SPRRA225Q0006 Signed Solicitation.pdf
PDF 109 KB Posted
- Attached to
- PANEL, INDICATOR
- Solicitation number
- SPRRA2-25-Q-0006
- Issued by
-
Defense Logistics Agency Aviation
About this file
This document is a Solicitation/Contract/Order for Commercial Items for the procurement of a PANEL, INDICATOR with the National Stock Number 5895-01-616-9929. The requirement is sole sourced to Anritsu Company (CAGE 0T1F7) under 10 U.S.C. 2304(c)(1) FAR 6.302-(a)(2) as only one responsible source and no other supplies or services will satisfy the agency requirements. The solicitation is issued by the Defense Logistics Agency Aviation and the required delivery is 240 days after contract award. This is a firm fixed price, one-time buy procurement. Accelerated delivery is encouraged and authorized at no additional cost to the government. The solicitation includes packaging, marking, inspection, acceptance, and delivery terms and conditions.
View the file
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
Offeror To Complete Block 12, 17, 23, 24, & 30
1. Requisition Number Page Of
2. Contract No. 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 Calls) 8. Offer Due Date/Local Time
9. Issued By Code 10. This Acquisition is Unrestricted OR Set Aside: % For:
Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program
Hubzone Small Business EDWOSB
Service-Disabled Veteran-Owned Small Business NAICS:
Email: 8(A) Size Standard:
11. Delivery For FOB Destination Unless Block Is Marked
12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating
See Schedule 14. Method Of Solicitation RFQ IFB RFP
15. Deliver To Code 16. Administered By Code
Telephone No.
17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code
Telephone No.
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 See Addendum
19.
Item No.
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 Govt. Use Only)
27a.Solicitation Incorporates By Reference FAR 52.212-1, 52.212-4. FAR 52.212-3 And 52.212-5 Are Attached. Addenda Are Are Not Attached.
27b.Contract/Purchase Order Incorporates By Reference FAR 52.212-4. FAR 52.212-5 Is Attached. Addenda Are Are Not Attached.
28. Contractor Is Required To Sign This Document And Return _________ 29. Award Of Contract: Ref. Offer 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.
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 31a. United States Of America (Signature Of Contracting Officer)
30b. Name And Title Of Signer (Type Or Print) 30c. Date Signed 31b. Name Of Contracting Officer (Type Or Print) 31c. Date Signed
Authorized For Local Reproduction Previous Edition Is Not Usable
Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212
SPRRA2-25-Q-0006 2024NOV01
KATHERINE BOOKER (256)690-7899
KATHERINE.BOOKER@DLA.MIL
2024DEC04 01:00pm
SPRRA2
DEFENSE LOGISTICS AGENCY
5201 MARTIN ROAD/DLA-AVN-AH
REDSTONE ARSENAL AL 35898-7340
336413
X DOA2
X
SEE SCHEDULE
SEE SCHEDULE
X X
X 1
1 40
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
32a. Quantity In Column 21 Has Been
Received Inspected Accepted, And Conforms To The Contract, Except As Noted: _________________________________________________
32b. Signature Of Authorized Government Representative 32c. Date 32d. Printed Name and Title of Authorized Government Representative
32e. Mailing Address of Authorized Government Representative 32f. Telephone Number of Authorized Government Representative
32g. E-Mail of Authorized Government Representative
33. Ship Number 34. Voucher Number 35. Amount Verified 36. Payment 37. Check Number Correct For Partial Final Complete Partial Final
38. S/R Account No. 39. S/R Voucher Number 40. Paid By
41a. I Certify This Account Is Correct And Proper For Payment 42a. Received By (Print) 41b. Signature And Title Of Certifying Officer 41c. Date 42b. Received At (Location)
42c. Date Rec’d (YY/MM/DD) 42d. Total Containers
Standard Form 1449 (Rev. 2/2012) Back
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SUPPLEMENTAL INFORMATION
Buyer Name: KATHERINE BOOKER
Buyer Office Symbol/Telephone Number: DLA-AVN-AHCB/(256)690-7899
Type of Contract 1: Firm Fixed Price
Kind of Contract: Supply Contracts and Priced Orders
Weapon System: Calibration
*** End of Narrative A0000 ***
A-1. THIS REQUIREMENT IS SOLE SOURCED TO ANRITSU COMPANY., CAGE 0T1F7. IAW 10 U.S.C. 2004(c)(1) FAR 6.302-(a)(2). ONLY ONE
RESPONSBILE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY AGENCY REQUIREMENTS. FULL AND OPEN COMPETITION NEED NOT BE PROVIDED
FOR.
A-2. THIS REQUIREMENT IS IN SUPPORT OF THE M-FQ CALIBRATION SYSTEM.
A-3. FLIGHT SAFETY/CRITICAL SAFETY ITEM (CSI) IS NOT REQUIRED
A-4. PRODUCTION LOT TESTING (PLT) IS NOT REQUIRED.
A-5. FIRST ARTICLE TEST (FAT) IS NOT REQUIRED.
A-6. SNRR MARKINGS ARE NOT REQUIRED.
A-7. TAMMS-A MARKINGS ARE NOT REQUIRED.
A-8. IUID MARKINGS ARE NOT REQUIRED.
A.9. RFID MARKINGS ARE NOT REQUIRED
A-10. ARMS EXPORT CONTROL NOT APPLICABLE
A-11. SERIAL NUMBERING IS NOT REQUIRED.
A-12. FIT CHECK IS NOT REQUIRED.
A-13. THIS IS A FIRM FIXED PRICE, ONE TIME BUY (OTB).
A-14. CONTRACTOR POINT OF CONTACT INFORMATION:
NAME: ___________________________________
TELEPHONE NUMBER: ___________________________________
E-MAIL ADDRESS: ________________________________________
A-15. DCMA ACO POINT OF CONTACT INFORMATION:
NAME: TBD
TELEPHONE NUMBER: TBD
E-MAIL ADDRESS: TBD
A-16. CONTRACT SPECIALIST POINT OF CONTACT INFORMATION:
NAME: KATHERINE BOOKER
OFFICE SYMBOL: DLA-AVN-AHCB
TELEPHONE NUMBER: 256-690-7899
E-MAIL ADDRESS: KATHERINE.BOOKER@DLA.MIL
A-17. FUNDS WILL BE OBLIGATED/CITED UPON ISSUANCE OF CONTRACT
A-18. ACCELERATED DELIVERY IS ENCOURAGED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT
A.19. REVERSE AUCTION EVALUATION IS NOT INCLUDED.
Certified Cost or Pricing Data:_______________________________
NOTICE: YOUR ATTENTION IS INVITED TO FEDERAL ACQUISITION REGULATION (FAR) 15.403-3, RELATIVE TO THE REQUIREMENTS FOR OBTAINING OTHER
THAN CERTIFIED COST OR PRICING DATA. THIS IS NOT CONSIDERED TO BE A SOLE SOURCE REQUIREMENT; THERFORE, YOU ARE REQUIRED TO SUBMIT OTHER
2 40
SPRRA2-25-Q-0006
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
THAN COST OR PRICING DATA, IF REQUESTED. OFFEROR MAY USE THEIR OWN FORMAT TO PROVIDE, AT A MINIMUM, A BREAKDOWN OF ALL THE COST ELEMENTS
TO INCLUDE PROFIT/FEE WHICH COMPRISE THE TOTAL PROPOSED PRICE OR SALES HISTORY. FAILURE TO PROVIDE OTHER THAN COST OR PRICING DATA WILL
RESULT IN YOUR OFFER BEING CONSIDERED NON-RESPONSIVE.
Long Lead Time and or Long Term Contracts_________________________________________
FOR LONG LEAD TIME ITEMS AND/OR LONG TERM CONTRACTS, THE PARTIES RECOGNIZE THERE IS A RISK THAT PART(S) OR COMPONENT(S) REQUIRED FOR
PERFORMANCE OF THE CONTRACT/PURCHASE ORDER MAY BECOME UNAVAILABLE DUE TO OBSOLESCENCE. UPON RECEIPT OF THE CONTRACT/PURCHASE ORDER, CONTRACTOR IS RESPONSIBLE FOR VERIFYING ITS SOURCES OF SUPPLY. IF AT ANY TIME DURING THE COURSE OF PERFORMANCE CONTRACTOR BECOMES AWARE
THAT IT IS UNABLE TO PROCURE A PART OR COMPONENT NECESSARY TO FULFILL THE REQUIREMENTS OF THE CONTRACT, THE CONTRACTOR SHALL NOTIFY THE
CONTRACTING OFFICER IN WRITING WITHIN THIRTY DAYS. NOTIFICATION SHALL INCLUDE CONTRACTORS RECOMMENDATION FOR CORRECTION OF THE PROBLEM, IF POSSIBLE, WITH ESTIMATED COST AND SCHEDULE IMPACT, IF ANY. THE CONTRACTING OFFICER WILL DETERMINE THE APPROPRIATE COURSE OF ACTION
AND PROVIDE DIRECTION TO THE CONTRACTOR. IN NO EVENT WILL CONTRACTOR PROCEED WITH IMPLEMENTATION OF ITS RECOMMENDATION WITHOUT WRITTEN
DIRECTION FROM THE CONTRACTING OFFICER. AT THE SOLE DISCRETION OF THE CONTRACTING OFFICER, THE CONTRACT MAY BE TERMINATED IN WHOLE OR IN
PART, AS APPROPRIATE.
Product Quality Deficiency Reports (PQDRs)
The Product Quality Deficiency Report Program (Army Regulation 702-7) will be used when contractors: 1) deliver deficient items or 2) receive deficient items from a DoD supply chain in support of Army requirements. When requested, the Contractor shall assist the cognizant Contract Administration Office in evaluating PQDRs and exhibits for defects reported on items manufactured under this contract to determine the root cause for deficiencies. Corrective action and Preventative Action to preclude recurrence of discrepancies shall be an integral part of the Contractors Quality Program. These defects may be reported from any DoD activity that discovers a defective item. \~
COMMERCIAL ITEMS ADDENDUM TO 52.212-4
52.212-4, Contract Terms and Conditions
Commercial Products and Commercial Services
ADDENDUM
The following clauses within this contract take precedence over the standard language and are considered an addendum to 52.212-4, Contract Terms and Conditions- Commercial Products and Commercial Services.
*** END OF NARRATIVE A0001 ***
3 40
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SUPPLIES OR SERVICES AND PRICES/COSTS
0001 PANEL,INDICATOR
NSN: 5895-01-616-9929
Mfr CAGE: 0T1F7
Mfr Part Number: 3-ND73883
0001AA Production Quantity 2 EA $ $ ___________________ ______________ __________________
COMMODITY NAME: PANEL,INDICATOR
CLIN CONTRACT TYPE:
Firm Fixed Price
PRON: D14T0098D1 PRON AMD: 01
Packaging and Marking _____________________
PACKAGING/PACKING/SPECIFICATIONS:
MIL STD 129 MARKINGS SHALL APPLY
UNIT PACK: 001 INTERMEDIATE PACK: 000
LEVEL PRESERVATION: Military
LEVEL PACKING: B
ALL WOOD PACKAGING MATERIAL (WPM) MUST BE ISPM-15
COMPLIANT
ESTIMATED MAXIMUM UNIT PACKAGE WEIGHT (POUNDS) AND
SIZE (INCHES):
WT [8.0]
LN [14.0]
WD [10.0]
DP [6.0]
THE FOLLOWING MIL-STD-2073-1 CODES, APPENDIX J SHALL
APPLY:
JI/A/MP [51] JII/CD [1]
JIII/PM [00]
JIV/WM [EC]
JV/CD [NA]
JVI/CT [B]
JVII/UC [ED]
JVII/IC [00]
JIX/A/PK [F]
JX/SM [03]
JVIIIA/OPI [M]
SUPPLEMENTAL INFORMATION:
N/A
(End of narrative D001)
4 40
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
Inspection and Acceptance _________________________
INSPECTION: Origin ACCEPTANCE: Origin
Deliveries or Performance _________________________
DOC SUPPL
REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____
001 W31G3H4185TD10 W25G1W J 2
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 2 0240
FOB POINT: Destination
SHIP TO:
(W25G1W) SR W1A8 DLA DIST-TOBYANNA
GIBBS AND FIFTH STREETS
WAREHOUSE 6 BAY 4
TOBYHANNA,PA,18466-5059
5 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CourierNew,B-1. APPROVED SOURCES.
___ANRITSU COMPANY (0T1F7)________________________________
MFG NAME AND CAGE
__________ 3-ND73883____________________ _________
MFG PART NUMBER
*** END OF NARRATIVE B0001 ***
6 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
INSPECTION AND ACCEPTANCE
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.246-1 CONTRACTOR INSPECTION REQUIREMENTS APR/1984
2 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE AUG/1996
3 52.246-15 CERTIFICATE OF CONFORMANCE APR/1984
4 52.246-16 RESPONSIBILITY FOR SUPPLIES APR/1984
5 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT DEC/2014
(a) The contractor shall comply with the higher-level quality standard(s) listed below.
HIGHER - - - LEVEL CONTRACT QUALITY REQUIREMENT : ANSI/ISO/ASQ 9001:2015, AS 9100 OR EQUIVA
LENT, TAILORING : OPERATION REQUIREMENTS ONLY (PARAGRAPH 8.1,8.2,8..4, 8.5,,8.6, AND 8.7)
(b) The contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts in--
(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or
(2) When the technical requirements of a subcontract require--
(i) Control of such things as design, work operations, in-process control, testing and inspection; or
(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.
(End of clause)
DELIVERIES OR PERFORMANCE
6 52.211-17 DELIVERY OF EXCESS QUANTITIES SEP/1989
7 52.242-15 STOP-WORK ORDER AUG/1989
8 52.242-17 GOVERNMENT DELAY OF WORK APR/1984
9 52.247-34 F.O.B. DESTINATION JAN/1991
10 52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT FEB/1999
11 52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS APR/1984
12 52.211-8 TIME OF DELIVERY JUN/1997
(a) The Government requires delivery to be made according to the following schedule:
REQUIRED DELIVERY SCHEDULE
ITEM NO. QUANTITY WITHIN DAYS
AFTER CONTRACT AWARD
CLIN 0001AA 2 EA 240 Days ARO
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
OFFERORS PROPOSED DELIVERY SCHEDULE
ITEM NO. QUANTITY WITHIN DAYS
AFTER DATE OF
CONTRACT
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish
7 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the
Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the
Contractors date of receipt of the contract or notice of award by adding
(1) five calendar days for delivery of the award through the ordinary mails, or
(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term working day excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
(End of Clause)
8 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT ADMINISTRATION DATA
13 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) JAN/2023
(a) Definitions. As used in this clause
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
Payment request and receiving report are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving
Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and
Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov ; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer
Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Invoice/Recieving Report Combo
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Origin/Origin FOB Destination
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
9 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC -3-
Issue By DoDAAC -4-
Admin DoDAAC** -5-
Inspect By DoDAAC -6-
Ship To Code -7-
Ship From Code -8-
Mark For Code -9-
Service Approver (DoDAAC) -10-
Service Acceptor (DoDAAC) -11-
Accept at Other DoDAAC -12-
LPO DoDAAC -13-
DCAA Auditor DoDAAC -14-
Other DoDAAC(s) -15-
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact.
-16-
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
10 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SPECIAL CONTRACT REQUIREMENTS
BAR CODE MARKING REQUIREMENTS
Bar Code Markings are required in accordance with the latest revision of MIL-STD-129 and ISO/IEC 16388 - Information Technology -
Automatic Identification and Data Capture Techniques - Bar Code Symbology Specification - Code 39
ENGINEERING CHG PROPOSAL, VALUE ENG CHG PROPOSAL, REQUEST FOR VARIANCE, ENG RELEASE RECORDS, NOTICE OF REVISION, AND SPECIFICATION CHG
NOTICE PREPARATION AND SUBMISSION INSTRUCTIONS1. Contractor initiated Engineering Change Proposals (ECPs), Value Engineering Change
Proposals (VECPs), and Request for Variance (RFVs), collectively referred to as "proposals", shall be prepared, submitted and distributed in accordance with paragraphs 2, 3 and 4 below except as specified in paragraph 5 below.
2. Format. _______
a. Class I ECPs require the "Long Form Procedure" for documenting the change and describing the effects of the change on the suitability and supportability of the Configuration Item (CI). Class I ECPs should be limited to those that are necessary or offer significant benefit to the Government. Class I ECPs are those that affect the performance, reliability, maintainability, survivability, weight, balance, moment of inertia, interface characteristics, electromagnetic characteristics, or other technical requirements in the specifications and drawings. Class I ECPs also include those changes that affect Government Furnished
Equipment, safety, compatibility, retrofit, operation and maintenance manuals, interchangeability, substitutability, replaceability, source control specifications and drawings, costs, guarantees or warranties, deliveries, or schedules. Class II ECPs are those that do not affect form, fit and function, cost, or schedule of the system CI and do not meet the other criteria described above for
Class I ECPs.
b. Long Form Procedure: Class I changes to the CI require that DD Form 1692, pages 1 through 7 (as applicable), be prepared. Use of this procedure assures that all effects of the change on the CI are properly addressed and documented to the necessary detail to allow proper evaluation of the proposed change.
c. Short Form Procedure: ECPs and VECPs , which meet the requirements of Class II ECPs, shall be prepared using DD
Form 1692 (page 1 only). Supplemental pages may be used with the form as necessary. The responsible Defense Contract Management
Agency (DCMA) Contract Management Office (CMO) will validate data entries in Block 5 "Class of ECP", Block 6 "Priority", and Block 8
"Justification Codes."
d. The Contractor shall not manufacture items for acceptance by the Government that incorporate a known departure from requirements, unless the Government has approved an RFV. RFVs shall be prepared using DD Form 1694.
e. Each ECP and RFV shall be accompanied by a written and signed evaluation prepared by the responsible Defense
Contract Management Agency (DCMA) technical representative. The DCMA written evaluation shall be considered part of the ECP/RFV proposal.
f. Classification of RFVs.
(1) Major RFVs. RFVs written against CIs shall be designated as major when the RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving health; performance; interchangeability;
reliability; survivability; maintainability; effective use or operation; weight; appearance (when a factor); or when there is a departure from a requirement classified as major in the contractual documentation.
(2) Critical RFVs. RFVs written against CIs shall be designated as critical when the RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation involving safety or when there is a departure from a requirement classified as critical in the contractual documentation.
(3) Minor RFVs. RFVs written against CIs shall be designated as minor when the RFV consists of acceptance of an item having a nonconformance with contract or configuration documentation which does not involve any of the factors listed above in paragraphs f(1) or g(2), or when there is a departure from a requirement classified as minor in the contractual documentation.
g. Proposals shall include sufficient technical data to describe all changes from existing contract requirements.
h. Proposals shall include sufficient justification for making the change, including a statement of contract impact, if the change is not authorized.
i. Proposals for ECPs shall set forth a "not to exceed" price and delivery adjustment acceptable to the Contractor if the Government subsequently approves the proposal. If approved, the equitable increase shall not exceed this amount.
j. Times allowed for technical decisions for ECP and RFV proposals will be worked out via mutual agreement between the Contractor and the Government.
k. Proposals for VECPs shall set forth a "not less than" price and delivery adjustment acceptable to the Contractor if the Government subsequently approves the proposal. If approved, the savings shall not be less than this amount.
l. The Contractor shall utilize DD Form 2617, "Engineering Release Record" (ERR) to release new or revised configuration documentation to the Government for approval.
m. The Contractor shall utilize DD Form 1695, "Notice of Revision" (NOR) to describe the exact change(s) to configuration documentation specified as a data requirement in the contract. The Contractor shall describe the change using sub-sections entitled "WAS" to describe the current contractual technical requirement and "IS" to describe the proposed new requirement.
3. Submittal. The preferred method of submittal is digitally as a single file in Adobe Acrobat Portable Document Format (PDF). Unless __________ otherwise specified, alternate methods of submittal shall be proposed to and authorized by the PCO prior to submittal. If the hardcopy method is requested and approved, the Contractor shall submit two (2) copies of each proposal to the responsible Administrative
Contracting Officer (ACO). One (1) copy of each proposal shall be returned to the Contractor within (5) working days after receipt by the ACO, stating whether or not the proposal is in compliance with this provision. Any unresolved differences between the ACO and the
Contractor concerning ECPs, VECPs, or RFVs will be submitted to the PCO for resolution.
4. Distribution. ____________
a. Electronic Distribution. The preferred method of distribution for unclassified is through the email or DOD safe site _______________________
11 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
(https://safe.apps.mil ) addressed to the PCO. Classified material shall be distributed via SIPERNET or by classified email as determined by the PCO. Microsoft Word is required for use with the transmittal letter (E-mail). Required forms will be attached to the
E-mail. All forms may be obtained from the Office of the Secretary of Defense Executive Services Directorate DoD Directives Division website (://www.esd.whs.mil/DD/ ) via the DoD Forms menu. The forms are provided in fillable Adobe Acrobat Portable Document Format
(PDF). In order to access and use the forms, the user must have the "Adobe Acrobat" software installed on their computer. Drawings may be scanned and sent as an attachment. In some cases, because of size, drawings may have to be sent as hard copies or sent under special electronic instructions provided by the PCO.
5. Alternate Format, Submittal or Distribution Process. Proposals may be prepared in a different format, submitted using a different ___________________________________________________ submittal process or distributed in a different manner than specified in paragraphs 2, 3 and 4 above, so long as the alternate approach is in accordance with a Government approved configuration management plan governed by this contract or the PCO authorizes the alternate format, submittal, or distribution process.
6. Government Acceptance. Acceptance of a proposal by the Government shall be affected by the issuance of a change order or _____________________ execution of a supplemental agreement incorporating the proposal into the contract unless the PCO authorizes another method of acceptance. The Government will notify the Contractor in writing if a proposal is determined to be unacceptable.
WOOD PACKING MATERIALS REQUIREMENTS
A. Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).
B. All Wood Packaging Material (WPM)) acquired by DOD must meet requirements of International Standards for Phytosanitary Measures
(ISPM) 15, "Guidelines for Regulating Wood Packaging Materials International Trade." DOD shipments inside and outside of the United
States must meet ISPM 15 whenever WPM is used to ship DOD cargo.
(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, incorporated (ALSC) Wood Packaging Material Program and WPM Enforcement
Regulations (see http://www.alsc.org/ ).
(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Marking shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved DUNNAGE stamp.
C. Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment at entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government.
D. Replacement Preservative for Pentachlorophenol
If packaging requirements of this contract specify the use of wood products and a preservative is required, Pentachlorophenol, commonly referred to as "Penta" or "PCP" is prohibited. Replacement preservatives are 2 percent copper naphthenate, 3 percent zinc naphthenate or
1.8 percent copper 8 quinolinolate.
(1) Heat Treatment: Boxes/pallets and any wood used as inner packaging made of non-manufactured wood shall be heat-treated. All non-manufactured wood used in packaging shall be heat treated to a core temperature of 56 degrees Celsius for a minimum of 30 minutes. The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall be affiliated with an inspection agency accredited by the board of review of the American Lumber Standard Committee. The box/pallet manufacturer and the manufacturer of wood used as inner packaging shall ensure traceability to the original source of heat treatment.
(2) Marking: Each box/pallet shall be marked to show the conformance to the International Plant Protection Convention
Standard. The quality mark shall be placed on both ends of the outer packaging, between the end cleats or end battens: on two sides of the pallet. Foreign manufacturers shall have the heat treatment of non-manufactured wood process verified in accordance with their National Plant Protection Organization's compliance program. In addition, wood used as dunnage for blocking and bracing shall be ordered with ALSC certified marking for dunnage or the markings may be applied locally at two foot intervals.
*** END OF NARRATIVE H0001 ***
CONTRACT CLAUSES
14 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS JAN/2017
OR STATEMENTS
15 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018
16 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG/2020
17 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEC/2023
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES
(DEC 2023)
18 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV/2015
12 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
19 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL NOV/2023
SERVICES (NOV 2023)
20 52.222-3 CONVICT LABOR JUN/2003
21 52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR/2015
22 52.222-26 EQUAL OPPORTUNITY SEP/2016
23 52.222-50 COMBATING TRAFFICKING IN PERSONS NOV/2021
24 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB/2021
25 52.226-7 DRUG-FREE WORKPLACE (MAY 2024) MAY/2024
26 52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING MAY/2024
(MAY 2024)
27 52.227-1 AUTHORIZATION AND CONSENT JUN/2020
28 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT JUN/2020
29 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT OCT/2018
30 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013
31 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS(MAR MAR/2023
2023)
32 52.233-3 PROTEST AFTER AWARD AUG/1996
33 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT/2004
34 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (SHORT APR/1984
FORM)
35 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR/1984
36 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011
37 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DEC/2022
38 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992
39 252.204-7006 BILLING INSTRUCTIONS--COST VOUCHERS (MAY 2023) MAY/2023
40 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING MAY/2024
(MAY 2024) (DEVIATION 2024-O0013, REVISION 1)
41 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT JAN/2023
(JAN 2023)
42 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS JAN/2023
EQUIPMENT OR SERVICES (JAN 2023)
43 252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023) NOV/2023
44 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (FEB 2024) FEB/2024
45 252.225-7041 CORRESPONDENCE IN ENGLISH JUN/1997
46 252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013
47 252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN JAN/2023
2023)
48 252.227-7013 RIGHTS IN TECHNICAL DATA--OTHER THAN COMMERCIAL PRODUCTS AND MAR/2023
COMMERCIAL SERVICES (MAR 2023
49 252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2023) JAN/2023
50 252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT MAR/2000
51 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA(JAN 2023) JAN/2023
52 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018
53 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006
54 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991
55 252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023) JAN/2023
56 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (JAN 2023) JAN/2023
57 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR FEB/2024
EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP
2023) -- ALTERNATE II (FEB 2024)
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector
General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to
(i) Examine any of the Contractors or any subcontractors records that pertain to, and involve transactions relating to, this contract;
and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than
13 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L.
111-5).
(C) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(D) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities
(Dec 2023) (Section 1634 of Pub. L. 115-91).
(E) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Eov 2021)
(Section 889(a)(1)(A) of Pub. L. 115-232).
(F) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(G)__( 1) 52.20430, Federal Acquisition Supply Chain Security Act Orders Prohibition. (DEC 2023) ( Pub. L. 115390, title II).
(H) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(I) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(J) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(K) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(L) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(M) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(N) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(O) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
__ (2) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(P) 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).
(Q) 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).
(R) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).
(S) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(T) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(U)__ (1) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
__ (2) Alternate I (Jan 2017) of 52.224-3.
(V) 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).
14 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
(W) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(X) 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.
(Y) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(End of Clause)
58 52.216-19 ORDER LIMITATIONS OCT/1995
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 2, the
Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of 2;
(2) Any order for a combination of items in excess of 2; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition
Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within -5- days after issuance, with written notice stating the Contractors intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
59 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC/2014
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
60 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS NOV/2021
(a) Definitions. As used in this clause--
"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
"Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
"Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
15 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
"Safeguarding" means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by
Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
61 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO NOV/2021
SURVEILLANCE SERVICES OR EQUIPMENT
(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).
16 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
"Covered foreign country" means The Peoples 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.
17 40
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
(2) Section 889(a)(1)(B) of the John S.
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .