W912PL22B0007_Solicitation.pdf

IFB NO. W912PL22B0007

U.S. ARMY CORPS OF ENGINEERS

LOS ANGELES DISTRICT

INVITATION FOR BIDS

CONSTRUCT POTABLE WATER

WELL

LUKE AFB, GLENDALE, AZ

100% TOTAL SMALL BUSINESS SET-ASIDE

CONSTRUCTION SOLICITATION AND SPECIFICATIONS

Solicitation

AUGUST 2022

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER4. CONTRACT NUMBER

7. ISSUED BY

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

W912PL22B0007

USACE LOS ANGELES DISTRICT

CONTRACTING DIVISION

915 WILSHIRE BLVD, SUITE 930

LOS ANGELES, CA 90017

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

Construct Portable Water Well, Luke AFB, Glendale, Arizona.

This Design-Bid Build (DBB) project provides infrastructure support to Luke AFB located in Glendale Az. in the northwest quadrant of the installation to replace existing Well #11 that has failed. Replace water well #11. New +/- 2,000 LF deep, 18” diameter potable well with pump. Perform drilling operation necessary to construct new potable water well. Install casing and screen, gravel filter pack and grouting. Decommission old well #11. New water line connection and mixing vault between the well and ground water storage tank 1386.

The project will include all necessary utilities, site improvements, pavements, communications support infrastructure, and all necessary supporting work for a complete and usable facility. Facility will be designed as permanent construction in accordance with the DoD Unified Facilities Criteria (UFC 1-200-01 and UFC 1-200-02).

The period of performance is 270 calendar days and the estimated cost range for this procurement is between $5,000,000 and $10,000,000.

This procurement is a 100% Total Small Business Set-Aside. The NAICS code is 237110, Water and Sewer Line and Related Structures Construction, with a size standard of $39.5M.

Be advised this project may be delayed, postponed, canceled or revised at any time pror to award.

8. ADDRESS OFFER TO

DoD Secure Access File Exchange (DoD Safe) at https://safe.apps.mil/

W912PL

a. NAME

OTSE A. ADIKHAI

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

213-452-3248

Section 00 73 00

1 electronic

1:00 PM

local time 9 September 2022 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

see*

9 August 2022

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

DUNS: TAX ID NO:

CAGE:

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

USACE FINANCE CENTER

ATTN: CFCO-AO-D

5722 INTEGRITY DRIVE

MILLINGTON, TN 38054-5005

Construct Potable Water Well W912PL22B0007

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 01 00 CONSTRUCTION CLAUSES (Not Included)

01 11 00 SUMMARY OF WORK

01 14 00 WORK RESTRICTIONS

01 20 00 PRICE AND PAYMENT PROCEDURES

01 30 00 ADMINISTRATIVE REQUIREMENTS

01 32 01.00 10 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 50 00 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

01 71 10 MOBILIZATION AND DEMOBILIZATION

01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

01 78 24.00 10 FACILITY DATA REQUIREMENTS

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION

DIVISION 03 - CONCRETE

03 30 00 CAST-IN-PLACE CONCRETE

DIVISION 09 - FINISHES

09 90 00 PAINTS AND COATINGS

DIVISION 13 - SPECIAL CONSTRUCTION

13 34 19 METAL BUILDING SYSTEMS

DIVISION 25 - INTEGRATED AUTOMATION

25 10 10 UTILITY MONITORING AND CONTROL SYSTEM (UMCS) FRONT END

AND INTEGRATION

PROJECT TABLE OF CONTENTS Page 1

00 SUPPLEMENTARY

August 2022 Solicitation

TABLE OF CONTENTS

W912PL22B0007

26 05 19.10 10 INSULATED WIRE AND CABLE

26 05 26.00 40 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS

26 08 00 APPARATUS INSPECTION AND TESTING

26 12 19.00 40 PAD-MOUNTED, LIQUID-FILLED, MEDIUM-VOLTAGE TRANSFORMERS

26 13 01 PAD-MOUNTED DEAD-FRONT AIR INSULATED SWITCHGEAR

26 20 00 INTERIOR DISTRIBUTION SYSTEM

26 24 13 SWITCHBOARDS

26 24 16.00 40 PANELBOARDS

26 24 19.00 40 MOTOR CONTROL CENTERS

26 27 13.10 30 ELECTRIC METERS

26 29 23 SOLID STATE SPEED DRIVE (SSS) SYSTEMS UNDER 600 VOLTS

26 51 00 INTERIOR LIGHTING

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 11 00 CLEARING AND GRUBBING

31 23 00.00 20 EXCAVATION AND FILL

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 23 AGGREGATE BASE COURSES

32 31 13.53 HIGH-SECURITY FENCES (CHAIN LINK AND ORNAMENTAL) AND GATES

DIVISION 33 - UTILITIES

33 11 00 WATER UTILITY DISTRIBUTION PIPING

33 11 13 POTABLE WATER SUPPLY WELL

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 45 01 VERTICAL PUMPS, AXIAL-FLOW AND MIXED-FLOW IMPELLER-TYPE

DIVISION 43 - PROCESS GAS AND LIQUID HANDLING, PURIFICATION, AND STORAGE

EQUIPMENT

43 21 29 FLOW MEASURING EQUIPMENT POTABLE WATER

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 2

DIVISION 26 - ELECTRICAL

26 05 00.00 40 COMMON WORK RESULTS FOR ELECTRICAL

26 05 13.00 40 MEDIUM-VOLTAGE CABLES

Construct Potable Water Well

August 2022 Solicitation

CONSTRUCT POTABLE WATER WELL W912PL22B0007

LUKE AFB, GLENDALE, AZ

00 01 05 (1)

SECTION 00 01 05

Certification Page

CERTIFICATE OF OFFEROR’S

PRINCIPAL

(1) IF THE OFFEROR IS PARTNERSHIP OR JOINT VENTURE, LIST FULL

NAME OF ALL PARTNERS/ JOINT VENTURERS (Add addendum as necessary):

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

(Company Name) (Signature) (Title)

(2) IF THE OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATION

SHOULD BE COMPLETED:

CERTIFICATION AS TO CORPORATE

PRINCIPAL

I, , certify that I am the Secretary of the corporation named as principal in the within SF 1442; that , who signed the SF 1442 at Block 20B on behalf of the principal, was the of the corporation; that I know the individual’s signature and that his/her signature is genuine;

and that said Offer was duly signed, sealed and attested for on behalf of said corporation by authority of its governing body.

CORPORATE PRINCIPAL

CORPORATE SEAL

SECRETARY

(3) IF THE OFFEROR IS A LIMITED LIABILITY COMPANY/PARTNERSHIP, LIST

FULL NAME OF ALL MANAGERS BELOW (Add addendum as necessary).

SIGNATURES BY ALL MANAGERS HERE SIGNIFY THAT THE INDIVIDUAL

August 2022 Solicitaton

00 01 05 (2)

WHO SIGNED THE OFFER IN BLOCK 20B OF THE SF 1442 HAS THE

AUTHORITY TO BIND THE LIMITED LIABILITY COMPANY/PARTNERSHIP.

(Officer’s Name) (Signature) (Title)

(4) IF THE OFFEROR IS AN INDIVIDUAL DOING BUSINESS AS A FIRM, THE OFFER

SHALL BE SIGNED BY THAT INDIVIDUALIN BLOCK 20B FOLLOWED BY THE

WORDS “AN INDIVIDUAL DOING BUSINESS AS

____________________________________ (INSERT NAME OF FIRM).

(5) WHEN AN AGENT SIGNS THE OFFER, PROVIDE PROOF OF THE AGENT’S

AUTHORITY TO BIND THE PRINCIPAL

Item Description Quantity Unit Unit Price

Amount

0001 Mobilization and Demobilization 1 Job JA -$

0002 Clearing and Grubbing 1 Job JA -$

0003 Stormwater Pollution Prevention Plan 1 Job JA -$

0004 Demolition 1 Job JA -$

0005 Electrical System 1 Job JA -$

0006 Metal Building 1 Job JA -$

0007 Well No. 20 1,730 LF $0.00 -$

0008 Water Distribution System 1,751 LF $0.00 -$

SECTION 00 10 00

Solicitation Contract Line Item (CLIN) Schedule

Bidding Schedule

TOTAL ESTIMATED AMOUNT:

(Line Items 0001 through 0063)

Page 1 of 1August 2022 Solicitaton

CONSTRUCT POTABLE WATER WELL

00 21 00 - 1

Section 00 21 00

Instructions

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

52.214-3 Amendments To Invitations For Bids DEC 2016

52.214-4 False Statements In Bids APR 1984

52.214-5 Submission Of Bids DEC 2016

52.214-6 Explanation To Prospective Bidders APR 1984

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids NOV 1999

52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work

MAY 2014

52.232-13 Notice Of Progress Payments APR 1984 252.215-7008 Only One Offer JUL 2019

CLAUSES INCORPORATED BY FULL TEXT

Table of Contents

52.216-1 TYPE OF CONTRACT (APR 1984)

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

OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

52.228-1 BID GUARANTEE (SEP 1996)

52.233-2 SERVICE OF PROTEST (SEP 2006)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC. 1991)

00 21 00 - 2

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)

52.222-23 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:

Goals for minority participation for each trade

Goals for female participation for each trade

19%

6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract

Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from

Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract

Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

00 21 00 - 3

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is Luke AFB, Glendale, AZ

52.228-1 BID GUARANTEE (SEP 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States.

The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.-

(c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000 whichever is less.-

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.-

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Maria A. Calica

915 Wilshire Blvd Suite 930

CESPL-CT-East Region Branc

Los Angeles, CA 90017

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

00 21 00 - 4

(b) An organized site visit has been scheduled for--

Date: 2nd Wednesday following solicitation date at 10:30 am

Meeting Location: Luke Project Office: 14002 W. Marauder Street, Building 302, Luke AFB, Arizona 85309-1125

POC: Bill Harrick, (623) 282-9865

Attendees must meet at the Luke AFB South Gate Visitor Center for background check and issuance of base pass between 09:00 am and 10:00 am. Participants arriving later than 10:00 am will not be processed so plan accordingly to meet the required time frame for passes. Those attendees that do not pass the background check will not be allowed access to the installation.

(c) All individuals gaining access onto Luke Air Force Base will need to have their Driver’s License to enable

Luke Security Forces to conduct a background check.

(d) Proceed from the South Gate to the Luke Project Office location shown on the Map.

ATTACHMENTS (Located at the end of section 00 21 00):

1. USACE Project Site Walk Access Requirements.

2. Luke AFB Map for FY22 Potable Water Well Project Site Walk.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-3 ALTERATIONS IN SOLICITATION (APR 1984)

Portions of this solicitation are altered as follows:

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any DEFENSE FEDERAL ACQUISITION REGULATIONS (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

http://www.acquisition.gov/

00 21 00 - 5

252.211-7002 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS,

STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER

PERTINENT DOCUMENTS (DEC. 1991)

The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:

https://sam.gov/content/home

(Insert complete address)

USACE PROJECT SITE WALK ACCESS REQUIREMENTS

FY22 POTABLE WATER WELL PROJECT

As Required by 56th Security Forces Squadron

Personnel requesting access to the installation for the site walk are required to meet at the Luke AFB South Gate Visitor on the 2nd Wednesday following the project solicitation date for background check and issuance of base pass between 09:00 am and 10:00 am. Participants arriving later than 10:00 am will not be processed so plan accordingly to meet the required time frame for passes. Those attendees that do not pass the background check will not be allowed access to the installation. Participants must posses a valid Drivers License. In addition to these requirements, please see below that may appear when Base Security Forces completes the background checks.

IAW with Luke regulations these are the guidelines for submitting guests for base access.

a. In order for guest to be granted base access, they must:

(1) Be a citizen or be in possession of a Employment Authorization Card or Permanent

Residence Card

(2) Not convicted of any major crime (DUI’s 2 or more) within the last 5 years,

(3) Not convicted of any felonies with the last 10 years,

(4) Not convicted of sexual assault, drug distribution, espionage/treason, or murder, and

(5) Must possess a valid government form of identification (USA Passport/State

Identification/State Driver's License.)

b. Guests are only authorized to go directly to/from the location(s) listed shown on the site map.

c. Vehicle operators must be in possession of a current driver's license, proof of insurance, and vehicle registration.

d. All guests must have their drivers license on them at all times.

e. Vehicles are subject to search upon entering, exiting, or while on the installation.

f. Guests must comply with customs and courtesies. (for example: all vehicles must stop while the national anthem is playing over the base speaker system).

g. Cell phone use is not authorized while operating a motor vehicle except if utilizing hands free(Bluetooth device).

h. All guests must enter through South Gate.

i. All commercial vehicle must enter through the South Gate and be searched at the Commercial

Vehicle Inspection (CVI) area.

l1cdbwfh Cloud l1cdbwfh PolyLine l1cdbwfh PolyLine l1cdbwfh Cloud l1cdbwfh Cloud l1cdbwfh Text Box

- Yellow Cloud; South Gate for base access

- Red Line route from Gate to Facility 302

- Green Cloud is meeting/parking area and will walk to sites from there. Briefing to be held in Facility 302 North end conference room

- Green Dash is route to project site

-Red Cloud; Approx Site walk location.

l1cdbwfh Text Box

SITE WALK MAP FY22 CONSTRUCT POTABLE WATER WELL PROJECT

00 21 13 - 1

Section 00 21 13

Instructions to Bidders

Table of Contents

INQUIRIES

SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC BIDS (APR 2020)

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE

RECEIPT OF SUBMISSIONS

VIRTUAL BID OPENING PROCEDURES AND INSTRUCTIONS FOR BIDDER’S PARTICIPATON

CONTRACTOR RESPONSIBILITY, PRE-AWARD SURVEY INFORMATION TO BE SUBMITTED WITH BID

OFFEROR'S CHECKLIST

00 21 13 - 2

INQUIRIES

Any prospective offeror desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders/offerors before submission of their bids/offers. Oral explanations or instructions given before award of a contract are not binding. Any information given to a prospective offeror concerning a solicitation will be furnished promptly to all other prospective offerors as an amendment to the solicitation, if that information is necessary in submitting offers or if lack of it would be prejudicial to other prospective bidders/offerors.

1. All inquiries relating to this solicitation are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet

A. To submit and review bid inquiry items, offerors will need to be a current registered user, self-register into the ProjNet system.

To access the Bid Inquiry system, go to the ProjNet web page and fill in:

- Managing Agency – USACE

- Email address

- Key Access (this is the Bidder Inquiry Key – see below for key)

- Click on “Sign In”

- You will be prompted for the answer to your secret question on the next screen

If this is your first time accessing ProjNet, you will be directed to a screen titled, “User account not found.

Please create one using the form below.” Fill in the requested information (name, company, city, phone #, etc.).

B. From this page, you may view all bidder inquiries or add an inquiry. Please note: Offerors shall only submit one question per inquiry. All inquiries containing multiple questions may be rejected.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

The Solicitation Number is: W912PL22B0007

The Bidder Inquiry Key is: 4TU3HP-HRYZIM

2. The Bidder Inquiry System will be unavailable for new inquires up to 5 business days prior to bid/proposal submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

August 2022 Solicitaton https://www.projnet.org/projnet/ http://www.projnet.org/projnet/ http://www.projnet.org/projnet/

00 21 13 - 3

3. Offerors are requested to review the specifications in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The ProjNet call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago).

The telephone number for the ProjNet Call Center is 800-428-HELP.

5. Responses on the Bidder Inquiry System do not revise, change, amend or supersede the provisions of the solicitation. Changes to the solicitation must be by written amendment thereto. Any Bidder

Inquiry System response that can be interpreted to be in conflict with the solicitation or amendment, shall be subordinate to the conflicting provision, term, and/or note, wherever it appears in the solicitation, until revised or altered by a written amendment to the solicitation.

Additionally, offerors may not anticipate a change to the solicitation until the change, revision, lteration of the solicitation is actually made, in writing and published as an amendment to the solicitation.

(End of Statement)

SPECIAL INSTRUCTIONS PERTAINING TO SUBMISSION OF ELECTRONIC BIDS

(APR 2020)

The Bidder’s bid shall be submitted electronically, as described below. The IFB will provide the

Government address and receipt date for bid submittal. The Bidder’s bid shall not contain classified data. The use of hyperlinks in bids is prohibited.

NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS

(EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Bidder’s bid must be received by the Government by the date/time specified in the solicitation.

Bidders shall email their bid using the following link: https://safe.apps.mil/

Please send bids using the link above to Contract Specialist Otse.A.Adikhai@usace.army.mil

AND to Contracting Officer Maria.A.Calica@usace.army.mil

(End of Statement)

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

In an effort to reduce paperwork and cost, all bids shall be submitted electronically through the

SAFEsite. Submission shall be in Adobe PDF format. You are limited to twenty five (25)

August 2022 Solicitaton https://safe.apps.mil/ mailto:Otse.A.Adikhai@usace.army.mil mailto:Maria.A.Calica@usace.army.mil maximum files per upload (total size cannot exceed 8GB).

REQUEST FOR UPLOAD CODE: Bidders must email Contract Specialist

Otse.A.Adikhhai@usace.army.mil and the Contracting Officer Maria.A.Calica@usace.army.mil no later than five (5) working days prior to the bid due date to receive a request code which will allow for file uploads via the SAFE site. Bidders who fail to email for request a code five (5) working days before bid submission date may not be able to receive a request code in time to upload their submission. Please input "W912PL22B0007 - Request for DoD SAFE Code " in the email subject line.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File

Description” will be included in the email notice to each of the recipients you choose to have access your file(s). NOTE: Do NOT enter Privacy Act Data (Personal Identification Information

(PII)) in the File Description.) Submission shall be in Adobe PDF format.

(End of Statement)

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE

1. Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a CAC the option to access the SAFE site as a guest. After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

2 When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the

Contract Specialist and the Contracting Officer. The Contract Specialist for this solicitation is

Otse.A.Adikhai@usace.army.mil and the Contracting Officer is

Maria.A.Calica@usace.army.mil The E-Mail address of the Government Employee who initiated the request code will be automatically entered. The Proposer must enter the E-Mail address for both the Contracting Officer and Specialist. The Proposer can enter an additional

Email address if desired.

After entering the email address, click the ADD button to add the person(s) email to the

“Recipients List” of your response. When your proposal is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts. Even if you successfully upload your bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. A Proposer can confirm proper submission by the

“Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Bidders will have more success utilizing any particular browser.

00 21 13 - 4 August 2022 Solicitaton mailto:Otse.A.Adikhhai@usace.army.mil mailto:Maria.A.Calica@usace.army.mil mailto:Otse.A.Adikhai@usace.army.mil mailto:Maria.A.Calica@usace.army.mil

(End of Statement)

RECEIPT OF SUBMISSIONS

For the purposes of establishing whether a bid submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For bids larger than the 8GB capacity of the SAFE website and require multiple submissions, the

Government will consider the date and time the last submission is completely uploaded into the

SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Bidders are responsible for ensuring that bids are submitted so as to reach the designated recipient. Bidders are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

(End of statement)

VIRTUAL BID OPENING PROCEDURES AND INSTRUCTIONS FOR BIDDER’S

PARTICIPATON

The electronic bids for this project are due on 9 September 2022 at 1:00 PM Pacific Standard

Time. See Section 00 21 00 FAR 52.214-7 Late Submissions, Modifications, and Withdrawals of

Bids.

In order to allow the bid opening officer sufficient time to download the bids after bids are due, the virtual bid opening will be held at 2:00 PM Pacific Standard Time on 9 September 2022.

At the bid opening teleconference, bids and the Independent Government Estimate will be read aloud, just as in a traditional bid opening.

Following the bid opening a copy of the bid abstract and any bid can be made available for public inspection by interested persons by emailing a copy of the abstract and requested bids to those who participated in the virtual bid opening. In addition, in accordance with established practices, the Abstract of Bids will be available at https://sam.gov/content/home for all interested parties.

To participate in the Virtual Bid Opening, the following information is provided:

Call-in toll-free number (ATT Audio Conference): 1-844-800-2712

Access Code: 199 827 1077

(End of statement)

CONTRACTOR RESPONSIBILITY, PRE-AWARD SURVEY INFORMATION TO BE

SUBMITTED WITH BID

00 21 13 - 5 https://sam.gov/content/home

00 21 13 - 6

In order to determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, a statement regarding previous experience in performing comparable work and information related to their business organization, financial resources, and/or plant to be used in performing the work is required. In accordance with FAR 9 Determination of responsibility of the offeror by the Contracting Officer, please provide the following information in order to perform a preaward survey on your firm:

1. List of water/wastewater treatment plant projects completed for the past three years, including dollar value of each contract.

2. List of water/wastewater treatment plant projects in progress, percentage of work completed, including dollar value of each contract.

3. The name and qualifications of the employee designated to act as the Project

Superintendent/Manager for this contract.

4. Copy of latest financial statement (Please ensure you mark financial documents with CUI

– Controlled Unclassified Information)

5. General description of your firm

6. Please include client information (Point of Contact: Name, telephone number) and/or past performance evaluations for projects listed in your Pre-Award Survey package.

(End of Statement)

OFFEROR'S CHECKLIST

All information required by the terms of the Solicitation must be furnished. MISTAKES OR

OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below.

This checklist is furnished only to assist you in submitting a complete Bid. Check as you read.

☐Have you acknowledged all amendments?

☐ Is your SF-1442, Certificate of Corporate Principal and CLIN Schedule (Section 00 10 00), properly completed and signed?

☐Is a bid bond included with your bid? (A late bid bond is treated the same as a late bid.)

☐ Is your bid bond in the proper amount? (20% of total bid price or $3,000,000 whichever is less)

00 21 13 - 7

☐Is the bond properly signed by both the Offeror and Surety and are all required seals affixed?

☐Is the name in which you submitted the bid the same on your bid as on your bid bond?

☐Are all erasures or corrections initialed by the person signing the bid?

☐Have you restricted your bid by altering the provisions of the solicitation?

☐Is your pre-award survey information (Section 00 21 13, Contractor Responsibility, Pre-

Award Survey Information To Be Submitted With Bid) included with your bid?

☐Have you completed the Representations, Certifications, and Other Statements of

Bidders/Offerors (Section 00 45 00) or provided a copy of your SAM.

☐Did you double check the time? Late hand-carried bids will not be considered. Late bids or modifications will be handled in accordance with FAR 52.214-1 Submissions, Modifications, Revisions, and Withdrawals of bids.

(End of Checklist)

00 45 00 - 1

Section 00 45 00

Representations and Certifications

CLAUSES INCORPORATED BY FULL TEXT

Table of Contents

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (OCT 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.209-12 Certification Regarding Tax Matters (OCT 2020)

52.209-13 Violation of Arms Control Treaties or Agreements--Certification (FEB 2021)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2020)

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (OCT 2016)

252.204-7017 Prohibition on the Acquisiton of Covered Defense Telecommunications Equipment or

Services--Representation (Dec 2019)

252.209-7996 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a

Felony Conviction under any Federal Law – DoD Military Construction Appropriations (Deviation 2013-

O0006) (JAN 2013)

252.209-7997 REPRESENTATION by corporations regarding an unpaid delinquent tax Liability or a felony conviction under any federal law—DoD appropriations (DEVIATION 2013-O0006) (JAN 2013)

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER

ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012)

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012) . 15

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

252.225-7974 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME

(DEVIATION 2020-O0005) (FEB 2020)

252.232-7016 Notice of Progress Payments or Performance-Based Payments (APR 2020)

00 45 00 - 2

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237110.

(2) The small business size standard is $39,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

00 45 00 - 3

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

00 45 00 - 4

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at

52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

X (i) 52.204-17, Ownership or Control of Offeror.

X (ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

00 45 00 - 5

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR

4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the

Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or https://www.sam.gov/

00 45 00 - 6

(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…