A.8.6 SF30 AM-0001-W912HV21B0004_LSA Sagami Depot-FINAL .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

Logistic Support Area, Sagami General Depot, Japan

See continuation page(s).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 01-Apr-2021

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 W912HV21B0004

X 9B. DATED (SEE ITEM 11)

11-Feb-2021

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. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

01-Apr-2021

CODE

CONTRACTING DIVISION

USACE-JAPAN DISTRICT

RM 147, BLDG. 250

CAMP ZAMA

ZAMA-CITY, KANAGAWA 252-8511

JAPAN

W912HV 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HV21B0004

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:

SF30

14. DESCRIPTION OF AMENDMENT (continued)

A. CHANGES TO SPECIFICATIONS – The amendment mark “(AM-0001)” is shown on each page of the amended specification section(s).

(1) Revised Section(s) to Project Specifications. Attached hereto are the following revised section(s) to the specifications. Revised section(s) replace like numbered section(s) in the subject solicitation specifications, though some existing section attachment(s) pertaining to these sections remain in effect, as identified below. Changes are indicated by a red line in the left margin of revised areas or in red font of revised areas. All portions of the revised section(s) shall apply whether or not changes have been indicated.

Revised Section(s):

00 10 00 – Will not be re-issued in its entirety, changes are shown below 00 21 13 – Will not be re-issued in its entirety, changes are shown below 00 45 00 – Will not be re-issued in its entirety, changes are shown below 31 00 00

(2) Deleted Section(s) to Project Specifications. The following section(s) are deleted in its entirety from the specifications:

Deleted Section(s):

Section 33 82 00

B. CHANGES TO DRAWINGS (ISSUED) – The amendment mark “(AM-0001)” is shown on each sheet of the amended drawing sheet(s).

(1) Revised Sheet(s) to Drawings. Attached hereto are the following revised sheets to the drawings. Revised sheets will replace like-numbered sheets in the subject solicitation drawings. Changes are indicated in revision clouds. All portions of the revised sheet(s) shall apply whether or not changes have been indicated.

Revised Sheet(s) to Drawing:

G-001 C-102 C-103 C-104 C-105 C-301 C-501 E-101 E-501 E-601

C. All questions and the Government responses regarding this solicitation are to be viewed through the web-based program “Bidder Inquiry Module”. This program is located on the internet and can be accessed at https://www.projnet.org/projnet. Answers provided to the respective questions through the ProjNet do not amend the solicitation (specifications, drawings, etc.) unless revision to the specifications or drawings is specifically noted and incorporated into the solicitation via an amendment.

D. The bid due date and time is not extended.

SECTION 00 10 00 - SOLICITATION

CLIN 0001

The CLIN extended description has changed from:

NOTES:1. Failure of the Bidder to propose prices on all items in the CLIN Schedule may be cause for rejection of the Bid as non-responsive.2. See Section 01 22 00.00 10 for additional line item descriptions.3.

Any reference to “Offer”, “Offeror” or “CLIN Schedule” shall be construed to mean “Bid”, “Bidder”, or “Bidding Schedule”.

To:

NOTES:1.Failure of the Bidder to propose prices on all items in the CLIN Schedule may be cause for rejection of the Bid as non-responsive.2. See Section 01 22 00.00 10 for additional line item descriptions.3. Any reference to “Offer”, “Offeror” or “CLIN Schedule” shall be construed to mean “Bid”, “Bidder”, or “Bidding Schedule”. 4. The total amount of this project is subject to a Statutory Cost Limitation of ¥178,053,810. This cost limitation is establish by law and does not represent the Government's estimate of the cost of the work. (Section 00 21 13, FAR Provision 252.236-7006 - Cost Limitation).5. LEGEND: EA = Each, JB = Job

NOTES:

NOTES:

1. Failure of the Bidder to propose prices on all items in the CLIN Schedule may be cause for rejection of the Bid as non-responsive.

2. See Section 01 22 00.00 10 for additional line item descriptions.

3. Any reference to “Offer”, “Offeror” or “CLIN Schedule” shall be construed to mean “Bid”, “Bidder”, or “Bidding Schedule”.

4. The total amount of this project is subject to a Statutory Cost Limitation of ¥178,053,810. This cost limitation is establish by law and does not represent the Government's estimate of the cost of the work. (Section 00 21 13, FAR Provision 252.236-7006 - Cost Limitation).

5. LEGEND: EA = Each, JB = Job

SECTION 00 21 13 - INSTRUCTIONS TO BIDDERS

The following have been added by reference:

252.236-7006 Cost Limitation JAN 1997

INSTRUCTIONS TO BIDDERS

SECTION 00 21 13

1. THIS IS AN INVITATION FOR BID SOLICITATION

a. The Public Bid Opening will be held at the following location:

U.S. Army Corps of Engineers, Japan District Contracting Division Building #250 Camp Zama, Zama-City , Kanagawa Japan

b. A Virtual Public Bid Opening will be conducted telephonically ONLY. A teleconference phone line has been established for anyone who is interested in attending the Virtual Public Bid Opening. The following information will be needed if you choose to call in for the Bid Opening:

AUDIO CONFERENCE INFORMATION:

Government DSN: 263-7533 Commercial(in Japan): 046-407-7533 Commercial From U.S.: 011-81-46-407-7533 Government DSN: (From Outside of 315): 315-263-7533

c. The Virtual Public Bid Opening will commence approximately thirty (30) minutes after the due date and time specified in the Solicitation for receipt of Bids, to allow time for the designated contracting personnel to download the submitted Bid Packages from the Department of Defense Secure Access File Exchange (DoD SAFE) website.

d. An Abstract of Bids (Optional Form 1419, Abstract of Offers – Construction) will be completed, verified/certified as to its accuracy and posted on the following Government Point of Entry website: beta.SAM.gov.

2. CONTRACTOR APPLICATIONS. Firms which have not submitted a Contractor Application to this office are requested to go to the U.S. Army Corps of Engineers, Japan

Engineering District, Contracting Division website: https://www.poj.usace.army.mil/Business- With-Us/ to download the Contractor Application. Such firms shall be required to complete the aforementioned application and submit documents indicating they are registered with the Government of Japan to perform construction in Japan and possess both the necessary construction licenses and permits required to perform the requisite work identified in the solicitation. This documentation should be submitted along with your bid. Interested Joint Venture (JV) partners who have individually submitted a Contractor Application previously are not required to submit a single, JV Contractor Application.

3. REQUIRED SUBMITTALS FOR INVITATION FOR BIDS.

a. Bidders shall include the following documents:

(1) SF1442 (pages 1 and 2), including acknowledgment on all SF30 Amendments issued;

(2) Section 00 10 00, Solicitation, Contract Line Item Number (CLIN) Schedule

(completed in its entirety);

(3) Section 00 45 00, Representations and Certifications (completed in its entirety);

(4) Bid Guarantee; and

(5) Joint Venture Agreement (if applicable).

b. Failure to submit all required documents may result in the Bid being considered non-responsive. Additionally, failure of the Bidder to propose prices for all items in the CLIN Schedule may be cause for rejection of the Bid as non-responsive.

4. DELIVERY OF BIDS (ELECTRONIC BID SUBMISSION).

a. An Electronic Bid shall be submitted via Department of Defense Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/).

b. Emailed Bids are strictly prohibited and will be rejected.

c. Firms are solely responsible for ensuring that their Electronic Bid is uploaded and received by the Government at the specified location prior to the date and time established in the solicitation.

d. To ensure timely submission of your Electronic Bid, Bidders should closely coordinate the upload/file transfer the delivery of your Electronic Bid Package with sufficient time to ensure receipt by the Government prior to the date and time established in the solicitation.

e. Physical or paper Bids will not be accepted.

f. The Government will not escort or provide any base access to any door-to-door service company.

g. Instructions For Submitting An Electronic Bid:

(1) Each Bidder is authorized to submit one (1) Electronic Bid Package.

(2) The Electronic Bid Package shall:

i. Include all documents identified in Paragraph title “REQUIRED SUBMITTALS

FOR INVITATION FOR BIDS”;

ii. Format documents as .doc, .docx, or .pdf only; and

iii. Be limited to 8GB.

(3) The Electronic Bid Package shall be submitted electronically using the Department of

Defense Secure Access File Exchange (DoD SAFE) (https://safe.apps.mil/).

NOTE (1) The DoD SAFE website will provide a time-stamped notification to the Government when a file is uploaded.

NOTE (2): Additional, separate uploads or file transfers will not be accepted by the Government. In the event more than one Electronic Bid Package is submitted from a single company, only the latest time/date-stamped Electronic Bid will be downloaded and used to complete the Bid Abstract during the Virtual Public Bid Opening. All earlier versions will not be downloaded and subsequently rejected.

(4) To submit an Electronic Bid Package through the DoD SAFE website, Bidders shall follow the following steps:

Step 1: Send an Email no less than 24-hours prior to the closing date and time stated for receipt of Bids to Mr. Norman Roldan at Norman.Roldan.civ@usace.army.mil and Ms.

Jennifer H. Knutson at Jennifer.H.Knutson.civ@usace.army.mil requesting a secure link to upload your Bid Package to the DoD SAFE website (https://safe.apps.mil/).

Step 2: Prospective Bidders who timely submit a request will receive an automated email containing a link that will take the Bidder to the DoD SAFE website where the file can be uploaded.

Step 3: Prospective Bidders shall follow the instructions on the linked webpage to upload the Bid Package file. There is an optional note section that will be included in the email to the recipient selected. The recipient will receive an automated email containing any note entered and instructions for downloading the file.

NOTE (1): The link is only valid for 14 calendar days from the date and time the email is sent to the Prospective Bidder.

NOTE (2): Bidders are cautioned to log into the DoD SAFE website, using the link provided, with sufficient time to ensure the Electronic Bid Package is completely uploaded and time-stamped in the system prior to the date and time specified for receipt of Electronic Bids.

NOTE (3): It is the responsibility of the Prospective Bidder to promptly notify Mr.

Norman Roldan (norman.roldan.civ@usace.army.mil ) and Ms. Jennifer H. Knutson (jennifer.h.knutson.civ@usace.army.mil ) if an email containing the link is NOT received on the day of their written request.

4. DELIVERY OF BIDS.

a. The Bid shall be submitted in a sealed envelope/package.

b. Emailed Bids are strictly prohibited and will be rejected.

c. Each bidder is solely responsible for ensuring that their bid is received by the Government as specified in the solicitation. Please read the following statements to ensure timely submittal of your bid:

(1) Closely coordinate the delivery of your bid in sufficient time before the bid opening date/proposal due date.

(2) Bids will not be accepted at the main gate of Government facilities.

(3) The Government will not escort or provide any base access to any door-to-door service company.

(4) Valid picture identification is required for entry into Government facilities.

(5) For Japanese visitors, Residential Registration Card, Passport, or Japanese Driver's License are considered valid picture Identification. Those individuals using a newly issued Japanese driver’s license with an Identity Code (IC) chip as a form of identification will be required to enter an 8 digit Personal Identification Number (PIN) into an IC Chip Reader. Individuals are granted 3 attempts to input their PIN and will be denied access if they are unable to input the correct PIN. To obtain or reset the PIN code, individuals should go to their local Japanese police driver’s licensing center for assistance.

(6) For non-Japanese visitors, Passport or Alien Registration Card are considered valid picture identification.

d. For bids addressed to Camp Zama.

(1) The Japan Post has access to Camp Zama.

(2) If you decide to hand-carry your bid to Camp Zama, please allow sufficient time to have a Government personnel meet your representative(s) at the Camp Zama main gate, sign your representative(s) in, and be escorted to our office. We suggest arriving at the gate to Camp Zama at least 30 minutes before the closing time for bid acceptance.

Prospective Bidders who require base escort access shall submit a written request for assistance to the following Government personnel: Contract Specialist, Norman Roldan and Contracting Officer, Quincy A. McNeil. The written request for base access assistance shall be sent by email to norman.roldan.civ@usace.army.mil and quincy.a.mcneil.civ@usace.army.mil no later than five (5) business days prior to the date identified in block 13 of the SF 1442. Additional instructions will be provided at that time. The time and date stated for receipt of a prospective bidders written request for base access assistance is non-negotiable.

5. SUBMISSIONS OF BIDS IN JAPANESE YEN. Bids submitted in response to this solicitation shall be in terms of Japanese Yen, including any required bid guarantee. Bids received in other than Japanese Yen will be rejected.

6. MAGNITUDE OF THE PROPOSED PROJECT. Magnitude of the Proposed Project.

The estimated price range of this work is between $500,000 and $1,000,000 (¥50,000,000 and ¥100,000,000). [Ref: FAR 36.204 / DFARS 236.204].

7. BIDDER INQUIRIES.

a. Prospective Bidders shall submit all questions or requests for information (RFI) regarding this solicitation through the PrjoNet website, which can be accessed at https://www.projnet.org/projnet/. The “Bidder Inquiry Module” in ProjNet will allow prospective Bidders to submit questions and/or RFI, and display previously submitted questions and/or RFI posted by other prospective Bidders. Telephonic and email questions sent directly to Government representatives will not be accepted. All questions and/or RFI shall be submitted in the Bidder Inquiry Module by the due date and time identified herein.

b. All questions or RFIs shall be submitted within the ProjNet, Bidder Inquiry Module no later than 11:59 PM (midnight), Japan Standard Time on 12 March 2021.

c. To submit and/or review questions related to this project, prospective Bidders must use a

Bidder Inquiry Key and follow the instructions listed below for access.

d. The Bidder Inquiry Key is: U2JMZ6-8QTYY7

e. Prior to submitting questions or RFIs, prospective Bidders are encouraged to thoroughly review the Solicitation and all attachments (i.e. specifications and drawings) and the Bidder Inquiry Module to confirm other prospective Bidders have not previously submitted the same question or RFI, in order to avoid repeat inquiries.

f. For specification questions, select “Specifications,” then list the Section, Paragraph and Page Number to correspond to your inquiry. For Plans questions, select “Plans” and list the sheet and detail number for the inquiry.

g. ProjNet Access Instructions:

(1) Go to the website: https://www.projnet.org/projnet/.

(2) At the home page, select USACE for the “Managing Agency” field.

(3) At the home page, enter your email address under the “EMAIL” field (do not enter a password in the “Regular Accounts” Section).

(4) At the home page, enter the Bidder Inquiry Key under the “KEY ACCESS” field.

(5) Read and check “I agree to the privacy & security notice.”

(6) Press Sign-in button.

(7) A page will open requesting user account information and will ask you to create a new account (if you don’t have an existing account in the system). Enter all data fields required for account creation. When you log back in, you will need to answer your security question.

(8) Press “add user” to continue.

(9) Upon completion of account creation, you will have access to the ProjNet system and project page.

(10) Review and submit questions regarding this project. The user who submits a question will receive an automated email notification that their question has been received.

All questions can be viewed from this program.

(11) For specific Step-by-Step for POSTING YOUR INQUIRIES, see the Reference link in the Contract Viewer.

(12) For questions about ProjNet, please contact the Call Center help desk toll free number at 1-800-428-HELP, which operates from 8 am to 5 pm (U.S. Central Time Zone). Questions can be emailed to the helpdesk at staff@rcesupport.com.

h. The Government reserves the right to answer questions after this deadline, but is not obligated to provide a response to late questions. The Government will respond to inquiries in ProjNet. Government responses to inquiries are intended to provide clarity and may or may not result in an amendment to the solicitation. All revisions to the specifications and/or drawings will be specified noted and incorporated into the solicitation via an amendment. 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.

8. BID GUARANTEES.

a. ACCEPTABLE SURETIES. Notwithstanding the statement contained in paragraph (b) of the clause, FAR 52.228-15, Performance and Payment Bonds – Construction, concerning the acceptable corporate sureties appearing on the Treasury Department Circular 570, a corporate surety that has received official approval to execute Bid Bonds (Standard Form 24) and Performance Bonds (Standard Form 25) on United States Forces Japan construction projects from the Ministry of Finance, Government of Japan will be considered an acceptable surety. Banks are not acceptable sureties; Bid Bonds and Performance Bonds executed by banks will be rejected.

b. Notwithstanding the statement contained in paragraph (b) of clause FAR 52.228-1, Bid Guarantee, the Bid Guarantee must be supported by good and sufficient corporate surety or sureties acceptable to the Government.

c. Notwithstanding the statement contained in paragraph (d) of clause FAR 52.228-15, Performance and Payment Bonds – Construction, the performance bond must be supported by good and sufficient corporate surety or sureties acceptable to the Government.

9. SIGNATURE OF BIDS. Bid must be signed by an officer of the company or an individual who is authorized to sign bids for and on behalf of the company. An individual, other than an officer of the company, who signs a bid must submit evidence of his authority to sign such bid.

This evidence must accompany the bid. Failure to comply with this requirement may be cause for rejection of the bid.

10. JOINT VENTURE. In the event the offeror is a joint venture, the offer must be signed by an authorized representative of each participants in the joint venture. The joint venture as an entity shall also have an active System for Award Management registration – See FAR 52.204-7

System for Award Management. Failure to comply with this requirement may be cause for rejection of the offer.

11. BIDDER ELIGIBILITY. This contract will be performed in its entirety in the country of Japan and is intended only for local sources (See Federal Acquisition Regulations 5.202(a)(12)).

Only local sources will be considered under this solicitation. Local sources are sources (e.g.

corporations, partnerships, or Joint Ventures [For a Joint Venture, the Joint Venture as an independent entity must satisfy the local source requirements or, in the alternative, each member of the Joint Venture must individually satisfy the local source requirements]) that are physically located in Japan and authorized (i.e. licensed and registered) to perform in Japan, the type of construction work specific in this solicitation. Specifically, a prospective offeror must be duly authorized to operate and conduct business in Japan and must fully comply with all applicable laws, decrees, labor standards, and regulations of Japan during the performance of the resulting contracts. In addition, prior to award of the contracts, offerors must be registered with the Government of Japan to do construction work in Japan and possess necessary construction licenses and permits to perform work required under this solicitation. The U.S. Government will not offer “United States Official Contractor” status under Article XIV of the US-Japan Status of Forces Agreement (SOFA) to U.S. contractors normally resident in the United States; nor will the U.S. Government certify employees of such contractors as “Members of the Civilian Component” under Article I(b) of the SOFA.

12. JAPANESE CONSUMPTION TAX. By virtue of Article XII of the Status of Forces Agreement (SOFA), materials, supplies, equipment and services procured for official purposes in Japan by the United States armed forces, or its authorized procurement agencies are EXEMPT from various Japanese Taxes, including Consumption Tax. The exemption from the Japanese Consumption Tax applies not only to Japanese prime contractors, but also to Japanese subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or a Foreign firm. The instruments listed hereinafter have been agreed to by both governments of Japan and the U.S. as "Proof of Purchase by U.S. Forces in Japan.”

Standard Form 1034 Public Voucher for Purchases and Services other than Personal

DD Form 1155 Order for Supplies or Services

Standard Form 44 Purchase Order-Invoice-Voucher

ENG Form 93 Payment Estimate

Therefore, Japanese Consumption Tax shall NOT be included in your bid, proposal or quote.

13. AMENDMENTS PRIOR TO THE CLOSING DATE SET FOR OPENING OF BIDS.

The right is reserved, as the interest of the Government may require, to revise or amend the specifications or drawings or both prior to the date set for opening of bids. Such revisions and amendments, if any, will be announced by an amendment or amendments to this invitation for bids. If the revisions and amendments are of a nature which requires material changes in quantities or prices of bid or both, the date set for opening of bids may be postponed by such number of days as in the opinion of the issuing officer will enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids.

The following have been deleted:

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

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

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 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 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-

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 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.

(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) Representations. The Offeror represents that--

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) 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 original equipment manufacturer (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)(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)

(End of Summary of Changes)