W912P520Q0040-0001.pdf

W38XDD01812897

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

W912P520Q0040 - Chickamauga Lock Armor Wall Painting

a. This solicitation is amended to add the MFR - Record of Minutes from the site visit, update the Description of Work in the Quote Instructions page, add the virtual site visit Pow erpoint slides (separate document), and add photos from the site visit to clarify the scope of w ork (separate document).

b. FAR Provision 52.204-24 and FAR Clause 52.204-25 are hereby deleted and replaced in their entirety.

c. FAR 52.252-3 is updated.

d. The due date for receipt of proposals remains the same.

e. All Offerors must acknow ledge all amendments.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 14

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

16C. DATE SIGNED

BY 20-Aug-2020

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912P520Q0040

X 9B. DATED (SEE ITEM 11)

27-Jul-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. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

20-Aug-2020

CODE

CELRN-RC-N CONTRACTING BRANCH

110 9TH AVE SOUTH, A405

NASHVILLE TN 37203

W912P5 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P520Q0040

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The following have been added by full text:

MFR SITE VISIT MINUTES

CELRN-ECC-C August 14, 2020

MEMORANDUM FOR RECORD

SUBJECT: Solicitation No. W912P520Q0040 - Chickamauga Lock, Wall Armor Painting – Virtual Site Visit & Onsite Portion Record of Minutes

1. On Monday, August 10, 2020, at 11:30 AM Central Time/12:30 PM Eastern Time a virtual site was conducted via WebEx. The following parties were in attendance:

NAME ORGANIZATION ROLE

Michael Light USACE Technical Lead Michael Murphy USACE Project Manager Ryan Cleary USACE Contracting Officer’s Rep.

John Haustein US Rope Access, LLC Contractor

2. The slides presented during this virtual site are attached.

3. The following is a record of the of key discussion points during the virtual site visit held on August 10, 2020:

a. Only one contractor participated in the virtual portion. There was an issue with the access code at the start time of the meeting. Ryan Cleary worked with AT&T to correct. Meeting did not officially start until 11:45 AM Central Time in order to allow any potential offeror who may be experiencing log on issues with the security code in the solicitation the opportunity to join the call.

It should be noted that no one except John Haustein was observed trying to call in during this period. John eventually joined the call when the issue was rectified.

b. Ryan Cleary presented the 11 slides during which it was noted that on Slide 2 the description of work from the solicitation was incorrect when compared with the CLINs. The description in the solicitation and slide deck was as follows:

i. DESCRIPTION OF WORK: This is a Total Small Business Set-Aside for wall armor and other various items that shall be cleaned, prepared and painted. Steel components including wall armor, corner protection armor, mooring bits, check posts, ladder rungs, concrete approach wall chevrons and other approved miscellaneous items above summer pool elevations will be prepped and painted at the Chickamauga Lock (CKL) in accordance with the technical plans and specifications.

It should be amended to read as follows:

ii. DESCRIPTION OF WORK: This is a Total Small Business Set-Aside for wall armor and other various items that shall be cleaned, prepared and painted. Steel components including corner protection wall armor, check posts, concrete approach wall chevrons and other approved miscellaneous items above summer pool elevations will be prepped and painted at the Chickamauga Lock (CKL) in accordance with the technical plans and specifications.

c. John Haustein (US ROPE ACCESS, LCC) asked if the lock would remain operational during the contract performance. Michael Murphy confirmed it would remain operational.

d. John Haustein (US ROPE ACCESS, LCC) asked about where to meet up tomorrow. Ryan Cleary presented slide 11 and Michael Murphy communicated the procedures.

e. John Haustein (US ROPE ACCESS, LCC) asked, that during the onsite portion, if it would be ok to ask where things located. Michael Murphy communicated that would be ok, but he would not be able to answer anything that would be considered a material aspect in consideration of the bid/price.

f. The virtual portion concluded at 12:15 PM Central Time/1:15 PM Eastern Time. All participants dropped off call except Ryan Cleary. Due to issue detailed above in 3a., Ryan Cleary kept the Webex open to potential offerers and communicated that if any called in he would notify Michael Murphy and Michael Light. Ryan Cleary ended the Webex meeting to new attendees at 1:20 PM Central Time/2:20 PM Eastern Time. No additional offerors joined.

4. On Tuesday, August 11, 2020, at 9:00 AM Central Time/10:00 AM Eeastern Time the onsite portion of the site visit was held. Only one offeror attended this portion. The following parties were in attendance:

NAME ORGANIZATION ROLE

Michael Murphy USACE Project Manager John Haustein US Rope Access, LLC Contractor

5. The following is a record of the of key discussion points during the on-site visit held on August 11, 2020:

a. During the physical site visit today US Rope Access (Mr. John Haustein) was the only contractor to attend. Mr. Haustein arrived at approximately 10:00 AM local time and stayed about 1 hour.

Discussion was general in nature but there was one question/issue that came up regarding an area of work.

i. There is a short section of aluminum color paint downstream of the access bridge on the land and river wall. it was identified on the virtual site visit PP presentation as being in scope; however, this is a tricky area to access and could impact quotes. This is not an area that would be impacted by operations should it be omitted.

6. Ryan Cleary and Michael Murphy met onsite at the Chickamauga Lock to review the scope identified in 5.a.i. above.

Ryan Cleary, PE.

Contracting Officer’s Representative Chickamauga Lock Resident Office

Attachments:

1) W912P520Q0040_Virtual Site Visit CHKLK WAP_10AUG2020

2) Amendment Scope Clarification – Downstream Corner Wall Armor Downstream of the Downstream Miter Gate

SECTION 00 20 00 - INSTRUCTIONS FOR PROCUREMENT

The following have been modified:

QUOTE INSTRUCTIONS

1. DESCRIPTION OF WORK: This is a Total Small Business Set-Aside for wall armor and other various items that shall be cleaned, prepared and painted. Steel components including wall armor, corner protection armor, check posts, concrete approach wall chevrons and other approved miscellaneous items above summer pool elevations will be prepped and painted at the Chickamauga Lock (CKL) in accordance with the technical plans and specifications. .

2. TYPE OF CONTRACT: Firm-Fixed Price Construction

3. BASIS FOR SELECTION OF AWARD: Award shall be made to the lowest priced offeror who is found to be responsible. Quote must meet or exceed the scope of work and deliver schedule to be considered for award.

4. PLACE OF DELIVERY: Chickamauga Lock (CKL), 5400 Lake Resort Drive, Chattanooga, TN 37415.

5. DELIVERY DATE: Within 231 calendar days after notice to proceed.

6. NON-MANUFACTURER RULE: In accordance with FAR 19.502-(2), “For small business set-asides other than for construction or services, any concern proposing to furnish a product that it did not itself manufacture must furnish the product of a small business manufacturer unless the SBA has granted either a waiver or exception to the non-manufacturer (see 19.101(f)).” The NAICS code for this requirement is 238320 and this is a construction requirement; therefore the non-manufacturer rule does not apply to this procurement.

7. PERFORMANCE AND PAYMENT BONDS: The offeror whose quote is accepted will, within the time established in the solicitation, furnish performance and payment bonds in the amounts indicated in the solicitation or the specifications.

a. PERFORMANCE BONDS (SF 25). Pursuant to FAR clause 52.228-15, Performance and Payment

Bonds—Construction, the penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award.

b. PAYMENT BONDS (SF 25A). Pursuant to FAR clause 52.228-15, Performance and Payment Bonds—

Construction, the penal amount of the payment bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of award.

c. INSURANCE. Contractor shall carry Liability and Insurance. See FAR clause 52.228-5, Insurance – Work on A Government Installation.

8. WARRANTY: Offerors shall offer the Government at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice. The minimum warranty term is one year.

9. POC FOR COMMUNICATIONS: Any communications regarding this procurement before award must be made in writing to the Contracting Division, Attn: Samantha (Dani) Harrison at email Samantha.D.Harrison@usace.army.mil . Inquiries must identify the solicitation number, the requestor’s company name, address, email address, telephone and facsimile numbers to include area code.

10. SITE VISIT: Offerors should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the delivery site and the general and local conditions that can affect the delivery and material handling of the materials or the cost thereof. Failure to do so will not relieve the offeror from responsibility for estimating properly the difficulty or cost of successfully accomplishing delivery. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the solicitation, the specifications or related documents.

mailto:Samantha.D.Harrison@usace.army.mil

The Government has scheduled a Virtual Site Visit and an Organized Site Visit for this requirement. The organized Virtual Site Visit and a Organized Site Visit has been scheduled at the Chickamauga Lock, 5400 Lake Resort Drive, Chattanooga, TN 37415:

A virtual site visit on the 10 August 2020 and then offer an on-site.

On 11 August 2020, the Government will present all the contract information, provide photos of the work site, discuss scope, and offer a chance for Q&A. All question and answers will need to be sent in via email to Samantha.D.Harrison@usace.army.mil .

On the 11 August 2020 the Government will provide the contractors access to the work site so potential bidders have an opportunity to see, measure, etc. No questions will be address during the onsite visit. The site visit will be from the lock walls only. We will not take the contractor on a boat to see the work areas. Offerors should limit their personnel to a maximum of two for the onsite visit.

Both site visits will be at 9:00 AM local time (Central Time Zone)

Monday, August 10, 2020 -- 11:30 am | (UTC-05:00) Central Time (US & Canada) |

2 hrs Meeting Link: https://usace.webex.com/usace/j.php?MTID=m4f98b1efd1d982244ad9ff152cbb9fd6

1-866-434-5269 Call-in toll-free number 102 609 9 Access Code Password: 1234

Point of contact for the Site Visit is Samantha (Dani) Harrison, at 615-736-7755 or by email at Samantha.D.Harrison@usace.army.mil .

Point of contact for Site Visit is Michael Murphy, at 423-870-7674 or by email at Michael.K.Murphy@usace.army.mil.

This will be the only site visit for this project. If you miss the scheduled site visit, no other arrangements will be made due to personnel and time restrictions.

QUESTIONS: Questions regarding the solicitation must be submitted to Fannie Robertson via email no later than 1:00 PM Central Time on 17 August 2020.

NOTE: All participants are required to have personal safety equipment, i.e. hard hat and safety toe shoes.

Contractors who do not have these items present at the Site Visit may not be able to participate in the visit.

Rules for the pre-bid site visit for potential contractors are:

a. Notify USACE if experiencing COVID-19 symptoms and remove themselves from the project.

b. Notify USACE if caring for someone in their household or have been in close contact with someone with COVID-19 and/ or symptoms.

c. Notify USACE if employee has a positive test for COVID-19 within 14 days after site visit.

d. At all times OBSERVE SOCIAL DISTANCING and follow CDC guidelines.

e. Stay informed with the latest information and advice for the public on the CDC website at www.cdc.gov/ncov. Check CDC website daily for updates.

f. Provide their own protective mask and wear mask 100% of time once entry into the building is gained.

mailto:Michael.K.Murphy@usace.army.mil

g. Provide their own gloves and wear gloves 100% of time once entry into the building is gained.

h. Dispose of their own Personal Protective Equipment (PPE): carry in & carry out.

i. Don’t bring communal food, pens, business cards, etc. inside the building.

j. Only gain entry into assembly bay area for pre-bid meeting through the large double doors.

k. Meetings will only be held in assembly bay area.

l. Use only designated restrooms located in the lobby.

m. Stay in designated meeting area (assembly bay) during meeting and while waiting to visit work location.

n. No more than two contractors and the USACE escort will be allowed in a work area at the same time.

o. If any personnel encounter a situation where the requirements of this document conflict with other guidance, they should consult with USACE immediately for resolution.

p. Violation of any of the rules above will result in immediate removal due to USACE protecting its hydropower mission.

11. REQUIREMENT TO REGISTER TO ATTEND SITE VISIT: Only registered persons will be permitted to attend the site visit. In addition to the below information, please also provide your name of firm, firm’s CAGE and/or Unique Entity Identifier (previously DUNS NUMBER), and name and position title of primary point-of-contact and their telephone number and email address. Only two persons from each business entity will be permitted to attend.

U.S. Citizens: To register, U.S. citizens interested in attending the site visit must submit a Nashville District (LRN) Security Access Form to the Point of Contract (POC), Contract Specialist Eugenia Corder, by email to Eugenia.J.Corder@usace.army.mil no later than five (5) business days prior to the site visit. If submitting the form in less than five business days, the person may not receive approval for participation. Notification of approval or denial will be provided prior to the date of the site visit. The form is available as a pdf attachment on www.fbo.gov with this solicitation and is titled as Site Visit Registration Form.

Foreign Nationals (FNs): FNs wishing to attend the site visit shall submit a completed LRN FN Security Form and legible color copies of two of the following documents: Passport (unexpired or expired), Certificate of U.S.

Citizenship (INS Form N-560 04 N-561), Certificate of Naturalization (INS Form N-550 or N-570), unexpired foreign Passport with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization, an Alien Registration Receipt Card with photo (INS Form I-151 or I-551), unexpired Temporary Resident Card (INS Form I-688), unexpired Employment Authorization Card (INS Form I-688A), unexpired Reentry Permit (INS Form I-327), unexpired Refugee Travel Document (INS- Form I¬571), or uneired Employment Authorization Documentation issued by the INS which contains a photograph (INS Form I-688B) to the LRN POC. These documents must be submitted two (2) weeks prior to the site visit. Exceptions will be considered on a case by case basis but will be limited. The form is available at:

http://www.lrn.usace.army.mil/Portals/49/docs/Security/Sec%20508%20Foreign%20National%20Sec%20Access% 20Form%20JUN%202014.pdf

Additional information on Contract Security Requirements is located at: http://www.lrn.usace.army.mil/Business- With-Us/Contract-Security-Requirements/

12. QUOTE SUBMISSION:

http://www.lrn.usace.army.mil/Portals/49/docs/Security/Sec%20508%20Foreign%20National%20Sec%20Access%20Form%20JUN%202014.pdf http://www.lrn.usace.army.mil/Portals/49/docs/Security/Sec%20508%20Foreign%20National%20Sec%20Access%20Form%20JUN%202014.pdf http://www.lrn.usace.army.mil/Business-With-Us/Contract-Security-Requirements/ http://www.lrn.usace.army.mil/Business-With-Us/Contract-Security-Requirements/

a. Quotes shall only be e-mailed to Samantha (Dani) Harrison at Samantha.D.Harrison@usace.army.mil

b. The quote shall include the following elements to be considered for award:

(1) SF 1442: Filled out by the vendor for: Block 14, Block 15, and Block 16.

(1) CLIN 0001: To include the Total Price for Contract Line Item Number 0001 on the first page of the SF 1442 in

Block 22 the bid schedule (page 9) shall also be filled out and submitted with this quote.

(2) All amendments, if applicable

(3) Contractors must be registered in the System for Award Management (SAM) database (www.sam.gov) to receive an award.

(4) Contractors shall have representations and certifications completed in www.sam.gov OR provide completed paragraphs in FAR 52.212-3 Alternate 1 (Annual Representations and Certifications) found in the “Clauses Section” of this solicitation. If completing the aforementioned clause, provide with submitted quote.

(5) Provide business Unique Entity Identifier number (previously known as DUNS): ________________________

(phone 800-333-0505 for DUNS).

(7) Provide business CAGE code: ______________________________

(8) Tax Identification Number: _________________________________

SYSTEM FOR AWARD MANAGEMENT (SAM) AND ANNUAL REPRESENTATIONS AND

CERTIFICATIONS

For SAM Customer Service, contact:

Federal Service Desk URL: www.fsd.gov Hours: 8am -8pm (Eastern Time) US Calls: 866-606-8220 International Calls: 334-206-7828

DSN: 866-606-8220

IMPORTANT NOTICE: Effective March 22, 2018, new entities that are registering in SAM must submit an original, signed notarized letter identifying the authorized entity’s Administrator that is authorized to register the entity in the SAM database, or to make changes to its registration.

Effective April 27, 2018, entities that are updating or renewing their existing SAM registrations must submit an original, signed notarized letter identifying the authorized entity’s Administrator that is authorized to register the entity in the SAM database, or to make changes to its registration, before the registration is activated.

The new registration may now take several days to become active depending on (1) the information provided passing existing validations and (2) the entity’s successful delivery of the required notarized letter.

Contractors who are new to the SAM registration process are highly encouraged to begin registering as soon as possible to avoid any possible delays in future contract awards. Remember, there is no cost to use SAM.

To find out additional information about the changes of the SAM registration process, contractors should visit the Frequently Asked Questions (FAQ) link located at the top of the SAM homepage (www.sam.gov).

http://www.sam.gov/

13. Amendments Prior to Date Set for Closing of RFQ. 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 submission of quote. Such revisions and amendments, if any will be announced by an amendment. If the revisions and amendments are of a nature which requires material changes in quantities or prices proposed or both, the date set for receipt of quotes may be postponed by such number of days as in the opinion of the issuing officer will enable offeror to revise their quote. In such cases, the amendment will include an announcement of the new date for receipt of quote.

14. NOTICE TO OFFEROR: Use of Class I Ozone-Depleting Substances

a. In accordance with Section 326 of P.L. 102-484, the Government is prohibited from awarding any contract which includes a specification or standard that requires the use of a Class I ozone-depleting substance (ODS) identified in Section 601(a) of the Clean Air Act, (42 U.S.C 767a(a)), or that can be met only through the use of such a substance unless such use has been approved, on an individual basis, by a senior acquisitions official who determines that there is no suitable substitute available.

b. To comply with this statute, the Government has conducted a best effort screening of the specifications and standards associated with this acquisition to determine whether they contain any ODS requirements. This requirement has no relationship to ODSs.

c. If the offeror possesses any special knowledge about any other ODSs required directly or indirectly at any level of contract performance, the U.S. Army would appreciate if such information were surfaced to the Contracting Officer for appropriate action. To preclude delay to the procurement, the offeror should provide any information as soon as possible after release of this RFQ and prior to the submission of quotes to the extent practicable. It should be understood that there is no obligation on the offeror to comply with the request and that no compensation can be provided for doing so.

15. APPARENT LOWEST OFFEROR SHOULD SUBMIT THE FOLLOWING:

a. A minimum of one (1) banking reference for their firm and a minimum of three (3) past performance references for similar contracted work.

(1) The banking reference should include the financial institution’s legal name, complete physical address, a point-of-contact (POC) at the financial institution, the POC’s telephone number, and email address.

(2) The past performance references should include firm’s name, the contract number, the contract period of performance and/or contract completion date, the contract’s aggregate value, a brief description of the project, a POC, the POC’s telephone number, and email address.

b. Certification under the AISC (American Institute of Steel Construction) Quality Control Program that is designated as AISC Certified Plant with one of the certifications listed in the Technical Specifications (Section 1.6.3).

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added 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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(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. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

The following have been modified:

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

Solicitation Amendment 0001

W912P520Q0040 - Chickamauga Lock Armor Wall Painting

1. This solicitation is amended to update the Description of Work, add the MFR - Record of Minutes from the site visit, add the virtual site visit Powerpoint slides (separate document), and add photos from the site visit to clarify the scope of work (separate document).

2. FAR Provision 52.204-24 and FAR Clause 52.204-25 are hereby deleted and replaced in their entirety.

3. The due date for receipt of proposals remains the same.

4. All Offerors must acknowledge all amendments.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(End of Summary of Changes)