W91QEX-23-Q-0032 - Panamax IPC.pdf

SEE ADDENDUM

( No Col lect Cal ls )

W91QEX23Q0032 09-Aug-2023

b. TELEPHONE NUMBER

305-437-3474

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 14 Aug 2023

5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

( SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t . Use Only)

23.

CODE 10. THIS ACQUISI TION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W91QEX9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORM ATION CALL:

a. NAM E

TELLECHEA, CRISTINA A. (RCO MIAMI)

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRI NT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52. 212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDI TIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52. 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, I S ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLI CI TATION

28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN

% FOR:SET ASI DE:UNRESTRI CTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILI TY

OFFEROR CODE

410TH CSB - RCO MIAMI

9301 NW 33RD ST

DORAL FL 33172

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATI NG

CODE15. DELI VER TO CODE 16. ADMI NI STERED BY

12. DI SCOUNT TERMS11. DELI VERY FOR FOB DESTI NA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SOUTHCOM J7/9

JESUS REYES ROMERO

9301 NW 33RD ST

DORAL FL 33172

TEL: 305-437-3445 FAX:

FAX:

TEL: SERVI CE-DISABLED

VETERAN-OWNED

SMALL BUSI NESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$40,000,000

NAI CS:

721110

X

OFFER DATED

29. AW ARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY

COPI ES TO ISSUI NG OFFI CE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOM EN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOM EN- OWNED

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF32

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTI TY IN COLUMN 21 HAS BEEN

RECEI VED I NSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATI VE

32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATI VE

37. CHECK NUMBER

FI NALPARTI ALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAI D BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT

41b. SIGNATURE AND TI TLE OF CERTIFYI NG OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/ MM/ DD) 42d. TOTAL CONTAI NERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 250 Each

Lodging- Room Nights

FFP

The contractor shall provide Lodging for Foreign National Participants identified under the contract in a rooming list provided by the GR and in accordance with Section C, Descriptions and Specifications, Performance Work Statement (Table 1). Any other rooms, and services are the responsibility of participants arranging them and the Government will not be held liable.

FOB: Destination

PSC CD: V231

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 265 Each

Breakfast

FFP

The contractor shall provide breakfast for Partner National Personnel in accordance with Section C, Performance Work Statement, Paragraph 6.1, 6.2, 6.2.1, and Table 2 for further details.

If breakfast is not included in the lodging rate, the Government will only pay for meals consumed by the participants identified under the contract, as shown in Table 2.

FOB: Destination

PSC CD: V231

NET AMT

0003 265 Each Lunch

FFP

The contractor shall provide lunch for Partner National Personnel in accordance with Section C, Performance Work Statement, Paragraph 6.3 and Table 2 for further details.

FOB: Destination

0004 265 Each Dinner

FFP

The contractor shall provide dinner for Partner National Personnel in accordance with Section C, Performance Work Statement, Paragraph 6.4 and Table 2 for further details.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

(PWS)

PANAMAX 22- Initial Planning Conference (IPC) United States Southern Command

(USSOUTHCOM) Hotel Services

1. GENERAL: The United States Southern Command (USSOUTHCOM) has a requirement for lodging, meals, transportation, and parking in support of PANAMAX 24 Initial Planning Conference (IPC) event in Doral, Florida. This Performance Work Statement (PWS) details the lodging, transportation, parking, and meal requirements in support of this planning conference from 25 September-30 September 2023.

2. TIMELINE: 25 September-30 September 2023

25 September 2023: Delegations start to arrive.

30 September 2023: Departure of delegations.

3. DESCRIPTON OF SERVICE

3.1. HOTEL LOCATION: The contractor shall be in a safe secure location, which shall pass a DOD security assessment. Due to high traffic in the area, and the conference being held at USSOUTHCOM, the hotel shall be located within seven (7) miles of USSOUTHCOM Headquarters at 9301 NW 33rd St, Doral, Florida 33172 in order to transport participants securely to and from USSOUTHCOM.

3.2. HOTEL SECURITY AND FORCE PROTECTION INSPECTION. The hotel shall provide the Government’s Representative (GR) an orientation and meeting with the hotel security manager, and a direct contact on the hotel staff for resolving security issues. If external security augmentation is used, the hotel security manager shall ensure complete and unlimited access and seamless coordination between the hotel’s organic security systems and the external augmentation units.

3.3. CORONAVIRUS (COVID-19) MITIGATION MEASURES. The selected facility shall have COVID-19 mitigation measures as part of their daily standard of operations. All areas of the hotel shall be part of this plan. Hotel employees shall follow established and updated industry measures, if customary and available, hotel guests shall be provided with the necessary guidance, and basic supplies (hand sanitizer, etc.).

3.4. HOTEL REPRESENTATIVE. The contractor shall provide a representative to act as a liaison with the GR. The contractor representative shall be of sufficient authority to resolve issues as they arise and shall be available during the period of contract performance. The contractor shall provide the GR with a list of on-call hotel points-of-contact who have the authority to resolve issues affecting their areas of support.

3.5. HOTEL SERVICE BREAKDOWNS. The contractor shall ensure that any maintenance or repairs of hotel equipment, to include: guest rooms, elevators, kitchen equipment, etc., shall be corrected immediately at the contractor’s expense, without further cost to the Government. In the event of power failure(s), the hotel shall provide back-up power sources within one (1) hour. All equipment shall be repaired within one (1) hour or replaced within two (2) hours of the reported malfunction.

3.6. HOTEL ITEMS/AMENITIES EXCLUDED FROM THE CONTRACT. The

Government will not pay for movies, mini-bars, laundry, room service, telephone calls from or charged to guest rooms, or any other hotel charges other than those specifically provided in this contract.

3.6.1 Movies, mini-bars, service charges, etc. shall be itemized separately on service bills.

Hotel guests shall be responsible for all legitimate charges appearing on their lodging statements, except for the contracted lodging and meals.

3.6.2 The contractor’s staff shall inform guests during check-in, which services shall not be covered by the Government. The contractor’s staff shall request a credit card from all guests upon check-in. Charges not covered by the contract are to be resolved between the guests and the hotel.

3.7 HOTEL ITEMS/AMENITIES INCLUDED IN CONTRACT. The contractor shall provide a fitness center with a variety of fitness equipment in compliance with COVID-19 measures. All regular hotel guest facilities and amenities, to include the hotel business center and the spa facilities, shall be made available for all participants who are registered at the hotel.

3.8 BAGGAGE SERVICE. The contractor shall have baggage handling equipment available for hotel guests during check-in and check-out.

4. LODGING. The contractor shall allow guests an early check-in time as early as 8:00 AM on 25 September 2023 (if available) on arrival day and late check-out on departure date 30 September (if available). Conference participants wishing to extend their stay in the hotel must check out within the designated checkout time on the specified end date. These guests are fully responsible for any incurred expenses during their extended stay.

4.1. ROOMS REQUIRED. The contractor shall provide single occupancy rooms, as noted in Table 1.

Table 1

September 2023 MON

TUE

WED

THU

FRI

SAT

Total

Regular Rooms (Contract)

4.2. QUALITY STANDARDS FOR ROOMS. All rooms shall include high standards of hygiene, private bath with full toilet and shower facilities, hot and cold running water, and clean linens daily, electricity, and color television with cable, internet service, and appropriate furniture. All regular hotel guest facilities and amenities, to include the hotel business center and the exercise facilities, shall be made available for conference attendees free of charge, if they are registered in the hotel. If customary and available, the contractor shall provide internet/Wi-Fi service in each contracted room at no extra cost to the Government. The contractor shall follow established COVID-19 mitigation measures and all rooms shall be thoroughly disinfected and sealed before checking-in.

4.4 ROOM INFORMATION. The Government will only pay for rooms used (“Contracted”). The Government intends to utilize all rooms requested. However, the possibility exists that due to unforeseen circumstances a few participants may have to cancel their attendance; therefore, the Government reserves the right to cancel the reservation up to 24 hours in advance. If there is a no-show, the Government will only pay for the first night for that reservation as a cancellation fee.

4.5 ROOM LIST. The GR will furnish the contractor a rooming list with all the participant’s names by 1700, 21 September 2023.

5. TRANSPORTATION/ PARKING REQUIREMENTS/ TAXI ACCESS

5.1. AIRPORT SHUTTLE SERVICE. The contractor shall provide a courtesy shuttle service to and from Miami International Airport as part of their standard business practices offered to any guest staying at their hotel. This transportation shall remain consistent with the hotel’s existing airport shuttle schedule. The Government will accommodate to contractor’s pre-existing shuttle schedule.

5.2 PARKING. The contractor shall provide two (2) parking spaces on 25 September and 30 September 2023. Parking shall be in a secure area with adequate lighting and security. The contractor’s staff shall be aware that there are two (2) reserved parking spaces. The GR will validate parking for any hotel guest requiring parking space with the hotel’s contract manager by identifying the individual and providing the license plate information no later than 24 hours prior to the use of parking facilities.

5.3 TAXI ACCESS (Self-Paid). The Government requires readily responsive, 24-hour, taxi or ride-sharing service access at the hotel, to be used and paid by the event participants and staff. The Government will not pay for these taxi services.

6. FOOD AND BEVERAGE

6.1. MEALS. The contractor shall provide meals to specific participants as directed by the GR and Table 2 below. The GR will indicate by 21 September 2023 which guest’s meals are covered by the contract. The hotel shall have a full-service restaurant on property and have the ability to cater meals. Hotel will provide meal tickets upon check in for the meals. The contractor shall provide meals within their main facilities at the hotel restaurant.

6.2 BREAKFAST. The contractor shall provide buffet style or a format that complies with

COVID-19 mitigation efforts. Breakfast should consist of juices, fresh fruits, pastries, bread as well as hot dishes (eggs, bacon, sausage, ham, etc.), coffee and tea. If the restaurant cannot accommodate all participants eating at the same time while maintaining COVID-19 mitigation requirements, a separate room shall be required for breakfast.

6.2.1 If breakfast is not included in the lodging rate, the Government will only pay for meals consumed by the participants identified under the contract, as shown in Table 2. The participants will identify themselves by their room number prior to the meal. The GR will supervise this process.

6.2.2 BREAKFAST SCHEDULE. The contractor shall provide breakfast from 25 September – 30 September 2023, between the hours of 6:30 AM – 09:00 AM.

6.3 LUNCHES. The contractor shall provide lunch for those participants identified under the contract in a rooming list provided by the GR by 21 September 2023 (See Table 2). The contractor shall furnish the menu items to the GR for acceptance no later than 1700, 21 September 2023. Any unauthorized charges outside of the agreed upon meal offerings shall be billed directly to the ordering individual. Direct specification of these meals will be discussed with the hotel and the GR.

6.3.1 LUNCH SCHEDULE. Lunches shall be prepared as lunch boxes from 26 September –29 September 2023 between the hours of 10:30am -11:00pm and they will be pick up by a GR to be delivered to the HQ’s Command.

6.4 DINNERS. The contractor shall provide dinner at the hotel restaurant for those participants identified under the contract by 25 September 2023 (See Table 2). No special arrangements or specific rooms are necessary for these meals. Participants will choose their meals from the restaurant’s menu. The Government will only pay for meals consumed by the invited participants, who will identify themselves by providing their room numbers prior to the meal. All meal receipts associated with this conference shall be submitted daily to the GR for verification and accountability. The contractor shall furnish the menu items to the GR for acceptance no later than 1700, 21 September 2023.

6.4.1 DINNER SCHEDULE. From 25 September – 29 September 2023, Dinner shall be served between the hours of 6:30 PM-Restaurant closing.

6.5 ALCOHOL POLICY. The Government will not pay for alcoholic beverages during any meal or any other time during this event. If any participant covered by the contract requests an alcoholic beverage, the restaurant invoice shall separate the charge for alcoholic beverage and food. All meal receipts associated with this conference shall be submitted daily to the GR for verification and accountability. Direct specification of these meals will be discussed with the hotel and the GR. If an alcoholic beverage is served, the hotel will give the conference participant a separate receipt for that alcoholic purchase and annotate the participant’s room number. The hotel will only issue “food” receipts to the Government.

W91QEX23Q0032

Table 2

Day MON TUE WED THU FRI SAT Total September 25 26 27 28 29 30

Meals

Breakfast 50 50 50 50 50 15 265

Lunch 50 50 50 50 50 15 265

Dinner 50 50 50 50 50 15 265

7. ADDITIONAL REQUIREMENTS.

8.1 APPLICABILITY. Tax exemption, if any, applies to self-fund as well as contract-funded attendees; therefore, taxes shall be removed from bill once forms have been submitted to hotel by the Government Representative.

8 GOVERNMENT REPRESENTATIVE. A Government Representative (GR) will coordinate administrative, logistical and miscellaneous issues with the contractor.

This representative shall not make any changes to the terms, conditions, standards or cost of the contract. This individual has authority to provide technical direction to the contractor if the direction is within the scope of the contract, it does not constitute a change and has no funding implications.

8. ADDITIONAL REQUIREMENTS.

8.1 APPLICABILITY. Tax exemption, if any, applies to self-fund as well as contract-funded attendees; therefore, taxes shall be removed from bill once forms have been submitted to hotel by the Government Representative.

8.2 GOVERNMENT REPRESENTATIVE. A Government Representative (GR) will coordinate administrative, logistical and miscellaneous issues with the contractor. This representative shall not make any changes to the terms, conditions, standards or cost of the contract. This individual has authority to provide technical direction to the contractor if the direction is within the scope of the contract, it does not constitute a change and has no funding implications.

8.3 CHANGES TO CONTRACT. The only person authorized to make changes to the contract is the Contracting Officer (not the Government Representative). Failure to clear changes in contract with the Contracting Officer shall result in contractor not receiving compensation for costs incurred. Accordingly, the Contracting Officer shall be notified prior to any additional services performances and a contract modification should be issue to the contractor (changes in cost to the Government). The contractor shall only take change orders from the Contracting Officer. Purchases or changes from unauthorized persons may result in the contractor not receiving payment for costs incurred.

8.3.1 It is emphasized that only a Contracting Officer has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the contractor under such direction unless the Contracting Officer has issued a contractual change or otherwise resolved the issue.

NOTE: Offers will not be accepted from third party agencies. Offers will be accepted directly from hotel only. In accordance with the PWS requirements, the successful offeror shall provide a point of contact of sufficient authority to authorize changes.

For this and other PWS requirements to be met, the Government must maintain privacy of agreement directly with the Hotel providers. Offers from third parties shall be considered non-responsive and will be excluded from consideration for award.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government

PAYMENT INSTRUCTIONS

All payments under this contract will be accomplished by the MASTERCARD Government Purchase Card. Payment will be made only after a complete invoice of all costs associated with this contract has been submitted to the paying official. Mininum invoice requirements are listed below:

POINT OF CONTACT:

Government POC: Jesus Reyesromero, jesus.m.reyesromero.civ@mail.mil

Vendor: TBD

Contracting POC:

Contracting Officer: Sherwin D. Riley, sherwin.d.riley.civ@mail.mil

Contract Specialist: Cristina Tellechea, cristina.a.tellechea.civ@mail.mil

METHOD OF PAYMENT:

GOVERNMENT PAYMENT CARD – MASTERCARD

INFORMATION FOR THE VENDOR:

Please submit the original invoice to:

Ms. Cristina Tellechea 410 CSB – Miami Division Attn: Cristina Tellechea, cristina.a.tellechea.civ@mail.mil Vendor shall Include the following items on the invoice:

*Name and address of contractor *Invoice date and invoice number *Contract Number – Inlcude purchase order and contract line tiem numbers(s) *Date of Purchase *Itemized list of supplies or services furnished and must correspond to each contract lint item number (CLIN) *Quality, Unit Price, and Extension of Each Item (unit prices and extensions need not beshown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and *Date of Delivery/Shipment/Performance *Name and address of official to whom payment is to be rendered *Invoices shall be preparted in English and in US Dollars (US$).

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 25-SEP-2023 TO

30-SEP-2023

N/A SOUTHCOM J7/9

JESUS REYES ROMERO

9301 NW 33RD ST

DORAL FL 33172

305-437-3445

0002 POP 25-SEP-2023 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 25-SEP-2023 TO

0004 POP 25-SEP-2023 TO

Section G - Contract Administration Data

CONTRACT ADMINISTRATION

CONTRACT ADMINISTRATION

Information and questions pertaining to this requirement shall be addressed to the following points of contact (POCs):

Primary Cristina Tellechea Contracting Specialist Phone: (305) 437-3474 Email: cristina.a.tellechea.civ@mail.mil

Alternate Sherwin Riley Contracting Officer Phone: (305) 437-1811 Email: sherwin.d.riley.civ@mail.mil

COMPLAINTS

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC.

The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:

Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256)450-8840

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.252-6 Authorized Deviations In Clauses NOV 2020 52.252-2 Clauses Incorporated By Reference FEB 1998

CLAUSES INCORPORATED BY FULL TEXT

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/far

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

XXX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

XXX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XXX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

XXX (9) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (11) [Reserved]

____ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (14) [Reserved]

____ (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (18)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (19) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

____ (23) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XXX (28) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XXX (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

XXX (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XXX (31)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

XXX (32)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

XXX (33)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

XXX (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

XXX (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XXX (36)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (37) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (38)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (41)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (42)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (44)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XXX (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (47) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (48)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (49) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (51) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

XXX (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

(xiv) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (MAR 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(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…