A.07.23_W9123620B5024-0001_20200901.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

W9123620B5024 Quantico National Cemetery Expansion, located in Triangle, Virginia is hereby Amended as follow s:

Please see continuation page for full Amendment breakout. Please acknow ledge all Amendments.

Contracting POC: Stormie.B.Wicks@usace.army.mil (757) 201.7215

1. CONTRACT ID CODE PAGE OF PAGES

J 1 11

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

16C. DATE SIGNED

BY 01-Sep-2020

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W9123620B5024

X 9B. DATED (SEE ITEM 11)

10-Aug-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

01-Sep-2020

CODE

USACE, NORFOLK DISTRICT OFFICE

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1011

W91236 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9123620B5024

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 11 00 - SF 1442 AND CLIN SCHEDULE

The Issued By organization has changed from

USA ENGINEER DISTRICT, NORFOLK

803 FRONT STREET

NORFOLK VA 23510-1011

to

USACE, NORFOLK DISTRICT OFFICE

CONTRACTING OFFICE

803 FRONT STREET

NORFOLK VA 23510-1011

SECTION 00 21 00 - INSTRUCTIONS, CONDITIONS & NOTICES TO OFFERORS

The following have been added by full text:

AMENDMENT 0001

W9123620B5024 Quantico National Cemetery Expansion, located in Triangle, Virginia is hereby Amended as follows:

1. FAR 52.204-24, 52.204-25, and 52.204-26 are hereby incorporated as Full Text.

2. The following documents are hereby incorporated:

“2020-08-31 QNC FY19- Existing. dwg” “2020-08-31 ANC FY19- Grading. dwg” “2020-08-31 QNC FY19- Proposed. dwg” “2020-08-31 QNC FY19- Utility.dwg” “WM19-146G Quantico Nat Cemetery Expansion GEOTECH 02212020.pdf”

3. Please note that Bid Submission due date has not been extended, and remains 5:00 PM EST 9 September 2020.

Please acknowledge all Amendments.

4. The below Bidder Inquiries received via ProjNet and corresponding Government Responses are hereby incorporated:

Bidder Inquiry: 8791805 Inquiry: Are CAD files showing existing and design grades available for the project?

Government Response: CAD files will be provided. "The attached electronic document is an instrument of service prepared by Woolpert/RS&H and is being provided solely as a convenience to the user. Woolpert/RS&H makes no representation regarding fitness for any particular purpose, or suitability for use with any software or hardware. Due to the easily alterable nature of electronic documents, through either intentional or unintentional means, Woolpert/RS&H does not make any express or implied warranty for the accuracy or completeness of this information. Hard copies (i.e., prints, paper copies, etc.) shall prevail in any dispute over accuracy or sufficiency of electronic documents. This information is proprietary and shall not be copied or used for any purpose not authorized in writing by Woolpert/RS&H. By and through its use of the information contained hereon, the user agrees to indemnify and hold Woolpert/RS&H harmless from any loss, damage, liability or cost, including reasonable attorney's fees, arising from any use or reuse of any electronic document or information."

Bidder Inquiry: 8971918 Inquiry: Per section 1.6: "Installation Qualifications: Provide written documentation that verifies:

a. The installer has been regularly engaged, for at least three years, in installation of pre-cast concrete similar to this project." Can you define "pre-cast concrete similar to this project"? Does the routine installation of precast drainage and utility structures count towards the requirement?

Government Response: The requirement for three years’ experience in section 03 48 21 Precast Concrete Burial Crypts applies to the precast concrete burial crypts and not the utility structures. Please follow all ASTM guidelines for utility structures listed in section 33 40 00 Storm Sewer Utilities.

Bidder Inquiry: 8791943 Inquiry: We are requesting that the proposal submission date be delayed in order to allow for more time to accurately estimate the project and solicit adequate subcontractor proposals.

Government Response: No Extension will be granted.

Bidder Inquiry: 8802983 Inquiry: Drawing G-005 identifies Temporary Staging Area to be used at the beginning of construction. Confirm USACE and Contractors office trailers are to be in this area and can be placed for the duration of the contract? If not, please specify location and number of times they will need to be relocated.

Government Response: The intent is to allow for the clearing, grading, and grubbing of the project area and then final relocation to the project area.

Bidder Inquiry: 8802988 Bidder Inquiry: Please provide location of nearest power source capable of providing temporary power/data connection to construction trailers.

Government Response: Power will be available of 120V 20AMP at committer shelter D

Bidder Inquiry: 8802991 Inquiry: Previous construction phases(s) at Quantico National Cemetery have required the use of two 40kw mobile generators to power the office trailers. Please confirm if this will be required. If required, approximately forty thousand gallons of fuel would be used under this contract.

Government Response: Power will be available of 120V 20AMP at committer shelter D

Bidder Inquiry: 8802994 Inquiry: "A copy of the geotechnical investigation report will be made available for inspection by bidders upon request to the Contracting Officer". Q) Can the geotechnical report be released via amendment to the solicitation, or must a special request be made to obtain the geotechnical report?

Government Response: Technical report has been added to the solicitation

Bidder Inquiry: 8803004 Inquiry: "Subsurface conditions have been developed by core borings and test pits. Logs of subsurface exploration are shown on the drawings." Q) It appears as if the subsurface boring logs have been omitted from the drawings.

Government Response: Technical report has been added to the solicitation

Bidder Inquiry: 8803007 Inquiry: "The General Contractor shall provide unarmed guards at the project site after construction hours when theft or vandalism warrants." Q) Have there been prior incidents of theft or vandalism at the Quantico National Cemetery during previous construction phases that would warrant unarmed guards after hours?

Government Response: No. Note that this is an open cemetery to the public.

Bidder Inquiry: 8803010 Inquiry: "Deliveries cannot be made between the hours of 0900 to 1430." Q) Please confirm that no deliveries, including precast components, can be delivered between the hours of 0900 to 1430. If this is the case, will said deliveries be allowed after regular business hours, and if so, what will be the allowable timeframe for these deliveries.

Government Response: Correct, no deliveries during stated hours. Coordination with the cemetery staff will be required on a continuous basis for deliveries

Bidder Inquiry: 8803014 Inquiry: "Provide card reader that is compatible with Quantico National Cemetery IT Building software and system." Q) Please advise on current software/system or provide desired card reader make and model.

Government Response: HID Global Corporation Smart Card Reader 6055BKL0024 6055B is the reader used

Bidder Inquiry: 8803016 Inquiry: Specification 01 50 20 1.7.2 identifies a six-foot-tall chain link fence with brown slats to be used around construction trailers and stockpile areas. Is the use of privacy screen acceptable in-lieu of slats? This has been an acceptable alternative in previous construction phases at the Quantico National Cemetery.

Government Response: Please use fence specified in requirements.

Bidder Inquiry: 8803018 Inquiry: Specification 01 50 20 1.7.2 identifies a six-foot-tall chain link fence with brown slats to be used around construction trailers and stockpile areas. Is the use of privacy screen acceptable in-lieu of slats? This has been an acceptable alternative in previous construction phases at the Quantico National Cemetery.

Government Response: Please use fence specified in requirements.

Bidder Inquiry: 8803025 Inquiry: "The burial activities at the National Cemetery shall take precedence over construction activities." Q) Please provide the average number of daily internments near the proposed expansion area(s) that may interrupt construction activities/operations.

Government Response: Approximately 1500 burials at the cemetery a year

Bidder Inquiry: 8803031 Inquiry: "Vehicle authorization requests shall be required for any vehicle entering the site and such requests shall be submitted 24 hours before the date and time of access." Q) Will blanket requests be acceptable in lieu of individual vehicle requests for construction deliveries such as, precast, aggregates, concrete etc.?

Government Response: Please follow detailed instructions in requirements. Further coordination with cemetery staff required.

Bidder Inquiry: 8803034 Inquiry: "After ripping subgrade for topsoil/subsoil bonding, spread topsoil evenly to minimum 6" deep". Q) Are the proposed expansion areas anticipated to yield 6" of usable topsoil, or will import of topsoil be necessary to meet the 6" depth requirement?

Government Response: Based on the Geotech report and the boring logs, there is anywhere from 1" - 7" of topsoil within the expansion area. Please refer to the Geotech report to determine the available topsoil. The Geotechnical Report is provided as Appendix E in the Design Analysis. However, should there be a shortage, contractor will be required to bring in topsoil.

Bidder Inquiry: 8803037 Inquiry: "All Vegetated filter strips must include a long-term maintenance agreement." Q) Who will be responsible for execution/fulfillment of the long-term maintenance agreement?

Government Response: Vegetative filter strips must be maintained as stated in the drawing and specifications during the establishment period in 32 90 00. Once turnover/acceptance occurs, QNC will take over long-term maintenance of the vegetative filter strips.

Bidder Inquiry: 8803041 Inquiry: "All Bioretention facilities must include a long-term maintenance agreement."

Q) Who will be responsible for execution/fulfillment of the long-term maintenance agreement?

Government Response: Bioretention areas must be maintained as stated in the drawing and specifications during the establishment period in 32 90 00. Once turnover/acceptance occurs, QNC will take over long-term maintenance of the bioretention areas

Bidder Inquiry: 8803046 Inquiry: "Maintenance of Bioretention areas should be integrated into routine landscape maintenance tasks." Q) Typically, landscape maintenance lasts from the time landscaping is installed until it is determined to be suitable for turnover to the government. What is the anticipated duration for the contractor performed maintenance of the Bioretention areas; so, they may be fully incorporate into the landscape maintenance program?

Government Response: Bioretention areas must be maintained as stated in the drawing and specifications during the establishment period in 32 90 00. Once turnover/acceptance occurs, QNC will take over long-term maintenance of the bioretention areas.

Bidder Inquiry: 8803055 Inquiry: "The Project Superintendent may also serve as the CQC System Manager and the Safety and Health Manager." Q) Please confirm that the Project Superintendent may also be the SSHO and CQCSM.

Government Response: Confirmed, the CQC can also serve as the SSHO.

Bidder Inquiry: 8803061 Inquiry: "The CQC System Manager shall be a graduate engineer, graduate architect, or a graduate of construction management, with a minimum of 10 years construction experience on construction similar to this contract." Q) Will previous CQC System Manager experience on similar projects for the Dept. Veteran Affairs NCA be considered in-lieu of a graduate degree?

Government Response: Experience substitution is allowed and will be considered.

Bidder Inquiry: 8803065 Inquiry: "The qualified Commissioning Professional." Please provide the minimum experience/educational/professional requirements for the Commissioning Agent.

Government Response: Follow GSA's Commissioning Professional's qualification standard.

Bidder Inquiry: 8803070 Inquiry: Please provide the most current nutrient report for the in-situ topsoil located in the proposed expansion areas.

Government Response: No topsoil nutrient report exist to be provided.

Bidder Inquiry: 8803076 Inquiry: The topsoil mix, as described in note #6, shall be four-parts screened topsoil and one-part organic material.

Specification 32 90 00 3.2 requires 4-6% organic content, which of the two shall govern?

Government Response: The topsoil mix described in Specification 32 90 00 3.2 of 4-6% organic content is correct.

The topsoil mix on LP101 Note #6 of four parts screened topsoil and one part organic material is backfill mix when installing trees.

Bidder Inquiry: 8803103 Inquiry: The topsoil mix, as described in note #6, shall be four-parts screened topsoil and one-part organic material.

Specification 32 90 00 3.2 requires 4-6% organic content, which of the two shall govern?

Government Response: Duplicate comment.

Bidder Inquiry: 8803106 Inquiry: Detail E1/C514, Turf Filler Strip, specifies that 6" of compost shall be incorporated 12" into the soil. Does any topsoil get placed into this area prior to tilling? Also, tilling to this depth would cause contamination with the subsoils.

Government Response: Provide 4-inches of topsoil to turf filter strip areas just like other turf areas prior to tilling.

Tilling to a depth of 12-inches will encroach into subsoils by design to provide increased water infiltration into subsoils.

Bidder Inquiry: 8803111 Inquiry: Detail E1/C514, Turf Filler Strip, depicts a gravel diaphragm. Should there be an outfall location for this, as it may accumulate excess water?

Government Response: The gravel diaphragm is used to slow the water and encourage infiltration. If there is a rain event where water may accumulate it can flow over the gravel diaphragm anywhere and does not need an outfall location.

Bidder Inquiry: 8803118 Inquiry: Can the CAD files be issued via amendment to the solicitation to increase the accuracy of estimating the earthwork volumes?

Government Response: CAD files have been provided with the solicitation

Bidder Inquiry: 8803120 Inquiry: Please confirm that no areas including internment locations are to be sodded per the LP Drawings.

Government Response: No areas are to be sodded.

Bidder Inquiry: 8803123 Inquiry: Please confirm that all areas shown on LP drawings that are inside the LOD which are not shaded are to be seeded.

Government Response: All burial areas to receive 6 inches of topsoil, all other disturbed areas not receiving pavement or hatched to receive four inches of topsoil and seeded with permanent seed mix

Bidder Inquiry: 8803126 Inquiry: Please confirm that some areas in the project are not being permanently irrigated and will required manual watering for landscape establishment.

Government Response: The majority of the woodland restoration areas are not receiving permanent irrigation and will need to be watered by other means to ensure establishment. Method and amount of irrigation is left up to contractor to meet the acceptance after the establishment period.

Bidder Inquiry: 8803131 Inquiry: What is the minimum horizontal distance between electrical and Fiber Optic conduit?

Government Response: We understand this question addresses the separation requirements of the underground telecommunications conduit on ET109 from the underground electrical conduit shown on ES109. Please see specification 33 71 02 paragraph 3.4.6, which requires conduits to maintain a minimum distance of 3 inches. Note this electrical specification requirement is also applicable to the telecommunications conduit, see specification 33 82 00 paragraph 1.2.

Bidder Inquiry: 8803135 Inquiry: Please confirm that all components of Ossuary are to be furnished and installed by Contractor.

Government Response: The vault is on site. The placards will be supplied by the Gov.

Bidder Inquiry: 8803137 Inquiry: Can the contraction joints for the concrete curb be sawn cut in a similar manner as the sidewalk contraction joints as stated in specification 32 16 19 3.5.1?

Government Response: Yes

Bidder Inquiry: 8803140 Inquiry: CD105/CD107 depict waterlines to be removed and relocated. 1) Are any of these lines domestic water or only irrigation? 2) Are there any control wires associated with these lines? 3) Where are these lines be relocated to?

Government Response: 1. Per record documents provided by QNC, the water lines in question are irrigation. 2. Per record documents provided by QNC, no control wires are directly associated with these lines. 3. Water lines to be relocated per sheet CS 105 and CS 107.

Bidder Inquiry: 8803144

Inquiry: Details A2 and A7 on drawing C503 both show contradicting crypt base thicknesses of the #57 stone.

Please confirm on which detail/depth to follow.

Government Response: Detail A2 shows a 10-inch VDOT #57 Stone base under the Pre-Cast Crypts. Detail A7 shows a 6-inch VDOT #57 Stone base under the Ossuary vault. Both are correct

Bidder Inquiry: 8803145 Inquiry: Detail A7/C503 appears to depict two different sections of crypt base. One which is #57 stone. Please confirm on what the unidentified hatch depicts.

Government Response: Detail A7 shows a 6-inch VDOT #57 Stone base under the Ossuary vault.

Bidder Inquiry: 8803147 Inquiry: Will committal shelter #D, closest to the project be temporarily shut down during mass clearing/earthwork to eliminate downtime during construction?

Government Response: No

Bidder Inquiry: 8803508 Inquiry: Structural details for the Columbarium does not show foundation underdrains please clarify if that is correct.

Government Response: There is no Columbarium on this project

The following were previously included by reference and are now included by full text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

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

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

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited 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.

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

(d) Representation. The Offeror represents that it [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

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

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

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).

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

(b) Prohibition. 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 Federal Acquisition Regulation 4.2104.

(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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

SECTION 00 72 00 - CONTRACT CLAUSES

The following have been added by full text:

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

2019)

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

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

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

(End of provision)

(End of Summary of Changes)