SOLICITATION NOTICE
J -- 628 LRS & 628 SFS Small Boat Maintenance & Repair Services
- Notice Date
- 7/1/2021 10:57:52 AM
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 488390
— Other Support Activities for Water Transportation
- Contracting Office
- FA4418 628 CONS PK JOINT BASE CHARLESTON SC 29404-5021 USA
- ZIP Code
- 29404-5021
- Solicitation Number
- FA4418-21-Q-0014
- Response Due
- 8/2/2021 11:00:00 AM
- Archive Date
- 08/17/2021
- Point of Contact
- Taylor E. Keefer, Phone: (843) 963-4491, Terry G. Harrelson, Phone: (843) 963-5158
- E-Mail Address
-
taylor.keefer@us.af.mil, terry.harrelson.1@us.af.mil
(taylor.keefer@us.af.mil, terry.harrelson.1@us.af.mil)
- Small Business Set-Aside
- SBA Total Small Business Set-Aside (FAR 19.5)
- Description
- Combined Synopsis � Solicitation for Commercial Items (IAW FAR 12.603 (c)) (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. FAR subpart 13.5, is applicable. This announcement constitutes the only solicitation. Proposals are requested and a written solicitation will not be issued. (ii) This solicitation/synopsis reference number is FA4418-21-Q-0014 and is being issued as a Request for Quote (RFQ). (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05, effective 10 Mar 2021. (iv) This acquisition is 100% set-aside for Small Business. The associated NAICS code is 488390 with a $41.5M size standard. (v) Contractors shall submit a proposal in reference to the attached Performance Work Statement (PWS) and bid schedule and associated Pricing Worksheet Solicitation Attachment Two. This Small Boat and Outboard Engine requirement is for Maintenance and Repair Services. All responsible sources may submit a quotation, which shall be considered. (vi) Small Boat and Outboard Engine Maintenance and Repair. �The contract shall provide services in cleaning, maintaining, and mechanical and electrical maintenance and repairs to vessels. Additionally, the contract will provide for preventive maintenance and repairs to the Honda Outboard Engines and Kohler Generators of the government�s small vessel and vessel support equipment identified under section 8.2. Finally, the contractor shall also provide additional service to include the following: Provide vessel-operating service during normal Government workdays, Operating, maneuvering, launching, shuffling, recovering and towing of small vessels, up to 30 feet in length, and Provide line handling services for incoming and departing ships & submarines. (vii) FOB Destination � The place of performance is Joint Base Charleston � Weapons Station, Goose Creek, SC 29445. The period of performance is one base year and 4 one-year options periods (1 Oct 2021 � 30 Sep 2026). (viii) The provision at FAR 52.212-1, Instructions to Offerors-Commercial (Jun 2020), applies to this acquisition and is amended as follows: A pre-proposal conference and site visit will be conducted at the JB Charleston�Weapons Station, Waterfront Operations facility at 10:30 A.M. (EST) on 15 July 2021. Site visit attendees will meet at the Redbank Club (Parking Lot), 2316 Redbank Rd., Bldg. 942, Goose Creek, SC 29445. All prospective offerors are urged to attend this conference and are requested to contact Taylor Keefer, Contract Specialist, at (843) 963-4491, e-mail address is taylor.keefer@us.af.mil or Terry Harrelson, the Contracting Officer, at (843) 963-5158, e-mail address is terry.harrelson.1@us.af.mil at least three (3) days prior to the conference date if they plan to attend. Special arrangements will be required to gain access to JB Charleston, SC. Offerors are cautioned that Joint Base Charleston has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED. Offerors should allow sufficient time to obtain a visitor pass (requiring valid driver�s license, Social Security Card, vehicle registration, and current proof of insurance). Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The response shall consist of two (2) separate parts; Part I � Price Proposal, and Part II � Past Performance Information. Only references for same or similar type contracts are desired. Provide a list of no more than five (5), of the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years. Relevant contracts are predictive, preventive and corrective maintenance services for Small Boat and Outboard Engine Repair. BUSINESS LICENSE TAX - SOUTH CAROLINA In accordance with Contract Clause entitled, ""Federal, State and Local Taxes"" dated FEB 2013/FAR 52.229-3 incorporated by reference, be advised that the Cities of North Charleston, South Carolina and/or Goose Creek South Carolina imposes a business license tax on all contract work within the cities of North Charleston, South Carolina and/or Goose Creek South Carolina. The cities interpret this to include contractors performing work for the United States government within the limits of North Charleston and/or Goose Creek. Joint Base Charleston � Air Base is included within the City of North Charleston, South Carolina and Joint Base Charleston � Weapons Station is included within the city limits of Goose Creek. The cost of the license is proportional to the dollar amount of work being executed. Information for the North Charleston City Tax may be obtained by calling 843-554-5700 extension 484, or 485, and for the Goose Creek City Tax by calling 843-797-6220. Offerors must submit a copy of Coxswain Certification with their offer. Offerors must also submit a copy of their Mission Essential Service Plan IAW DFARS 252.237-7024 found within para xiii.� (ix) FAR 52.212-2, Evaluation - Commercial Items (Oct 2014), applies to this acquisition and is amended as follows: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate offers in the following relative order of importance: (i) Technical capability; (ii) Price; and (iii) Past Performance.� Technical and Past Performance when combined are significantly more important than price. Technical Technical capability is evaluated as pass/fail: (a) The contractor must demonstrate that they or one of their employees holds a current Coxswain Certification. (b) The contractor must submit a Mission Essential Services Plan to include the required elements IAW DFARS provision 252.237-7004. Price Following the technical evaluation, the Government will evaluate offers by adding the total price of CLIN�s for all options to the total price for the basic requirement in order to determine the total quoted price for each offer (Base + 4 option years). In addition to determining the total quoted price, each offeror is requested to complete the formula provided within each of the Repair CLIN�s in �Attachment No. 2 - Small Boat RFQ - FA441821Q0014 - Pricing Worksheet� found within CLIN�s X002 and X004; of which the formula will be evaluated for informational purposes only. Offerors will then be arranged according to price, from lowest priced offer to the highest priced offer. The Government may determine an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Please note: The evaluation of the formula provided within each of the Repair CLIN�s X002 and X004 is for informational price evaluation purposes only and does not commit the government to ordering the estimated quantities identified within the formulas of CLIN�s X002 and X004. Past Performance Of the offers, having passed the technical evaluation, the government will begin evaluating past performance starting with the lowest priced offeror.� Evaluation of the offerors past performance is subjective and will result in a rating of (See table below) Substantial, Satisfactory, Neutral, Limited, or No Confidence.� Offerors who do not have recent and relevant past performance relating to this requirement will receive a rating of Neutral Confidence. Rating� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �Description Substantial Confidence� � � � � � � � � � � � � � � � � � Based on the offeror�s recent/relevant performance record, the Government has a� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �high expectation the offeror will successfully perform the requirement. Satisfactory Confidence� � � � � � � � � � � � � � � � � �Based on the offeror�s recent/relevant performance record, the Government has a� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �reasonable expectation the offeror will successfully perform the requirement. Neutral Confidence� � � � � � � � � � � � � � � � � � � � � No recent/relevant performance record is available or the offeror�s performance� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �record is so sparse, no meaningful confidence assessment rating can be reasonably� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �assigned.� The offeror may not be evaluated favorably or unfavorably on the factor of� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �past performance. Limited Confidence� � � � � � � � � � � � � � � � � � � � � Based on the offeror�s recent/relevant performance record, the Government has a� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �low�expectation the offeror will successfully perform the requirement. No Confidence� � � � � � � � � � � � � � � � � � � � � � � � �Based on the offeror�s recent/relevant performance record, the Government has no� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � �expectation the offeror will successfully perform the requirement. The Government will evaluate past performance for recency and relevancy.� Recency is defined as performance of similar services within the past three (3) years from the issue date of the solicitation.� Relevancy is defined as services of the same magnitude such as number of vessels and/or similar dollar value, and where the services provided include Coxswain Certification, vessel maneuvering, performing preventive maintenance as described in the solicitation PWS, and repairs to vessels, boat engines, and generators. If the lowest priced offer, having passed the technical evaluation receives a Substantial Performance Confidence Rating, that offer represents the best value for the Government and the evaluation process stops at this point; an award shall be made to that offeror without further consideration of any other offers. In the event the lowest priced offeror, having passed the technical evaluation does not receive a Substantial Performance Confidence Rating, the evaluation process will continue with the next lowest priced offeror until an offeror receives a Substantial Performance Confidence Rating or all offers are evaluated.� In the event an offeror other than then lowest priced offeror having passed the technical evaluation received a Substantial Performance Confidence Rating, the Contracting Officer will perform an integrated best value evaluation to determine the eventual awardee.� The Government reserves the right to award to a Substantial Performance Confidence Rated offeror, and reserves the right to award to other than the lowest priced offeror.� The Government intends to award a contract without interchanges with respective offerors. The Government, however, does reserve the right to hold interchanges with one, some, none, or all offerors. (x) All offerors shall include a completed copy of FAR 52.212-3, Offeror Representation and Certifications--Commercial Item (Feb 2021) or complete electronic annual representations and certifications at http://www.sam.gov. (xi) The clause at 52.212-4 Contract Terms and Condition�Commercial Items (Oct 2018), applies to this acquisition and is amended as follows: None. (xii) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders�Commercial Items (Jan 2021), applies to this acquisition. The following additional FAR clauses cited within the clause are applicable to this acquisition: (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 the acquisition of commercial items: (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 (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996). (6) 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 items: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020). (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282). (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (8) 52.209-6, Protecting the Government�s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020). (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018). (14) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020). (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018). (19) 52.219-14, Limitations on Subcontracting (Mar 2020). (22) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020). (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126). (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (30) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). (31) 52.222-35, Equal Opportunity for Veterans (Jun 2020). (32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020). (33) 52.222-37, Employment Reports on Veterans (Jun 2020). (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (35) 52.222-50, Combating Trafficking in Persons (Oct 2020). (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). (46) 52.223-21, Foams (Jun 2016) (E.O. 13693). (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018). (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 items: (1) 52.222-41, Service Contract Labor Standards (Aug 2018). (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014). (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018). (7) 52.222-55, Minimum Wages under Executive Order 13658 (Nov 2020). (8) 52.222-62, Paid Sick Leave under Executive Order 13706 (Jan 2017) (E.O. 13706). (xiii) The following additional clauses are applicable to this procurement (Full-text of clauses and provisions may be accessed electronically at this website: http://acquisition.gov): 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017). 52.204-7, System for Award Management (Oct 2018). 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020). 52.204-18, Commercial and Government Entity Code Maintenance (Aug 2020). 52.217-5, Evaluation of Options (Jul 1990). 52.222-22, Previous Contracts and Compliance Reports (Feb 1999). 52.222-54, Employment Eligibility Verification (Oct 2015). 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013). 52.237-1, Site Visit (Apr 1984). 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984). 52.253-1, Computer Generated Forms (Jan 1991). 252.201-7000, Contracting Officer's Representative (Dec 1991). 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011). 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013). 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011). 252.204-7000, Disclosure of Information (Oct 2016). 252.204-7003, Control of Government Personnel Work Product (Apr 1992). 252.204-7004, Antiterrorism Awareness Training for Contractors (Feb 2019). 252.204-7006, Billing Instructions (Oct 2005). 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (Oct 2016). 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019). 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (May 2016). 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (May 2019). 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sep 2014). 252.225-7001, Buy American and Balance of Payments Program (Dec 2017). 252.225-7002, Qualifying Country Sources as Subcontractors (Dec 2017). 252.225-7048, Export-Controlled Items (Jun 2013). 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Dec 2018). 252.232-7006, Wide Area WorkFlow Payment Instructions (Dec 2018). 252.232-7010, Levies on Contract Payments (Dec 2006). 252.243-7001, Pricing of Contract Modifications (Dec 1991). 252.243-7002, Requests for Equitable Adjustment (Dec 2012). 252.244-7000, Subcontracts for Commercial Items (Oct 2020). 52.204-22 Alternative Line Item Proposal (Jan 2017) (a)The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror. (b)The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable. (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 the provision at 52.204-26, Covered Telecommunications Equipment or Services�Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. (a) Definitions. As used in this provision� Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to� (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to� (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for �covered telecommunications equipment or services�. (d) Representation. The Offeror represents that� (1) ? It will ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds �will� in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that� It ? does ? does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds �does� in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded �will� in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment� (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services� (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications (End of Provision) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) (a) Definitions. As used in this clause� Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People�s Republic of China. Covered telecommunications equipment or services means� (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Critical technology means� (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A) to a customer of telephone company B) or sharing data and other information resources). Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered tele-communication 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...
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- Zip Code: 29404
- Country: USA
- Zip Code: 29404
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