W9123620B5026-0001 Amendment_Lynnhaven River Wetland.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

W9123620B5026 Lynnhaven River Basin Ecosystem Restoration, Phase 1-Wetlands Habitat Restoration Project is hereby Amended as follow s:

Please see continuation page for full Amendment breakout.

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

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 11-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 W9123620B5026

X 9B. DATED (SEE ITEM 11)

12-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 X is extended, 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 1 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

10-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:

W9123620B5026

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0001

W9123620B5026 Lynnhaven River Basin Ecosystem Restoration, Phase 1-Wetlands Habitat Restoration Project is hereby Amended as follows:

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

2. Please note that Bid Submission due date has been extended to 5:00 PM EST 16 September 2020. Electronic Bid Opening has been extended to 2:00 PM EST17 September 2020. Please acknowledge all Amendments.

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

Bidder Inquiry: 8806170 Per the outlined schedule it represents that the contractor only has 60 days to perform the site excavation and fill operations. This is a near impossible feat giving the quantity of import and export. The borrow pits and landfills are not available on the weekends or outside of normal working hours. Is there something missing here with regards to the schedule?

Government Response, Bidder Inquiry 8806170: The contractor will have access to the site by water on a daily basis throughout the Period of Performance (only limited by the transfer station usage hours) and/or by land only during the designated school breaks (Christmas, spring break, and summer break).

Bidder Inquiry: 8806172 Should the contractor elect to utilize the Thalia City of va bch LZ instead of the high school lz can we take a longer period of time to complete the site work other than the 60 days noted?

Government Response, Bidder Inquiry: 8806172: Concur, access by water and use of the transfer facility is available daily throughout the Period of Performance is not limited to the school calendar timeline. Please note daily usage requirements for the transfer facility are located in Specifications Section 1.3.3 Thalia Transfer Facility Information. Contractor must also follow guidelines established in Section 1.3.5 Noise Control and Abatement

Bidder Inquiry: 8806177 Can export materials (cut) be hauled in sealed trucks instead of utilizing the dewatering area?

Government Response, Bidder Inquiry: 8806177: Yes

Bidder Inquiry: 8806182 Can you please expand upon the limits of clearing with relation to replacement of trees that are removed? Is this only in the CE entrance area? How many trees under 18" are to be removed?

Government Response, Bidder Inquiry: 8806182: Please refer to Sheet 4 of the Plans (Survey of existing conditions). The site is dominated by phragmites but there are trees near the construction entrance and closer to the southern portion of the site. There are also small raised areas throughout which are noted by the canopy symbol on Sheet 4 which could contain trees. Exact numbers and caliper size are not known at this time.

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 11-Sep-2020 05:00 PM to 16-Sep-2020 05:00 PM.

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 13 - INSTRUCTIONS TO BIDDERS

The following have been modified:

INSTRUCTION TO BIDDERS

1. PROJECT DESCRIPTION:

The U.S. Army Corps of Engineers, Norfolk District is issue an UNRESTRICTED, Firm Fixed Price, Sealed Bid contract for construction Lynnhaven River Basin Ecosystem Restoration, Phase 1-Wetland Habitat Restoration Project. The subject project consists of treating and removing Phragmites australis, completion of soil removal, backfilling and grading to improve the hydrology of the site and return to its historic elevations. Wetland hydrology, natural topography, and native plant species composition will be reestablished. In addition, enhancements to the upland, riparian buffer will be done to ensure that the area sloping from the tidal wetland to uplands is stable. The wetland enhancement will also include plantings of native tidal wetland plant species.

The Contractor shall comply with the provisions of EM 385-1-1.

(1) Make available for review, upon request, the Contractor’s current Safety Management System (SMS) documentation,

(2) Submit to the Contracting Officer the current valid Company Certificate of Compliance for its SMS,

(3) Submit the current dredge(s) Certificate of Compliance based on third party audit, and submit for review and acceptance, site-specific addenda to the SMS as specified in the solicitation.

The full text of EM 385-1-1 can be accessed at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf

2. BIDDER QUESTIONS AND COMMENTS

All questions and/or comments should reach the above referenced Contracting Office via ProjNet no later than 3:00 PM EST 10 days prior to bid opening, in order that they may be given consideration or actions taken prior to receipt of Bidders.

Technical inquiries and questions relating to proposal procedures or bonds are to be submitted via Bidder Inquiry in ProjNet at http://www.projnet.org/projnet. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into system. To self-register go to web page, click BID tab select Bidder Inquiry, select agency USACE, enter Key for this solicitation listed below, and your e-mail address, click login.

Fill in all required information and click create user. Verify that information on next screen is correct and click continue. From this page you may view all bidder inquiries or add inquiry. Bidders will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W9123620B5026 The Bidder Inquiry Key is: FDD6M9-6FKGF4

The Bidder Inquiry System will be unavailable for new inquires 3:00 PM EST 10 days prior to bid opening in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary. Bidders are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

3. BID EVALUATION AND AWARD:

The Government will evaluate bids in response to this solicitation based upon the Total Evaluated Price without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government considering only price and the price-related factors specified elsewhere in the solicitation. The Government may reject any or all bids and/or waive informalities or minor irregularities in bids received.

The Government will evaluate Bids for award purposes by adding the total price for all optional items to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the optional items. Optional items, if exercised, will be awarded in accordance with clause 52.217-7.

The Government may –

(1) Reject any or all bids;

(2) Accept other than the lowest bid; and

(3) Waive informalities or minor irregularities in bids received.

4. AWARD TO RESPONSIBLE BIDDER:

To be determined responsible, a bidder must –

a. Have adequate financial resources to perform the contract, or the ability to obtain them;

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

c. Have a satisfactory performance record. A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history;

d. Have a satisfactory record of integrity and business ethics;

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations

In accordance with FAR Part 9.1, responsibility will be determined, prior to award, by the Contracting Officer through the performance of a pre-award survey or utilizing information from a previous pre-award survey and/or any performance data available. The apparent low bidder may be required to show that he has the necessary capital, experience, and owns or can procure the necessary plant or other resources to commence the work at the time prescribed in the specifications and thereafter to prosecute and complete the work safely and satisfactorily within the time specified. The below information will be requested of the apparent low Bidder.

This information is not required to be responsive to the invitation for bid.

a) Banking Information to include Branch/Location, Point of Contact and Telephone Number.

Please insure the Bank is prepared to provide necessary information regarding average balances in your operating accounts, lines of credit and credit history.

b) Three (3) years of financial data and Line of Credit information

c) Current commitments and expected dates of completion

5. DEFINITIVE RESPONSIBILITY CRITERIA

The project will be solicited with Definitive Responsibility Criteria (DRC). These criteria are specific and objective standards established by an agency as a precondition to award which are designed to measure a prospective contractor’s ability to perform the contract. In order to be found responsible, the apparent low bidder must demonstrate their past experience with defined work criteria. The two criteria are: 1) Wetlands Construction and 2) Management of Invasive Vegetation.

Criteria 1: Wetlands Construction. Bidder shall provide at least two (2) specific completed projects in the last five (5) years in construction, grading, and planting of a wetland for mitigation or restoration purposes of comparable size, scope, and consistent with the Scope of Work (SOW).

Criteria 2: Management of Invasive Vegetation. Bidder shall provide at least one (1) project in the last five (5) years in the management of invasive species that is of a comparable size, scope, and consistent with the Scope of Work (SOW).

The prime contractor bidder will be permitted to demonstrate experience in relation to the definitive responsibility criteria (DRCs) through an intended key subcontractor provided that (1) the bidder clearly describes the role(s) that the intended subcontractor will perform if awarded this contract, (2) the scopes that the subcontractor performed on the sample projects are clearly described, and (3) the intended key subcontractor provides an unequivocal letter of commitment in conjunction with the sample projects.

The Government anticipates that the prime contractor may subcontract portions of the work. Accordingly, the Definitive Responsibility Criteria may be met through the experience of a subcontractor provided that an unequivocal commitment of the subcontractor is provided in writing conditioned only on the prime contractor being awarded the contract.

6. Please be advised that in accordance with FAR Deviation 2020-o0016, Class Deviation – Original Documents, Signatures, Seals and Notarizations - Electronic signatures and electronic, mechanically-applied, or printed dates may be used and shall be considered original signatures and dates, without regard to the order in which they are affixed for all of part 28 instruments as requested by this solicitation

7. EVIDENCE OF AUTHORITY TO SIGN BIDS:

Evidence of the authority of individuals signing Bidders to submit firm Bids on behalf of the Bidder is required except where the Bidder is signed, and shows that it is so signed, by: the President, Vice-President, or Secretary of an incorporated Bidder; a partner in the case of a partnership; or the owner in the case of a sole proprietorship.

Failure to submit with the Bid satisfactory evidence of the authority of all other persons may be cause for rejection of the Bid as invalid or nonresponsive.

8. PREAWARD SAFETY CONFERENCE:

a. Where an apparent low bidder, in performance of contracts during the previous three-year period, incurred one or more accidents, or where, in the opinion of the Contracting Officer, there is any question regarding this compliance with any safety or accident prevention requirement, such bidder, on request of the Contracting Officer prior to any award under this solicitation, shall attend a conference with representatives of the Contracting Officer to discuss any such accidents or non-compliance, the reason for their occurrence, and measures which will be taken to preclude any recurrence thereof.

b. Information elicited at this conference will be used by the Contracting Officer, in conjunction with other information obtained in a preaward survey, in determining the bidder's responsibility.

c. The items discussed, the preventive measures considered, and any conclusions reached in this conference shall be recorded in minutes of the meeting, which shall be authenticated by the signatures of representatives of the bidder and the Contracting Officer, and any procedures noted therein as agreed upon shall become an obligation of the bidder, along with all other safety and accident prevention requirements of the contract, if award is made to him.

9. INCURRING COSTS:

The Government is not liable for any costs incurred by the Bidder submitting an Bid in response to this solicitation.

10. UNBALANCED BIDS:

Any Bid which is materially unbalanced as to prices for the Base Items and the Optional Items may be rejected as non-responsive or otherwise not considered for award. An unbalanced Bid is one which is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

11. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL:

The contractor shall not accept instructions issued by any person, employed by the U.S. Government or otherwise, other than the Contracting Officer or the Authorized Representative of the Contracting Officer acting within the limits of his/her authority as defined in the Designation of Authority letter. A copy of the Designation of Authority

12. DEPARTMENT OF LABOR WAGE DECISION (CONSTRUCTION)

Any contract awarded as a result of this solicitation will be subject to the U.S. Department of Labor Wage Decision(s) Number VA20200062, dated 05/22/2020.

13.REQUIRED INSURANCE:

The contractor shall procure and maintain during the entire period of performance under this contract, the following minimum insurance:

TYPE AMOUNT

Workers Compensation As required by State law Employer's Liability $100,000 per person General Liability $500,000 per occurrence Motor Vehicle Liability (For each motor vehicle):

Bodily injury or death $200,000 per person

$500,000 per occurrence Property damage $20,000 per occurrence

Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

14. PERFORMANCE OF WORK BY CONTRACTOR:

Bidder's attention is directed to FAR 52.236-1, "Performance of Work by Contractor." Contractor is required to furnish a description of the work which will be performed by his own organization, (e.g., earthwork, paving, etc.), the percentage of the total work this represents, and the estimated cost thereof. Such description of work to be performed by the contractor's own organization shall be provided to the Contracting Officer within 10 days of contract award.

15. PERFORMANCE EVALUATION OF CONTRACTOR:

As a minimum, the Contractor's performance will be evaluated upon final acceptance of the work. However, interim evaluations may be prepared at any time during contract performance when determined to be in the best interest of the Government. The format for the evaluation will be DD Form 2626, and the Contractor will be rated either "Outstanding," "Satisfactory," or "Unsatisfactory" in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised on any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation; all contractor comments will be made a part of the official record. In compliance with DOD FAR Supplement 236.201, Performance Evaluation Reports will be available to all DOD Contracting Offices for their future use in determining contractor responsibility.

16. ACCIDENT PREVENTION PLAN:

In accordance with the clause entitled "Accident Prevention," the contractor will not be allowed to commence work on the job site until an acceptable accident prevention plan has been submitted. The contractor will receive official notification of the acceptance of his accident prevention plan.

17. SUBCONTRACTING PLAN:

Submission Requirements (NOTE: this requirement does not apply to Small Business Offerors) If the apparent low bidder identified after bid opening is a large business firm, in accordance with the definition as identified in FAR Clause 52.219-1 ALT I, “SMALL BUSINESS PROGRAM REPRESENTATION,” the apparent low bidder must submit a small business subcontracting plan upon request of the Contracting Office, or no later than FORTY-EIGHT (48) hours of the bid opening.

The bidder will be required to provide as much specific information on proposed subcontracted effort for the contract as possible. The Small Business Subcontracting Plan shall be thorough and complete, as it will be incorporated into the contract upon award of the contract to the offeror, if acceptable and upon final approval of the Contracting Officer (SEE AFARS – APPENDIX DD Part 3 - Subcontracting Plan Requirements).

The plan shall include a description of the type of a description of the types of service the firm proposes to Subcontract with small business (SB), small disadvantaged business (SDB), women-owned small business (WOSB), HUBZone business and service disabled owned small business, along with the proposed percentages of their participation to demonstrate a plan to meet the subcontracting goals that will apply to these contracts. If practical, the bidder shall provide specific information on proposed subcontracted effort for this project.

18. IDENTIFICATION OF CORRESPONDENCE:

All correspondence and data submitted by the contractor under this contract shall reference the contract number.

19. INVOICING

INVOICES SHALL BE SENT TO THE FOLLOWING:

Invoices shall be submitted by ENG93, as required by Contract requirements, and cc’d Contracting Officer Representative (COR)

CONTRACTING OFFICER REPRESENTATIVE:

U.S. ARMY CORPS OF ENGINEERS

ATTN: James Campbell

803 FRONT STREET

NORFOLK, VA 23510-1096

EMAIL: James.N.Campbell@usace.army.mil

CONTRACTING OFFICER:

U.S. ARMY CORPS OF ENGINEERS

ATTN: Eartha D. Garrett

803 FRONT STREET

NORFOLK, VA 23510-1096

EMAIL: Eartha.D.Garrett@usace.army.mil

20. SPECIAL BID SUBMISSION INSTRUCTIONS DUE TO COVID-19

The Norfolk District anticipates the possibility that its building will be closed during the time for bid submission due to the evolving requirements arising in response to COVID-19. Accordingly, the Norfolk District will NOT accept bids my mail, hand-carry, or commercial courier (that is, no physical bids will be accepted in response to this solicitation). All bids must be submitted by electronic commerce only (that is, by submission via DoD SAFE, as discussed below, only)

Electronic Bid Submission in DoD SAFE

In accordance with (IAW) FAR 52.214-7, LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS, all bids must be received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. Eastern Day Time (EDT) on 16 September, 2020. Bids will be submitted through DoD Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/). DoD SAFE is the Government infrastructure utilized to secure bid proposals and IAW FAR 14.202-8, citing FAR 4.5, and as limited by the requirements of the AFARS, 5104.502-

90. All bids must be uploaded into DoD SAFE infrastructure not earlier than 27 August, 2020, and not later than (NLT) 16 September, 2020, at 5:00 p.m. Eastern Day Time (EDT). Bidders will require a unique “request code” to upload proposals into DoD SAFE, which must obtained by email only to POC: Stormie Wicks at Stormie.B.Wicks@usace.army.mil, and cc: PPMDContracts@usace.army.mil. The POC must receive the email for the “request code” NLT 16 September, 2020, at 3:00 p.m. EDT. The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments.

The Bidder is SOLELY responsible for ensuring that the entire bid has been received into DoD SAFE with a timestamp NLT 5:00 PM EST 16 September 2020 .

The electronic Bid submittal contents shall conform to the details of the solicitation and subsequent Amendments.

If the Bidder needs to re-access DoD SAFE, it will need to re-request another code.

Electronic Bid Opening

There will be a “public” bid opening conducted by the Government via teleconference on 17 September, 2020, at 2:00p.m. EDT for participating bidders. The teleconference phone number, and access codes will be emailed to participants once bid submission due date and time have lapsed. Bidders will be able to participate in the reading of the bids through this teleconference.

In the event the Norfolk District building is closed at the time of bid opening, a bid abstract containing bid results will be distributed to participating bidders within twenty-fours (24) hours of the bid opening. Upon request, the Norfolk District will make the opened bids available for examination.

The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments. If the bidder needs to re-access DoD SAFE, it will need to re-requestanother code.

If the bidder encounters technical challenges uploading, it may elect to transmit the files via e-mail to the addresses provided in the paragraph above. The subject line of the email must include: BID – W9123620B5026. The body of the email must not include any procurement sensitive information from the bid to avoid that information being disclosed prior to bid opening.

Bidders are STRONGLY encouraged to avoid waiting until the last minute to attempt to transmit their bids. The electronic bid submittal contents shall conform to the details of the solicitation and subsequent amendments.

Electronic Bid Uploading Bidders are responsible for ensuring electronic copies are virus-free and shall run an anti-virus scan before upload into DoD SAFE. Electronic copies shall be compatible with the following software products: Adobe Acrobat Reader 11 and Microsoft Office Suite (Excel and Project) 2010. The electronic copies shall be in Adobe Acrobat (except for Microsoft Excel documents) portable document file (pdf) searchable text format. Electronic files shall be clearly identified for each section and item as detailed in the solicitation. It is the Bidder’s responsibility to obtain written confirmation of receipt of all electronic files of the bid submitted into DoD SAFE.

Any questions regarding bid submission should be directed to Stormie Wicks in ProjNet.

SECTION 00 72 00 - GENERAL CONDITIONS

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)

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

52.203-14 DISPLAY OF HOTLINE POSTER(S) (JUN 2020)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from

(Contracting Officer shall insert—

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster);

and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

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.

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