g21b0012.pdf
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- Solicitation number
- W9126G21B0012
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This pre-solicitation notice provides details for an upcoming project to repair roads and construct restrooms at the Fort Sam Houston National Cemetery. The Department of the Army Corps of Engineers Engineering District Fort Worth will issue solicitation number W9126G21B0012 for road repairs and construction of new restroom facilities. Interested parties should monitor the Federal Business Opportunities website for release of the full solicitation in the coming weeks. The work includes repairing deteriorated roads throughout the cemetery as well as building two new ADA-compliant restrooms near the main entrance. The award is set for late summer 2021 with an estimated completion date of winter 2021.
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Design-Bid-Build Invitation for Bid
National Cemetery Road Repair and Restroom Facility Fort Sam Houston, TX
W9126G21B0012 March 2021 SDVOSB Set Aside
US Army Corps of Engineers Fort Worth District
Fort Sam Houston National Cemetery Road Repair and Restroom FSH19VAR
PROJECT TABLE OF CONTENTS
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
00 11 00.01 SOLICITATION, OFFER AND AWARD, SF-1442
00 11 00.02 CONTRACT LINE ITEM SCHEDULE
00 21 00 INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
00 45 00 REPRESENTATIONS AND CERTIFICATIONS
00 72 00 CONTRACT CLAUSES
00 73 00 SPECIAL CONTRACT REQUIREMENTS
00 73 46 WAGE DETERMINATION SCHEDULE
DIVISION 01 - GENERAL REQUIREMENTS
01 00 00.00 44 CONSTRUCTION SCHEDULE
01 30 00 ADMINISTRATIVE REQUIREMENTS
01 32 01.00 10 PROJECT SCHEDULE
01 33 00 SUBMITTAL PROCEDURES
01 33 29 SUSTAINABILITY REPORTING
01 35 13.01 44 SPECIAL PROJECT PROCEDURES FOR JOINT BASE SAN
ANTONIO/FORT SAM HOUSTON [AND CAMP BULLIS]
01 35 13.02 44 ISSUANCE OF ACCESS TO NON-COMMON ACCESS CARD CONTRACTORS,
VENDORS, AND NON-DOD CIVILIANS
01 35 13.03 44 TECHNICAL SUPPLEMENT TO THE DESIGN GUIDE FOR JOINT BASE
SAN ANTONIO/FORT SAM HOUSTON
01 35 13.10 00 SPECIAL PROJECT PROCEDURES - SURVEYING
01 35 13.20 00 SPECIAL PROJECT PROCEDURES - CAD
01 35 13.30 00 SPECIAL PROJECT PROCEDURES - GIS
01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS
01 42 00 SOURCES FOR REFERENCE PUBLICATIONS
01 45 00.00 10 QUALITY CONTROL
01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)
01 45 35 SPECIAL INSPECTIONS
01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS
01 56 39 TREE PROTECTION, REMOVAL AND PRUNING
01 57 20.00 10 ENVIRONMENTAL PROTECTION
01 57 24.01 44 STORM WATER POLLUTION PREVENTION PLAN (TEXAS)
01 57 25.00 44 SWPP PLAN INSPECTION AND MAINTENANCE REPORT FORM
01 58 00 PROJECT IDENTIFICATION
01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL
01 78 00 CLOSEOUT SUBMITTALS
01 78 23 OPERATION AND MAINTENANCE DATA
01 91 00 COMMISSIONING
DIVISION 02 - EXISTING CONDITIONS
02 41 00 DEMOLITION AND SITE CLEARING
DIVISION 03 - CONCRETE
03 30 53 (SHORT-FORM) CAST-IN-PLACE CONCRETE
03 40 00.00 10 PLANT-PRECAST CONCRETE PRODUCTS FOR BELOW GRADE
CONSTRUCTION
DIVISION 04 - MASONRY
04 05 13 MASONRY MORTARING
04 05 16 MASONRY GROUTING
04 20 00 UNIT MASONRY
PROJECT TABLE OF CONTENTS Page 1
04 43 00 NATURAL STONE VENEER
04 72 00 CAST STONE MASONRY
DIVISION 05 - METALS
05 12 00 STRUCTURAL STEEL FRAMING
05 40 00 COLD-FORMED METAL FRAMING
05 50 00 METAL FABRICATIONS
DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES
06 10 00 ROUGH CARPENTRY
06 16 63 ROUGH CARPENTRY
06 20 00 FINISH CARPENTRY
06 65 10 SOLID SURFACE FABRICATIONS
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
07 11 13 BITUMINOUS DAMPPROOFING
07 21 13 THERMAL INSULATION
07 27 00 AIR BARRIERS
07 27 10.00 10 BUILDING AIR BARRIER SYSTEM
07 27 19.01 SELF-ADHERING AIR BARRIERS
07 27 26 FLUID-APPLIED MEMBRANE AIR BARRIERS
07 27 36 SPRAY FOAM AIR BARRIERS
07 41 13 STANDING SEAM METAL ROOF
07 46 46 FIBER CEMENT SIDING
07 60 00 FLASHING AND SHEET METAL
07 92 00 JOINT SEALANTS
DIVISION 08 - OPENINGS
08 11 13 HOLLOW METAL DOORS AND FRAMES
08 14 00 INTERIOR WOOD DOORS
08 31 13 ACCESS DOORS AND FRAMES
08 41 13 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS
08 71 00 DOOR HARDWARE
08 71 13.11 LOW ENERGY POWER ASSIST DOOR OPERATORS
08 80 00 GLAZING
08 90 00 LOUVERS AND VENTS
DIVISION 09 - FINISHES
09 06 00 SCHEDULE FOR FINISHES
09 22 16 NON STRUCTURAL METAL FRAMING
09 29 00 GYPSUM BOARD
09 30 13 PORCELAIN TILING
09 65 13 RESILIENT BASE AND ACCESSORIES
09 91 00 PAINTING
09 97 05 FIBER REINFORCED PLASTIC
DIVISION 10 - SPECIALTIES
10 14 00 SIGNAGE
10 21 13 TOILET COMPARTMENTS
10 28 00 TOILET ACCESSORIES
10 44 13 FIRE EXTINGUISHER CABINETS
DIVISION 22 - PLUMBING
PROJECT TABLE OF CONTENTS Page 2
22 05 11 COMMON WORK RESULTS FOR PLUMBING
22 05 12 GENERAL MOTOR REQUIREMENTS FOR PLUMBING EQUIPMENT
22 05 19 METERS AND GAGES FOR PLUMBING PIPING
22 05 23 GENERAL-DUTY VALVES FOR PLUMBING PIPINGG
22 07 11 PLUMBING INSULATION
22 08 00 COMMISSIONING OF PLUMBING SYSTEMS
22 11 00 FACILITY WATER DISTRIBUTION
22 13 00 FACILITY SANITARY AND VENT PIPING
22 33 00 ELECTRIC DOMESTIC WATER HEATERS
22 40 00 PLUMBING FIXTURES
DIVISION 23 - HEATING, VENTILATING, AND AIR CONDITIONING (HVAC)
23 05 11 COMMON WORK RESULTS FOR HVAC
23 05 12 GENERAL MOTOR REQUIREMENTS FOR HVAC EQUIPMENT
23 05 41 NOISE AND VIBRATION CONTROL FOR HVAC PIPING AND EQUIPMENT
23 05 93 TESTING, ADJUSTING, AND BALANCING FOR HVAC
23 07 11 HVAC AND BOILER PLANT INSULATION
23 08 00 COMMISSIONING OF HVAC SYSTEMS
DIVISION 26 - ELECTRICAL
26 05 11 REQUIREMENTS FOR ELECTRICAL INSTALLATIONS
26 05 21 LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES (600
VOLTS AND BELOW)
26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS
26 05 33 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS
26 05 41 UNDERGROUND ELECTRICAL CONSTRUCTION
26 24 16 PANELBOARDS
26 27 26 WIRING DEVICES
26 51 00 INTERIOR LIGHTING
26 56 00 EXTERIOR LIGHTING
DIVISION 28 - ELECTRONIC SAFETY AND SECURITY
28 31 00 FIRE DETECTION AND ALARM
DIVISION 31 - EARTHWORK
31 00 00 EARTHWORK
31 11 00 CLEARING AND GRUBBING
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 01 19 FIELD MOLDED SEALANTS FOR SEALING JOINTS IN RIGID
PAVEMENTS
32 11 23 AGGREGATE BASE COURSE
32 11 29 LIME-STABILIZED SUBGRADE
32 12 13 BITUMINOUS TACK AND PRIME COATS
32 12 16 HOT-MIX ASPHALT (HMA) FOR ROADS
32 13 13.06 PORTLAND CEMENT CONCRETE PAVEMENT FOR ROADS AND SITE
FACILITIES
32 16 13 CONCRETE SIDEWALKS AND CURBS AND GUTTERS
32 17 23.00 20 PAVEMENT MARKINGS
32 30 00 SITE FURNISHINGS
32 84 00 PLANTING IRRIGATION
32 90 00 PLANTING
PROJECT TABLE OF CONTENTS Page 3
DIVISION 33 - UTILITIES
33 11 00 WATER DISTRIBUTION
33 12 33.00 30 WATER METERS
33 30 00 SANITARY SEWERS
33 40 00 STORM DRAINAGE UTILITIES
-- End of Project Table of Contents --
PROJECT TABLE OF CONTENTS Page 4
Fort Sam Houston (FSH) National Cemetery Road Repairs and Restroom Building at Joint Base San Antonio (JBSA), TX
Set-Aside: Service Disabled Veteran Ow ned Small Business (SDVOSB) Firms
Firm-Fixed Price
NAICS Code: 237310
FAR 36.204(f) - Magnitude of Construction is betw een $1,000,000 - $5,000,000
Point of Contract: Jeffrey M. Haubenreiser, E-mail: Jeffrey.M.Haubenreiser@usace.army.mil
X
JEFFREY M HAUBENREISER
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS
NEGOTIATED
19-Mar-2021
(RFP)
(IFB)
CALL:
FSH National Cemetery Restroom Bldg & Road Repair
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
See Item 7
2. TYPE OF SOLICITATION
SEALED BID
3. DATE ISSUED
9. FOR INFORMATION A. NAME
SOLICITATION
NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
11. The Contractor shall begin performance w ithin _______10 calendar days and complete it w ithin ________280 calendar days after receiving aw ard, X notice to proceed. This performance period is X mandatory, negotiable. (See _________________________52.211-10
12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES," indicate within how many calendar days after award in Item 12B.)
X YES NO
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A. Sealed offers in original and __________0 copies to perform the w ork required are due at the place specif ied in Item 8 by ___________ local time ______________19 Apr 2021 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.
shall be marked to show the offeror's name and address, the solicitation number, and the date and time of fers are due.
B. An offer guarantee X is, is not required.
C. All offers are subject to the (1) w ork requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D. Offers providing less than _______90 calendar days for Government acceptance after the date offers are due w ill not be considered and w ill be rejected.
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
7. ISSUED BY CODE
US ARMY CORPS OF ENGINEERS FORT WORTH
819 TAYLOR ST, CT OFC RM 2A17
FORT WORTH TX 76102-0300
W9126G
PAGE OF PAGES
1 OF
CODE
(Title, identifying no., date):
12B. CALENDAR DAYS
10:00 AM (hour)
Sealed envelopes containing offers
5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.
473901
8. ADDRESS OFFER TO (If Other Than Item 7)
(817) 886-6403FAX:TEL: TEL: FAX:
W9126G21B0012 174
20B. SIGNATURE
(REV. 4-85)STANDARD FORM 1442 BACK
TO SIGN
NSN 7540-01-155-3212
SOLICITATION, OFFER, AND AWARD (Continued) (Construction, Alteration, or Repair)
CODE FACILITY CODE
17. The offeror agrees to perform the w ork required at the prices specif ied below in strict accordance w ith the terms of this solicitation, if this offer is accepted by the Government in w riting w ithin ________ calendar days after the date offers are due.
the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS SEE SCHEDULE OF PRICES
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
(4 copies unless otherwise specified)
CODE
(Insert any number equal to or greater than
20C. OFFER DATE
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) 41 U.S.C. 253(c)
CODE27. PAYMENT WILL BE MADE BY:26. ADMINISTERED BY
(Include ZIP Code)14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)
See Item 14
(Include only if different than Item 14)16. REMITTANCE ADDRESS
30B. SIGNATURE
29. AWARD (Contractor is not required to sign this document.)
document and return _______ copies to issuing office.) Contractor agrees Your of f er on this solicitation, is hereby accepted as to the items listed. This award con-to f urnish and deliv er all items or perf orm all work, requisitions identif ied summates the contract, which consists of (a) the Gov ernment solicitation and on this f orm and any continuation sheets f or the consideration stated in this y our of f er, and (b) this contract award. No f urther contractual document is contract. The rights and obligations of the parties to this contract shall be necessary .
gov erned by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certif ications, and specif ications or incorporated by ref er-ence in or attached to this contract.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)
30C. DATE
(Type or print)
TEL: EMAIL:
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this28. NEGOTIATED AGREEMENT
(M ust be fully completed by offeror)OFFER
Section: 00 11 00 W9126G21B0012
Item Unit Line Item No. Description Quantity Unit Price Amount
0001 Repair and replacement of roads and all other incidentals per the drawings and specifications. 1 JOB $ *** $
0002 Construction of a new Restroom Facility including site work, irrigation, signage, and all other incidentals per the drawings and specifications.
1 JOB $ *** $
National Cemetery Road Repair and Restroom Facility
FY 20
TOTAL BASE OFFER
*Note: Contract duration for all work shall NOT exceed the duration specified in Section 01 00 00.00
44 CONSTRUCTION SCHEDULE.
CONTRACT LINE ITEM SCHEDULE
Section: 00 11 00 W9126G21B0012
National Cemetery Road Repair and Restroom Facility
FY 20
CONTRACT LINE ITEM SCHEDULE
NOTES:
NOTE NO. 1. To better facilitate the receipt and proposal process, all modifications to proposals are to be submitted on copies of the latest Contract Line Item (CLIN) schedules as published in the solicitation or the latest amendment thereto. In lieu of indicating additions/deductions to line items, all Offerors should state their revised prices for each item.
NOTE NO. 2. Offerors must insert a price on all numbered items of the CLIN Schedule. Failure to do so may result in the offer being unacceptable
NOTE NO. 3. Responders are advised that this requirement may be delayed, cancelled or revised at any time during the solicitation, selection, evaluation, negotiation and/or final award process based on decisions related to DOD changes in force structure and disposition of the Armed Forces.
NOTE NO. 4. Any proposal that is materially unbalanced as to prices for the Base Schedule may be rejected. An unbalanced proposal is one that is based on prices significantly less than the cost for some work and prices that are significantly overstated for other work and can also exist where only overpricing or underpricing exists.
NOTE NO. 5. ABBREVIATIONS
For the purpose of this solicitation, the units of measure are represented as follows:
a. JOB
NOTE NO 6. Profit will not be paid on bonds or insurance.
END OF CLIN SCHEDULE
Section 00 21 00 - Instructions, Conditions and Notices to Offerors
INSTRUCTION TO OFFERORS
SEALED BIDDING
INSTRUCTIONS, CONDITIONS, AND NOTICE TO OFFERORS
1. INQUIRIES
OFFEROR'S QUESTIONS AND COMMENTS
All questions and/or comments are to be submitted via ProjNet.
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.
The Solicitation Number is: W9126G21B0012 The Bidder Inquiry Key is: 4JDHW5-JZ68NA
Last day to submit ProjNet questions is 7 calendar days prior to bid closure date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.
Offerors 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 Standard Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.
2. INSTRUCTIONS TO OFFERORS SPECIAL INSTRUCTIONS PERTAINING TO
ELECTRONIC BIDS SUBMISSION (FAR 14.302 & 14.304)
a. All bids and a electronic copy of the SF24 Bid Bond MUST be received via email to jeffrey.m.haubenreiser@usace.army.mil and eric.j.hurtado@usace.army.mil and no later than 19 April 2021 at 10:00 AM (CT). No original hardcopies will be accepted other than original bid guarantee.
LATE BIDS WILL NOT BE RECEIVED. LATE BIDS WILL NOT BE READ.
b. Electronically submitted offers must include the completed SF 1442 (in accordance with FAR
52.214-18), Acknowledgement of all amendments, completed CLIN schedule, and a copy of the original Bid Bond.
c. Offers received will be publicly opened “Electronically” at the following location:
US Army Engineer SWF District, Fort Worth 819 Taylor St, Room 2A17 Fort Worth, TX 76102 “Electronically” 19 Apr 2021
1:00 PM (CT)
d. Teleconference Dial-in Information for the public is:
Call-in: +1-844-800-2712 US Toll Free +1-669-234-1177 US Toll Access Code: 199 278 2952
e. Please note, oral explanations or instructions are not binding. Any information given to an Offeror which impacts the solicitation and/or offer will be given in the form of a written amendment to the solicitation.
f. SENDING FILES. In an effort to reduce paperwork and reduce cost, all bids shall be submitted electronically. All submissions should be in Adobe PDF format. Title the file(s) in the following format:
W9126G21B0012_COMPANY NAME_DESCRIPTION
Upload Completion & Deadline. Interested parties shall submit responses no later than the date specified on solicitation document. The time & date of bid receipt will be the upload completion / delivery time & date recorded.
g. Original copies of the Bid Bond shall be submitted to the following point of contact postmarked NLT bid due date and received NLT two (2) business days after the bid due date.
US Army Engineer District, SWF District, Fort Worth ATTN: Jeffrey M. Haubenreiser 819 Taylor St, Room 2A17 Fort Worth, TX 76102-0300
h. OFFERS BY TELEGRAPH. Offers received by telegraph, modifications thereto, or cancellations of offers WILL NOT BE ACCEPTED.
i. FACSIMILE OFFERS. Facsimile offers, modifications thereto, or cancellations of offers WILL
NOT BE ACCEPTED.
j. EMAIL. Modifications and cancellations of offers will be accepted if received by the time specified in the solicitation.
k. RESPONSIBILITY. Award will be made to the lowest, responsible bidder whose bid, conforming to the invitation for bids, will be the most advantageous to the Government. To be determined responsible, the apparent low bidder shall:
(1) Have adequate financial resources to perform the contract, or the ability to obtain them. The contractor will be required to provide the Name of the Financial Institution, POC, and phone number.
(2) Have a satisfactory performance record. The contractor shall have no performance annotated with an individual rating of less than SATISFACTORY in the Contractor Performance Assessment Reporting System (CPARS) within the last six years.
(3) Have a satisfactory record of integrity and business ethics. Awardee will be required to provide at least three (3) references for like work, to include Business Name, Point of Contact, and telephone number.
(4) 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).
(5) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and
(6) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.
3. NOTIFICATION OF UNSUCCESSFUL BIDDERS. All contract award information for this solicitation will be published electronically on BetaSam at www.beta.sam.gov Solicitation Number W9126G21B0012.
4. WRITTEN UNSUCCESSFUL BIDDER LETTERS WILL NOT BE ISSUED.
5. PREPROPOSAL CONFERENCE / SITE VISIT
See FAR clause 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I
(FEB 1995)
NOTE: Remarks and explanations addressed during the conference shall not qualify or alter the terms and conditions of the solicitation.
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-17 Ownership or Control of Offeror AUG 2020 52.207-1 Notice Of Standard Competition MAY 2006 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --
Certification.
JUL 2020
52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction
FEB 1999
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
CLAUSES INCORPORATED BY FULL TEXT
52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.
(End of provision)
52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 2016)
(a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.
(b) (1) Bidders shall acknowledge receipt of any amendment to this solicitation--
(i) By signing and returning the amendment;
(ii) By identifying the amendment number and date in space provided for this purpose on the form for submitting a bid;
(iii) By letter;
(iv) By facsimile, if facsimile bids are authorized in the solicitation; or
(v) By email, if email bids are authorized in the solicitation.
(2) The Government must receive the acknowledgement by the time and at the place specified for receipt of bids.
52.214-4 FALSE STATEMENTS IN BIDS (APR 1984)
Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments.
The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001.
52.214-5 SUBMISSION OF BIDS (DEC 2016)
(a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder.
(b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation.
(c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation.
(d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation.
52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984)
Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.
52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (NOV 1999)
(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the IFB. If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due.
(b)(1) Any bid, modification, or withdrawal received at the Government office designated in the IFB after the exact time specified for receipt of bids is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late bid would not unduly delay the acquisition; and--
(i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids; or
(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government's control prior to the time set for receipt of bids.
(2) However, a late modification of an otherwise successful bid that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and urgent Government requirements preclude amendment of the IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid.
52.214-18 PREPARATION OF BIDS--CONSTRUCTION (APR 1984)
(a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form.
(b) The bid form may require bidders to submit bid prices for one or more items on various bases, including--
(1) Lump sum bidding;
(2) Alternate prices;
(3) Units of construction; or
(4) Any combination of subparagraphs (1) through (3) above.
(c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted.
(d) Alternate bids will not be considered unless this solicitation authorizes their submission.
52.214-19 CONTRACT AWARD--SEALED BIDDING--CONSTRUCTION (AUG 1996)
(a) The Government will evaluate bids in response to this solicitation 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.
(b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received.
(c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid.
(d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.
(End of provison)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.
52.228-1 BID GUARANTEE (SEP 1996)
(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.
(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.
The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-
(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less.-
(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-
(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:
USACE Fort Worth Contracting Divisions Attention: Eric J. Hurtado 819 Taylor St.
Fort Worth, TX 76102 SWF-Protest@usace.army.mil eric.j.hurtado@usace.army.mil
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
52.236-27 SITE VISIT (CONSTRUCTION) – ALTERNATE I (FEB 1995)
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for--
Date: 31 Mar 2021 Time: 10:00 AM CT POC: Chevron Blond Email: Chevron.D.Blond@usace.army.mil Phone: (817) 228-0037
(c) Participants will meet at—
Administration Bldg, Fort Sam Houston (FSH) National Cemetery, 1520 Harry Wurbach Rd, San Antonio, TX 78209
52.236-28 PREPARATION OF PROPOSALS--CONSTRUCTION (OCT 1997)
(a) Proposals must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a proposal must initial each erasure or change appearing on any proposal form.
(b) The proposal form may require offerors to submit proposed prices for one or more items on various bases, including--
(1) Lump sum price;
(2) Alternate prices;
(3) Units of construction; or
(4) Any combination of paragraphs (b)(1) through (b)(3) of this provision.
(c) If the solicitation requires submission of a proposal on all items, failure to do so may result in the proposal being rejected without further consideration. If a proposal on all items is not required, offerors should insert the words “no proposal” in the space provided for any item on which no price is submitted.
(d) Alternate proposals will not be considered unless this solicitation authorizes their submission.
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.236-7008 CONTRACT PRICES - BIDDING SCHEDULES. (DEC 1991)
(a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for --
(1) Furnishing all plant, labor, equipment, appliances, and materials; and
(2) Performing all operations required to complete the work in conformity with the drawings and specifications.
(b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule.
Section 00 45 00 - Representations and Certifications
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.
(2) The small business size standard is $39,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)
(a) Definition. As used in this provision--
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
(b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.
(c) CAGE codes may be obtained via--
(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and
Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).
(2) The DLA Commercial and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.
(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity's country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.
(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.
(e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government.
(f) Do not delay submission of the offer pending receipt of a CAGE code.
(g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award.
(End of Provision)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to…
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