W90VN921P0017_Released.pdf

SEE ADDENDUM

(No Collect Calls)

W90VN921R0025 26-Apr-2021

b. TELEPHONE NUMBER

315-763-5683

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 14 May 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.02-574-1511 010-356-1511

W90VN99. ISSUED BY

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

W90VN921P0017 21-May-2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MAJ LARSEN, NATHAN A.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F1C0RH1099AW01-2

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

SFC NICHOLSON, ROBERT O. / Contract NCO

See Schedule KRW25,168,000.00

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE 1H91F FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

RCO DAEGU, UNIT #15682

APO AP 96218-5682

UNITED STATES

MODERN INDUSTRY INC

HUR, NAM HWAN

2743 NAMBUSUNHWAN-RO, GANGNAM-GU

SEOUL 06274

KOREA, SOUTH

DFAS DEAMS-F87700

ACCTG DISB STA NR 387700

DFAS DEAMS

27 ARKANSAS RD

LIMESTONE ME 04751-6216

UNITED STATES

18a. PAYMENT WILL BE MADE BY CODE F87700

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE F3J6SG 16. ADMINISTERED BY

Net 30 Days

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

607 ACOMS/SCX

KANG, SEUNG WON

607 MMS/CE

APO AP 96278-2117

UNITED STATES

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

212319

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL: robert.o.nicholson.mil@mail.mil

315-763-5694TEL:

31c. DATE SIGNED

21-May-2021

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF29

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W90VN921P0017

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 624 Cubic

Meter

KRW27,000.00 KRW16,848,000.00

75 mm Ballast Rock

FFP

The contractor shall provide delivery of 624 cubic meters (1,099 metric tons / 1,081 imperial tons / 1,211 short tons) of 3-inch ballast rock and 416 cubic meters (866 metric tons / 852 imperial tons / 954 short tons) of graded crushed aggregate base course to Daegu (K-2) Air Base, Daegu, Republic of Korea.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination MFR PART NR: None

PURCHASE REQUEST NUMBER: F1C0RH1099AW01-2

PSC CD: 5610

NET AMT KRW16,848,000.00

ACRN AA

CIN: 00000000000006443932

$14,194.98

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 416 Cubic

Meter

KRW20,000.00 KRW8,320,000.00

40 mm Base Course

FFP

The contractor shall provide delivery of 624 cubic meters (1,099 metric tons / 1,081 imperial tons / 1,211 short tons) of 3-inch ballast rock and 416 cubic meters (866 metric tons / 852 imperial tons / 954 short tons) of graded crushed aggregate base course to Daegu (K-2) Air Base, Daegu, Republic of Korea.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination MFR PART NR: None

PURCHASE REQUEST NUMBER: F1C0RH1099AW01-2

PSC CD: 5680

NET AMT KRW8,320,000.00

ACRN AA

CIN: 00000000000006443933

$7,009.87

STATEMENT OF WORK

STATEMENT OF WORK

Ballast and Base Course Purchase and Delivery

ON

DAEGU (K-2) AIR BASE

DAEGU, REPUBLIC OF KOREA

Table of Contents

1. DESCRIPTION OF SERVICES

1.1 REQUIREMENTS…………………………………………………………………………...3

1.1.1 SERVICES TO BE PROVIDED………....………………………………………………

1.1.2 SPECIFICATIONS……………………………………………………………………….…4

1.1.3 SCHEDULE………………………………………………………………………………

1.2

LIABILITY…………………………………………………………………………….……..

2. GENERAL

INFORMATION………………………………………………………….……..6

2.1 HOURS OF OPERATION…………………………………………………………….……..6

2.2 CONTRACTOR PERSONNEL……………………………………………………………...6

3. SECURITY…………………………………………………………………………………….6

3.1 PASS AND IDENTIFICATION ITEMS……………………………………………….……6

3.2 RETRIEVING IDENTIFICATION

MEDIA………………………………………..………..6

3.3 TRAFFIC LAWS…………………………………………………………………………….6

3.4 WEAPONS, FIREARMS, AND AMMUNITION…………………………………………..7

3.5 FOR OFFICIAL USE ONLY (FOUO)………………………………………………………7

3.6 REPORTING REQUIREMENTS……………………………………………………………7

3.7 PHYSICAL SECURITY……………………………………………………………………..7

3.8 MILITARY EXERCISES……………………………………………………………………7

3.9 LOCATION FOR MATERIAL

DELIVERY...………………………………………………7

1. DESCRIPTION OF SERVICES

1.1 REQUIREMENTS

1.1.1 SERVICES TO BE PROVIDED

The contractor shall provide delivery of 624 cubic meters (1,099 metric tons / 1,081 imperial tons / 1,211 short tons) of 3-inch (75 mm) nominal size ballast rock and 416 cubic meters (866 metric tons / 852 imperial tons / 954 short tons) of graded crushed aggregate base course to Daegu (K-2) Air Base, Daegu, Republic of Korea. Contractor shall provide graded crushed aggregate base course made from approved materials, and follow all specifications applicable to UFC and UFGS guidance. Contractor shall provide material testing data showing compliance with all applicable UFC and UFGS guidance. All material placement will be done by government labor. The contractor will deliver a minimum of 300 tons of material per day to the exact location specified by the Project Engineer or Project Manager. Orders and delivery schedule are subject to change due to weather conditions or delays. Any delivery not meeting the specification at time of delivery shall be rejected at contractor’s cost. The contractor’s bid should be price in cost per ton of material. The total quantity required for delivery is subject to change depending on project requirements.

1.1.2 SPECIFICATIONS

Ballast rock will consist of clean, sound, durable gravel with acceptable sizes ranging from 2.5 inches (65 mm) to 4 inches (100 mm) with a nominal size of 3 inches (75 mm).

Graded crushed aggregate base course must meet the requirement in UFGS 32 11 23, Section 2.1.3, Table 1, Gradation 2 (shown below). The material provided will be continuously well graded within the limits specified in Table 1. The contractor will provide material test results required below for approval within 5 days of contract award.

Provide graded crushed aggregate base course consisting of clean, sound, durable particles of crushed stone, crushed gravel, angular sand, or other approved materials. Provide material that is free of silt and clay as defined by ASTM D2487, organic matter, and other objectionable materials or coatings. The portion retained on the No. 4 sieve is known as coarse aggregate; that portion passing the No. 4 sieve is known as fine aggregate. When the coarse and fine aggregate is supplied from more than one source, provide aggregate from each source that meets the specified requirements.

The percentage of loss of the provided material must not exceed 40 percent loss when tested in accordance with ASTM C131/C131M. Provide aggregate that contains no more than 20 percent flat and elongated particles for the fraction retained on the 1/2 inch sieve nor 20 percent for the fraction passing the 1/2 inch sieve. A flat particle is one having a ratio of width to thickness greater than 3; an elongated particle is one having a ratio of length to width greater than 3. In the portion retained on each sieve specified, the crushed aggregate must contain at least 90 percent by weight of crushed pieces having two or more freshly fractured faces determined in accordance with ASTM D5821. When two fractures are contiguous, the angle between planes of the fractures must be at least 30 degrees in order to count as two fractured faces. Manufacture crushed gravel from gravel particles 90 percent of which by weight are retained on the maximum size sieve listed in table 1. The portion of any component or of the material passing the No. 40 sieve must be either non-plastic or have a liquid limit not greater than 25 and a plasticity index not greater than 5. The government engineer may test base course upon delivery for specification compliance.

TABLE 1. Gradation of Aggregates (Gradation 2) Sieve Designation Percentage by Weight Passing

2 inch --- 1-1/2 inch 100 1 inch 60-100 ½ inch 30-65 No. 4 20-50 No. 10 15-40 No. 40 5-25 No. 200 0-8

“Exceptions to the gradation/consistency requirements are permissible with approval from the government engineer when there have been adequate CBR tests accomplished which indicate the base course CBR will reach the required strength of 100 CBR”

Material Submittals Required:

a. Sieve Analysis [including 0.02 mm material].

b. Liquid limit and plasticity index.

c. Moisture-density relationship

d. Wear (LA Abrasion).

1.1.3 SCHEDULE

The contractor will coordinate all deliveries with the Project Manager or Contracting Officer’s Representative at least three days prior to delivery. The contractor must make all deliveries between the hours of 0700 to 1600 Monday through Friday excluding federal holidays.

The contractor will provide delivery tickets in English with every truck to allow Government personnel to accept delivery. The contractor must be capable of fulfilling ballast and base course deliveries within five (5) days of contract award. All base course deliveries must be 100% completed with 15 calendar days of contract award. Contractor shall be prepared to deliver ballast on 25 May. Contractor shall be prepared to deliver base course on 27 May.

1.2 LIABILITY: The contractor shall be liable for any damages resulting from any carelessness or failure to follow proper safety, installation, engineering, or maintenance procedures and standards.

2. GENERAL INFORMATION

2.1 HOURS OF OPERATION: The normal hours of operation for the project are from 0800 to 1700, Monday through Friday, excluding federal holidays.

2.2 CONTRACTOR PERSONNEL: The contractor shall provide point of contact (POC) for all contractual matters during all hours of operation. The POC shall respond on-site within 1 hour during normal duty hours of operation and within 2 hours during non-duty hours to discuss concerns with government personnel designated by the CO to discuss problem areas.

3 SECURITY

3.1 PASS AND IDENTIFICATION ITEMS: Contractor shall be prepared to provide names of drivers for Air Base access and airfield driving training upon contract award. The contractor shall ensure the pass and identification items required for contract performance are obtained for employees within 5 days of contract award. The contractor shall coordinate with 554 RHS and

607 MMS/CE to obtain base access and airfield flight line access passes and training for material delivery.

3.2 RETRIEVING IDENTIFICATION MEDIA: The contractor shall return all identification media and/or visitor passes from employees who depart for any reason before the contract expires; i.e. terminated for cause, reassignment, retirement, etc.

3.3 TRAFFIC LAWS: The contractor and its employees shall comply with base traffic regulations. Traffic regulations include, but are not limited to:

Employees shall wear seatbelts when operating or riding in any vehicle (military, company or private owned) while on installation.

Speed limits on Daegu AB are 25 KMH unless otherwise posted. Be aware of reduced speed limits and exercise caution when driving in base housing and school zones.

All vehicle operators on the installation shall not use cell phones unless the vehicle is safely parked or they are using a 100% hands free device. The wearing of any other portable headphones, earphones or other listening devices while operating a motor vehicle is prohibited.

3.4 WEAPONS, FIREARMS, AND AMMUNITION: Employees are prohibited from possessing weapons, firearms, or ammunition on themselves or within vehicles (military, contractor-owned, or privately owned) while on Daegu AB.

3.5 FOR OFFICIAL USE ONLY (FOUO): The contractor shall comply with DoD 5400.7-R, Chapter 4, DoD Freedom of Information Act (FOIA) Program, requirements. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding FOUO material.

3.6 REPORTING REQUIREMENTS: Contractor personnel shall report to an appropriate authority any information or circumstances of which they are aware may pose a threat to the security of DoD personnel, contractor personnel, resources, and classified/unclassified defense information. Employees shall be briefed by their immediate supervisor upon initial on-base assignment.

3.7 PHYSICAL SECURITY: The contractor shall be responsible for safeguarding all Government property and controlled forms provided for contractor use. At the end of each work period, all Government facilities, equipment and materials shall be secured.

3.8 MILITARY EXERCISES: No compensation will be claimed for any delays resulting from re-entry procedures due to exercises or unforeseen gate closures.

3.9 LOCATION FOR MATERIAL DELIVERY: The contractor shall deliver materials to the flight line access gate located near building 5006 on Daegu (K-2) Air Base. Upon arrival, the contractor will be escorted by 554 RHS personnel onto flight line and directed to final delivery location.

Figure 1: Project Location: Daegu K-2 Air Base

Figure 2: Flight Line Access Gate Location for Delivery

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

GENERAL DELIVERY INSTRUCTIONS

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODACC/CAGE

25 MAY 2021

(Subject to Change)

624 CM

607 MMS/CE

KANG, SUNG WON

UNIT #2166

DAEGU AIR BASE

APO AP 96213-2166

KOREA, SOUTH

F3J6SG

27 MAY 2021

(Subject to Change)

416 CM

607 MMS/CE

KANG, SUNG WON

UNIT #2166

DAEGU AIR BASE

APO AP 96213-2166

KOREA, SOUTH

F3J6SG

DELIVERY INSTRUCTION

1. DELIVERY INSTRUCTIONS:

a. Calls shall be placed by the Project Manager/COR to order ballast and base course in accordance with the Statement of Work. The vendor agrees to deliver the quantity ordered per call within 3 days after receiving and acknowledging the call. Each call shall be logged/recorded as to the time and date of the call and verified by the Project Manager/COR prior to delivery.

b. The vendor agrees to provide delivery of ballast rock and base course to Daegu K2 AB.

2. RECEIVING OFFICER: TSgt Elauria, John, john.elauria@us.af.mil, Daegu K2 Air Base, Republic of Korea. Phone: 010-9564-7714.

ACCOUNTING AND APPROPRIATION DATA

AA: 5713400 301 18TD E74449 01 61900 22176F 387700 F87700

AMOUNT: $21,204.85

ACRN CLIN/SLIN CIN AMOUNT

AA 0001 00000000000006443932 $14,194.98

0002 00000000000006443933 $7,009.87

ROK LOCAL SOURCES

1. All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United States (U.S.) Status of Forces Agreement (SOFA), precludes the U.S. Government from granting Invited Contractor or Technical Representative status to any offeror, for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea as a local source, must submit adequate verification in its initial proposal or quote, that it has the requisite authorization and capacity to compete for the requirement as a local source, and to perform the contract as a local source. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror qualifies as a local source shall be determined by the Contracting Officer.

2. LOCAL CONTRACTORS:

The proposed acquisition will be limited to local contractors. All required material, labor, transportation, and facilities and these supply items are available locally. There is nothing inherently difficult about the project that requires the presence of invited contractors.

3. The Price Proposal should be Korea Won (₩).

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

OCT 2020

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

JAN 2021

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.225-7041 Correspondence in English JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021

CLAUSES INCORPORATED BY FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

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

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

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

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

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

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

(d) Reporting requirement.

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

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

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

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

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

(End of clause)

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020) ALTERNATE I (MAR 2015)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Commercially available off-the-shelf (COTS) item” means--

(1) Any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Recruitment fees” means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for--

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;

(ii) Advertising;

(iii) Obtaining permanent or temporary labor certification, including any associated fees;

(iv) Processing applications and petitions;

(v) Acquiring visas, including any associated fees;

(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;

(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;

(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;

(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;

(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;

(xi) Transportation and subsistence costs--

(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and

(B) From the airport or disembarkation point to the worksite;

(xii) Security deposits, bonds, and insurance; and

(xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is--

(i) Paid in property or money;

(ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions;

(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or

(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to--

(A) Agents;

(B) Labor brokers;

(C) Recruiters;

(D) Staffing firms (including private employment and placement firms);

(E) Subsidiaries/affiliates of the employer;

(F) Any agent or employee of such entities; and

(G) Subcontractors at all tiers.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees and potential employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--

(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--

(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.

This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.

(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or

(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.

(c) Contractor requirements. The Contractor shall—

(1) Notify its employees of—

(i) (A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and

(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:

Document Title Document may be obtained from:

Applies to performance in/at:

[ ___ Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the United States to which the document applies.]

(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and

(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—

(i) Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203- 13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud); and

(ii) Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

(2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in—

(1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

(2) Requiring the Contractor to terminate a subcontract;

(3) Suspension of contract payments until the Contractor has taken appropriate remedial action;

(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

(5) Declining to exercise available options under the contract;

(6) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

(7) Suspension or debarment.

(f) Mitigating and aggravating factors. When determining remedies, the Contracting Officer may consider the following:

(1) Mitigating factors. The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.

(2) Aggravating factors. The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

(g) Full cooperation.

(1) The Contractor shall, at a minimum—

(i) Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

(ii) Provide timely and complete responses to Government auditors' and investigators' requests for documents;

(iii) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and

(iv) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.

(2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not—

(i) Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;

(ii) Require any officer, director, owner, employee, or agent of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

(iii) Restrict the Contractor from—

(A) Conducting an internal investigation; or

(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) Compliance plan.

(1) This paragraph (h) applies to any portion of the contract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $550,000.

(2) The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate—

(i) To the size and complexity of the contract; and

(ii) To the nature and scope of the activities to be performed for the Government, including the number of non- United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.

(3) Minimum requirements. The compliance plan must include, at a minimum, the following:

(i) An awareness program to inform contractor employees about the Government's policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/.

(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees and potential employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org.

(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee or potential employee, and ensures that wages meet applicable host-country legal requirements or explains any variance.

(iv) A housing plan, if the Contractor or subcontractor intends to provide or arrange housing, that ensures that the housing meets host-country housing and safety standards.

(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

(4) Posting.

(i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.

(ii) The Contractor shall provide the compliance plan to the Contracting Officer upon request.

(5) Certification. Annually after receiving an award, the Contractor shall submit a certification to the Contracting Officer that—

(i) It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and

(ii) After having conducted due diligence, either—

(A) To the best of the Contractor's knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or

(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the Contractor or subcontractor has taken the appropriate remedial and referral actions.

(i) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that—

(i) Is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and

(ii) Has an estimated value that exceeds $550,000.

(2) If any subcontractor is required by this clause to submit a certification, the Contractor shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) Definitions. As used in this clause-

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;

and serial number within the original part, lot, or batch number.

Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

Data qualifier means a specified character (or string of characters)…