W9128A-20-R-0016 Am-0003.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

Repair Building 502, Fort Shafter, Oahu, Haw aii

See Continuation Page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY

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 W9128A20R0016

X 9B. DATED (SEE ITEM 11)

06-Aug-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 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.

Am-0003

5. PROJECT NO.(If applicable)

6. ISSUED BY CODE

CEPOH - CONTRACTING DIVISION HAWAII

USACE, HONOLULU DISTRICT

BLDG 252 (CECT-POH)

FT. SHAFTER HI 96858-5440

W9128A 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

3. EFFECTIVE DATE

21-Aug-2020

W9128A20R0016 Am-0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

1. CHANGES TO SPECIFICATIONS. Attached hereto are revised pages/paragraphs to the specifications. The revision mark “(Am-0003)” is shown on each revised page.

a. REVISED SECTIONS. The following are revised pages to the solicitation. Changes are marked in “*” asterisks and/or in bold.

Section 00 10 00 – Pages 2, 3 Section 00 21 16 – Page 1 Section 00 22 16 – Pages 5, 6, 9, 11 Section 00 45 00 – Pages 11, 12, 22

b. NEW SECTIONS. The following are new pages to the solicitation.

Section 00 45 00 – Pages 23, 24

2. The proposal due date and time remain unchanged.

Section 00 10 00 – Page 2

NOTES TO PROPOSAL SCHEDULE:

1. This procurement is UNRESTRICTED.

2. Failure to provide an offer on all CLINs listed in the Proposal Schedule may cause the Offeror to be ineligible for award.

3. The basis of award will be in accordance with Section 00 22 16, Proposal Submission Requirements and Evaluation Factors.

4. See Section 00 21 16, FAR Provision 52.217-5 Evaluation of Options. By submission of a price under the Option, the Offer agrees that the Government may exercise the OPTION at any time within 270 calendar days following the date of the award of the basic contract.

5. Offerors must have and/or maintain an active registration with the System for Award Management (SAM) website. The Government will only award a contract to an offeror actively registered in the SAM database. To register in SAM, go to http://www.sam.gov.

6. Small Business Subcontracting Plan (applies if the Offeror is other than a small business concern):

If the Offeror is other than a small business concern, the Offeror shall submit a subcontracting plan with the proposal, in accordance with FAR 52.219-9. See Section 00 22 16, Appendix A for a sample. During proposal evaluation the Contracting Officer will request an electronic format of the offeror’s subcontracting plan, of what was submitted with the proposal. See Section 00 22 16, Paragraph 7.1.10 for requirements associated with the Subcontracting Plan.

7. Each Offeror must submit the following documents electronically in PDF format. Failure to submit all required documents electronically in PDF format may result in the Bidder being considered non-responsive. Please refer to Section 00 73 00, Appendix A – Electronic Bid Submissions, for further instructions.

a. SF 1442 (pages 1 and 2) including acknowledging all amendments

b. Proposal Schedule

c. Section 00 45 00, Representations and Certifications

d. Section 00 45 00, Representations and Certifications, Appendix A – SF LLL Disclosure of

Lobbying Activities

e. Volumes 1 and 2 in response to Section 00 22 16

8. The magnitude of this construction project is $25,000,000 - $50,000,000.

9. Technical inquiries and questions relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet. Please refer to Section 00 73 00, Appendix B – Bidder Questions and Comments, for further instructions.

10. The quantities identified in CLINs 0002, 0003 and 0004 are estimated, and they are subject to FAR clause 52.211-18, Variation in Estimated Quantity.*

(Am-0003)

Section 00 10 00 – Page 3

PAYMENT(S)

Compensation for all work to be performed under this contract will be made under the payment item(s) listed herein. The principal features of the work to be included under the payment items are noted. Work required by drawings and specifications and not particularly mentioned shall be included in and be paid for under the contract price for the item to which the work pertains. Prices and payments for the items shall cover all work, complete and finished in accordance with the specifications, schedules, and drawings, and shall be full compensation for all work in connection therewith, including quality control and cost of performance-and payment-bond premiums as specified in the CONTRACT CLAUSES.

Prices and payments shall constitute full and final compensation for furnishing all materials, equipment, management, supervision labor, transportation, fuel, power, water, lodging and all incidental items necessary to complete the work, except as otherwise specified to be furnished by the Government. For the purpose of CONTRACT CLAUSE entitled “PROMPT PAYMENT FOR CONSTRUCTON CONTRACTS”, the term “designated billing office” and “designated payment office” are as follows:

a. Billing Office

U.S. Army Corps of Engineers, Honolulu District Fort Shafter Area Office, Bldg 230 Fort Shafter, HI 96858-5440

b. Payment Office

USACE Finance Center Attn: CEFC-FP 5722 Integrity Drive Millington, TN 38054-5005

Item numbers mentioned herein after correspond to the item numbers in the PROPOSAL SCHEDULE.

CLIN 0001, Building Repair will be paid for at the contract price, complete and ready for use, including abatement, demolition, site work, structural work, architectural work, mechanical work, electrical work, fire protection systems work, communications work, testing, cleanup, and all incidental items necessary to complete the work.

CLIN 0002, Concrete Spall and Void Repair, will be paid for at the contract price, complete and ready for use, including removal work, concrete patching, architectural finishing, cleanup, and all incidental items necessary to complete the work. Any quantity in excess of the contract amount will be paid at the unit price. Any quantity less than the contract amount will be credited to the Government at the unit price.

CLIN 0003, Rebar Repair, will be paid for at the contract price, complete in place and ready for use, including installation of rebar, cleanup, and all incidental items necessary to complete the work. Any quantity in excess of the contract amount will be paid at the unit price. Any quantity less than the contract amount will be credited to the Government at the unit price.

CLIN 0004, Concrete Crack Repair with Epoxy Injection, will be paid for at the contract price, complete in place and ready for use, including installation of epoxy resin, architectural finishing, cleanup, and all incidental items necessary to complete the work. Any quantity in excess of the contract amount will be paid at the unit price. Any quantity less than the contract amount will be credited to the Government at the unit price.

Section 00 21 16 – Page 1

Section 00 21 16 - Instructions to Proposers

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.207-1 Notice Of Standard Competition MAY 2006 52.207-2 Notice Of Streamlined Competition MAY 2006 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-16 Facilities Capital Cost of Money JUN 2003 52.217-5 Evaluation of Options JUL 1990 52.236-28 Preparation of Proposals--Construction OCT 1997

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price contract resulting from this solicitation.

(End of provision)

52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY

2014)

(a)(1) The offeror shall notify the Government if the offeror intends to perform work at any secondary site of the work, as defined in paragraph (a)(1)(ii) of the FAR clause at 52.222-6, Construction Wage Rate Requirements, of this solicitation.

(2) If the offeror is unsure if a planned work site satisfies the criteria for a secondary site of the work, the offeror shall request a determination from the Contracting Officer.

(b)(1) If the wage determination provided by the Government for work at the primary site of the work is not applicable to the secondary site of the work, the offeror shall request a wage determination from the Contracting Officer.

(2) The due date for receipt of offers will not be extended as a result of an offeror's request for a wage determination for a secondary site of the work.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Section 00 22 16 – Page 5

3.4.3 Format and Contents of the Price Proposal and List of Tabs. The Technical Proposal shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents, as indicated in the following chart below.

TAB CONTENTS OF THE TECHNICAL PROPOSAL – Volume 1

1 Coversheet

2 Experience

3 Past Performance

4 Technical Approach

Volume 1, TAB 1: Proposal Cover Sheet. The proposal cover sheet is required by FAR 52.215-1(2)(c )(i)-9v) and must be submitted by all Offerors. This provision, titled “Instruction to Offerors – Competitive Acquisition” and the format for the proposal coversheet as indicated below:

PROPOSAL COVER SHEET

1. Solicitation Number

2. The name, address, and telephone and facsimile numbers of the Offeror (and electronic address if available).

2. 3. Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this solicitation.

3. 4. Name, title, and signature of the person who is authorized to sign the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

4.0 Volume 1, Tab 2: Experience

4.1 Factor 1 – Experience

4.1.1 Submission Requirements:

a. The Offeror shall submit a contract portfolio with a minimum of two (2) and a maximum of five (5) contracts.

If more than five (5) contracts are submitted, only the first five (5) contracts will be evaluated.

A “contract” is defined as a single contract or a single task order performed under a MATOC (Multiple Award Task Order Contract)/SATOC (Single Award Task Order Contract)/IDIQ (Indefinite Delivery Indefinite Quantity Contract).

b. Attachment A Contract Data

The Offeror shall submit a completed Attachment A “Experience Information” form for each contract, not to exceed the page limitation in paragraph 3.4.2. All blocks must be filled in and all data should be accurate, current and complete. Failure to provide accurate, current or complete information may be cause to eliminate a contract from consideration in the evaluation.

Section 00 22 16 – Page 6

Any pages that exceed this page limitation will not be considered.

c. Narrative Description Criteria

In addition to Attachment A, the Offeror shall provide a narrative description of each contract included in its proposal within the page limitation per paragraph 3.4.2. Each narrative shall contain a clear explanation of how the contract is similar in size, scope, and complexity to that outlined in the solicitation. At a minimum, each Offeror shall clearly demonstrate how the Offeror’s experience meets the following:

Renovation or new construction of multi-story barracks/multi-unit housing type projects.

d. Joint Ventures

If the Offeror is a Joint Venture (JV) and the JV does not have experience working as a JV, each of the parties in the JV may submit experience on behalf of the Offeror. All references herein to “the Offeror” include all proposed joint venture parties. Submitted contracts by parties in a joint-venture or from the joint-venture itself will be considered and evaluated if the party or the joint-venture itself was the prime contractor. Information provided as to potential sub-contractors (not included in the joint venture) will not be considered or evaluated.

The JV shall submit a minimum of two (2) and no more than five (5) relevant contracts. The submitted contracts could have been performed by either of the JV parties.

4.1.2 Relevant Contracts

In order to be considered relevant, a contract (including a task order issued under an IDIQ-type contract) must be similar in size, scope, and complexity to the work required by the solicitation and meet the following criteria:

a. Each submitted contract was substantially complete within six (6) ten (10) years before the date this solicitation was issued. “Substantially complete” means a contract administrator or equivalent determined that the terms of contract were fulfilled to the extent that the constructed product could be occupied or used for its intended purposes. Evidence provided by the owner/contracting agency or CPARS documentation must be included in the proposal to demonstrate the date the contract was substantially complete.

Documentation in regard to substantial completion does not count against the page limitations in paragraph 3.4.2.

b. For each submitted contract, the Offeror (or the party in the JV, in the case of an Offeror JV, per paragraph 4.1.1.d.) was the prime contractor.

c. For each submitted contract, the final contract amount (after any modifications) was $25,000,000 or greater.

d. A minimum of one of the otherwise relevant renovation contracts was performed at a remote location (Hawaii or site similar to Hawaii). Offeror must describe how a project that was performed at a location other than Hawaii was similar to Hawaii.

e. The Offeror must submit at least two (2) and no more than five (5) relevant contracts. The Offeror must submit at least one renovation contract that meets paragraph 4.1.2 items a through c. The remaining contracts submitted may be either new construction or renovation, but must meet paragraph 4.1.2 items a through c.

4.1.3 Evaluation Criteria

The Government will evaluate to determine if the Offeror’s proposal complies with the submission requirements in paragraph 4.1.1 and the relevancy criteria in paragraph 4.1.2. The Government will then assign an adjectival rating in accordance with paragraph 4.1.4.

Section 00 22 16 – Page 9 payment to subcontractors or suppliers, small business participation, safety, relations between owner and contractor, level of support for such things as as-built documentation, Operations and Maintenance (O&M) manuals, training, correcting construction errors, warranty work, etc. The Government will not release the interview forms to the Offeror at any time, in order for the Government to solicit candid, unbiased interview comments.

c. In addition to the information provided above, the Government may obtain and evaluate additional past performance information from the Client on the submitted projects, or other relevant projects completed by the Offeror before five (5) ten (10) years from the date this solicitation was issued. The Government may contact and interview the Client (on a submitted contract), and reserves the right to interview other individuals acting for the listed owners or the owner’s representative listed as a reference, if the listed reference is not available. The Government may use personal knowledge or information from other sources in its evaluation of an Offeror’s past performance. In rating past performance, the Government may consider available past performance information that it discovers on predecessor companies. The Government’s evaluation is not limited to past performance information on the submitted example contracts. Offerors without a history of past performance will receive a rating of “Unknown”.

d. Each entity (firm) will be rated on its own performance or that of its predecessor, if relevant.

Note: In the case of an Offeror without a record of past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (See FAR 15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have an Unknown past performance. In the context of acceptability / unacceptability, “Unknown” shall be considered “Acceptable”.

5.1.4 The Government will use the following as the basis of evaluation:

Factor 2, Past Performance

Adjectival Rating Definition

Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is Unknown.

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

6.0 Volume 1, Tab 4: Technical Approach

6.1 Factor 3 – Technical Approach

6.1.1 Submission Requirements:

The Offeror shall:

a. Describe how it will manage its resources, including its staff, subcontractors and suppliers.

b. Describe how it will manage the major elements of work and sequencing, including but not limited to demolition, grading/site work, site utilities, paving, concrete, roofing, painting, carpentry, casework, plumbing, HVAC, electrical distribution, lighting, telecom, fire protection, and elevator.

c. Describe how it will mobilize to prepare for and execute this project.

d. Describe the authorities and delegations of authorities.

e. Explain how it will address logistical, personnel, material sourcing, and transportation challenges of executing this project.

Section 00 22 16 – Page 11

7.1.3 Format and Contents of the Price Proposal and List of Tabs. The Price Proposal shall be tabbed and labeled in a manner to afford easy identification from a Table of Contents, as indicated in the following chart below.

TAB CONTENTS OF THE PRICE PROPOSAL – Volume 2

1 Coversheet

2 The SF1442 and Acknowledgement of Amendments

3 Section 00 10 00, Proposal Schedule

4 Bonding Capability

Copy of Representations and Certifications completed electronically via the System for Award Management (SAM.gov).

6 JV Agreement or Articles of Organization for LLC, if applicable.

7 Subcontracting Plan (only required for Large Business Concerns)

HUBZONE CONTRACTORS. This RFP includes Contract Clause 52.219-4 regarding a 10% evaluation preference for HUBZone small business concerns. HUBZone small business concerns electing to waive their evaluation preference shall submit a copy of clause 52.219-4 indicating such. HUBZONE small business concerns not waiving the evaluation preference shall submit a copy of their SBA certification letter under this tab.

Supplemental Price Breakdown. If deemed necessary to evaluate elements of the price proposal, the Government will request a breakdown of elements of the price in a sealed envelope marked “Price Breakdown Information”, in Excel format. The Government will provide details on where and how to send the breakdown. This information will not be needed sooner than three (3) working days after proposal submission due date. This information may be required for the initial proposal, and if requested, for any revised proposals.

This information is not an opportunity for an Offeror to revise its non-price or price proposal.

7.1.4 Volume 2, TAB 1: Proposal Cover Sheet. The proposal cover sheet is required by FAR 52.215-1(2)(c)(i)-9v) and must be submitted by all Offerors. This provision, titled “Instruction to Offerors – Competitive Acquisition” and the format for the proposal coversheet as indicated below:

PROPOSAL COVER SHEET

1. Solicitation Number

2. The name, address, and telephone and facsimile numbers of the Offeror (and electronic address if available).

4. 3. Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the Offeror’s behalf with the Government in connection with this solicitation.

5. 4. Name, title, and signature of the person who is authorized to sign the proposal.

Proposals signed by an agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been previously furnished to the issuing office.

Section 00 45 00 – Page 11

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (JUN 2018)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/t/avc/rls/rpt/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

Section 00 45 00 – Page 12

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless--

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision) *

Section 00 45 00 – Page 22

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) 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);

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

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS--CERTIFICATION (JUL 2020)

(a) This provision does not apply to acquisitions below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

____ (1) The Offeror certifies that--

(i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to

Section 00 45 00 – Page 23

Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available via the internet at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or

____ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries.

(2) If there may have been such activity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless--

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

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(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has--

(i) Waived application under U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C.2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.

(End of provision) *