Inactive Total Small Business Set-Aside (FAR 19.5)

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 and 1... 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 and 13.5 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are requested and a written solicitation will not be issued. Funds are not presently available for this contract, as a result the Government is under no obligation to make an award as a result of the issuance of this solicitation (FAR 52.232-18, Availability of Funds). (ii) This solicitation/synopsis reference number is FA441822Q0040 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 2022?06, effective 26 May 2022. (iv) This acquisition is 100% set?aside for Small Business. The associated NAICS code is 561990 with a $14.5M size standard. (v) A list of line item number(s) and items, quantities, and units of measure to include options can be found within the associated Pricing Worksheet (Attachment Five). Interested Offerors shall submit a quote in reference to both, the attached Performance Work Statement (PWS) (Attachment One) and the attached associated Pricing Worksheet (Attachment Five). All responsible sources may submit a quotation, which shall be considered. (vi) This requirement is for utility locating and marking services. The Contractor shall provide all labor, supervision, tools, equipment and transportation as required to locate and mark utilities via paint, pin flags, bristles, and/or stakes; map and survey underground utilities and provide a drawing (free-hand or computer automated) to the Government showing the location of the underground utilities. For the purpose of this requirement, underground utilities include the following: water lines, waste water lines, storm sewer lines, natural gas lines, fuel lines, electrical lines, steam lines, geothermal lines, well fields, air field lighting lines, as well as any associated valves. The Contractor will use industry standard colors IAW American Public Works Association Uniform Color Codes to identify all markings. (vii) FOB Destination – The place of performance is Joint Base Charleston to include the Air Base and Weapons Station, Short Stay, North Auxiliary Airfield, the NIWC Facility on Sullivan’s Island, and Federal Property located at the old Navy Ship Yard. The period of performance is one base year and 4 one?year options periods (1 Oct 2022 – 30 Sep 2027). (viii) The provision at FAR 52.212?1, Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021), applies to this acquisition and is amended as follows: (a) Quotes must be complete, self?sufficient, and respond directly to the requirements of this solicitation. Pricing shall be submitted utilizing the Pricing Worksheet Attachment Five. (b) The response shall consists of two (2) separate parts: Part I – Past Performance Information; and Part II – Quoted Price. (c) Only references for same or similar type contracts are desired. Offerors are to provide a list of no more than three (3), of the most relevant contracts performed for Federal agencies and commercial customers within the last three (3) years. Relevant contracts are considered utility locates that are similar in nature to the underground utilities listed within para vi. (d) Offerors must submit a copy of their Mission Essential Service Plan IAW DFARS 252.237?7024 found within para xiii in order to be considered responsive to this solicitation. (ix) FAR 52.212?2, Evaluation ? Commercial Products and Commercial Services (Nov 2021), applies to this acquisition and is amended as follows: (a) 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. (b) The following factors shall be used to evaluate offers in the following relative order of importance: (i) Price; and (ii) Past Performance (c) Price 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). 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). (d) Past Performance Next, 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 locates and/or similar dollar value, types of locates performed, equipment utilized to perform locating services, and the drawings/maps rendered as a result of performing utility locates as described in the solicitation PWS. If the lowest priced offer, 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, 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 receives 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 Representations and Certifications ?- Commercial Products and Commercial Services (May 2022) or complete electronic annual representations and certifications at http://www.sam.gov. (xi) The clause at 52.212?4 Contract Terms and Conditions —Commercial Products and Commercial Services (Nov 2021), 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 Products and Commercial Services (May 2022), applies to this acquisition. The following additional FAR clauses cited within the clause are applicable to this acquisition: (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: (1) 52.203?6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402). (2) 52.203?13, Contractor Code of Business Ethics and Conduct (Nov 2021). (4) 52.204?10, Reporting Executive Compensation and First?Tier Subcontract Awards (Jun 2020) (Pub. L. 109?282). (8) 52.209?6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021). (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 (Sep 2021). (22) 52.219?28, Post Award Small Business Program Representation (Sep 2021). (27) 52.222?3, Convict Labor (Jun 2003) (E.O.11755). (28) 52.222?21, Prohibition of Segregated Facilities (Apr 2015). (29) 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 (Nov 2021) (22 U.S.C. Chapter 78 and E.O. 13627). (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). (51) 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). (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 products and commercial services: (1) 52.222?41, Service Contract Labor Standards (Aug 2018). (2) 52.222?42, Statement of Equivalent Rates for Federal Hires (May 2014) [See full text within Para xiii]. (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 for Contractor Workers under Executive Order 14026 (Jan 2022). (8) 52.222?62, Paid Sick Leave under Executive Order 13706 (Jan 2022) (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: https://www.acquisition.gov): 52.203?18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements?Representation (Jan 2017). 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017). 52.204?7, System for Award Management (Oct 2018). 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011). 52.204-13, System for Award Management Maintenance (Oct 2018). 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014). 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 (May 2022). 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011), with Alternate I (May 2011). 52.223-19, Compliance with Environmental Management System (May 2011). 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016). 52.229-11, Tax on Certain Foreign Procurements – Notice and Representation (Jun 2020). 52.232-8, Discounts for Prompt Payment (Feb 2002). 52.232-11, Extras (Apr 1984). 52.232-18, Availability of Funds (Apr 1984). 52.232-19, Availability of Funds for the Next Fiscal Year (Apr 1984). 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013). 52.232?40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021). 52.237?2, Protection of Government Buildings, Equipment, and Vegetation (Apr 1984). 52.246-16, Responsibility for Supplies (Apr 1984). 52.247-5, Familiarization with Conditions (Apr 1984). 52.247-12, Supervision, Labor, or Materials (Apr 1984). 52.247-34, F.o.b. Destination (Nov 1991). 52.247-35, F.o.b. Destination, Within Consignee’s Premises (Apr 1984). 52.247-50, No Evaluation of Transportation Costs (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). 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2021). 252.204-7022, Expediting Contract Closeout (May 2021). 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). 252.215-7013, Supplies and Services Provided by Nontraditional Defense Contractors (Jan 2018). 252.223?7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sep 2014). 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013). 252.225?7001, Buy American and Balance of Payments Program (Mar 2022). 252.225?7002, Qualifying Country Sources as Subcontractors (Mar 2022). 252.225?7048, Export?Controlled Items (Jun 2013). 252.232?7003, Electronic Submission of Payment Requests and Receiving Reports (Dec 2018). 252.232?7010, Levies on Contract Payments (Dec 2006). 252.232-7017, Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration (Apr 2020). 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 (Jan 2021). 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 (Nov 2021). 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 Products or Commercial Services. 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 (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 services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) 52.204?25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (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 Commerc...