nov 2016)

(iii) Alternate II of 52.219-9.(Nov 2016)

(iv) Alternate III of 52.219-9.(Jun 2020)

(v) Alternate IV ( ) of 52.219-9.Sep 2023

(22)

(i) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)

(ii) Alternate I of 52.219-13.(Mar 2020)

(23) 52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 657s).Oct 2022

(24) 52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(Sep 2021)

(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024

(26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).Feb 2024

X(ii) Alternate I of 52.219-28.(Mar 2020)

(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( ) Oct 2022 (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(Mar 2020)

(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

X(31) 52.222-3, Convict Labor (E.O.11755).(Jun 2003)

(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies .(Feb 2024)

X(33) 52.222-21, Prohibition of Segregated Facilities .(Apr 2015)

(34)

X(i) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2016)

(ii) Alternate I of 52.222-26.(Feb 1999)

(35)

(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)

(ii) Alternate I of 52.222-35.(Jul 2014)

(36)

X(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)

(ii) Alternate I of 52.222-36.(Jul 2014)

(37) 52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).Jun 2020

(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(Dec 2010)

(39)

X(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)

(ii) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)

(40) 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (May 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(May 2008)

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(May 2024) et seq.

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(May 2024) et seq.

(44) 52.223-20, Aerosols (42 U.S.C. 7671, ).(May 2024) et seq.

(45) 52.223-21, Foams (42 U.S.C. 7671, ).(May 2024) et seq.

X(46) 52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).(May 2024)

(47)

(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(Jan 2017)

(ii) Alternate I of 52.224-3.(Jan 2017)

(48)

(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)

(ii) Alternate I of 52.225-1.(Oct 2022)

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I [Reserved].

(iii) Alternate II of 52.225-3. (Jan 2025)

(iv) Alternate III of 52.225-3.(Feb 2024)

(v) Alternate IV (Oct 2022) of 52.225-3.

(50) 52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(NOV 2023) et seq

X(51) 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (Feb 2021) Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).(Nov 2007)

X(55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(May 2024)

(56) 52.229-12, Tax on Certain Foreign Procurements .(Feb 2021)

(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(Nov 2021)

X(59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(Oct2018)

(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (31 U.S.C. 3332).(May 2014)

(62) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(Aug 1996)

X(63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)

(64) 52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(Jan 2017)

(65)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)

(ii) Alternate I of 52.247-64.(Apr 2003)

(iii) Alternate II of 52.247-64.(Nov 2021)

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

X(1) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(Aug 2018)

X(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(May 2014)

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.

C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

X(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)

X(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (49 U.S.C. 40118(g)).(Jan 2025)

(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(Nov 2021)

(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(Nov 2023)

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(Jun 2023)

(vii)

(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

(B) Alternate I of 52.204-30.(Dec 2023)

(viii) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting Feb 2024 opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities .(Apr 2015)

(x) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2016)

(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)

(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(Jun 2020)

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(Aug 2018)

(xvi)

(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(Nov 2021)

(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(May 2022)

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)

(xxii)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I of 52.224-3.(Jan 2017)

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (Jun 2020) paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).(Nov 2024)

(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down (Nov 2021) required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Addendum to Contract Clauses

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2024-O0014)

Aug 2024 Deviation 2024-O0014 Aug 2024

252.201-7000 Contracting Officer's Representative. Dec 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023

FAR Clauses Incorporated by Full Text

52.252-2 Clauses Incorporated by Reference. (Feb 1998)

This contract incorporates one or more 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/these address(es):

The full text of FAR clauses and provisions can be found at . The full text of DFARS clauses and provisions can be https://www.acquisition.gov/ found at .https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of clause)

52.252-6 Authorized Deviations in Clauses. (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized (b) deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

W911XK25QA005

https://www.acquisition.gov/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

List of Contract Documents, Exhibits, or Attachments

SERVICE CONTRACT LABOR STANDARDS (FORMERLY SERVICE CONTRACT ACT (SCA) WAGE RATES) WAGE

DETERMINATION APPLICATION

Solicitation No. W911XK25QA005

Project: FY25 Lead Paint Removal

Location & County: Sault St. Marie, MI

1. Current SCA Wage Rate Requirements, 2015-4871, Revision No. 28, dated 12/23/2024 will be applicable to the service activities performed for this project. Current SCA wage determination available at https://sam.gov/wage-determination/2015-4871/28.

Number Attachment Name

Attachment Description Reference Identifier Date Line Item

# Of Pages

Statement of Work

Statement of Work 26 Nov

Solicitation Provisions

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-16 Commercial and Government Entity Code Reporting. Aug 2020 52.204-7 System for Award Management. Nov 2024 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. Sep 2023

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation. Dec 2019

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.

Jun 2023

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. Oct 2016

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

May 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

FAR Clauses Incorporated by 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) As used in this provision-Definitions.

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) The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities Procedures.

excluded from receiving federal awards for "covered…