11-Prohibition on Certain Telecommunication and Video.pdf
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- Solicitation number
- 2027-20
- Issued by
- Multnomah County, Oregon
About this file
This document is a contract clause excerpt from the WIFIA Project Bid Book for the Cascade Wells 6A and 6B Well Chlorination project in Gresham, Oregon. The clause establishes prohibited uses of EPA financial assistance, specifically prohibiting the expenditure of WIFIA loan funds for procurement, contract extensions, or renewals involving covered telecommunications equipment or services. The project involves installing two well chlorination systems at 640 223rd Avenue in the City of Gresham. No specific quantities, response dates, site visits, bidders' meetings, award dates, or contract terms are detailed in this excerpt.
The document defines "covered telecommunications equipment or services" to include equipment produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, or their subsidiaries and affiliates. The prohibition applies to video surveillance and telecommunications equipment or services used for public safety, security of government facilities, physical security surveillance of critical infrastructure, and national security purposes. The clause provides limited exceptions for services connecting to third-party facilities and telecommunications equipment incapable of routing or redirecting user data traffic. No pricing terms, set-asides, incumbents, or specific funding amounts are addressed in this compliance provision.
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Text version
CONTRACT NO._____________________ WIFIA Project Bid Book (REV. 3/22)
PROJECT: CASCADE WELLS 6A AND 6B WELL CHLORINATION PAGE: 36
(F) PROHIBITION ON CERTAIN TELECOMMUNICATION AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT
Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment (Effective August 13, 2020). The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (P.L. 115-232), at Section 889, prohibits EPA financial assistance recipients, including WIFIA borrowers, from expending loan funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in the Act, “covered telecommunications equipment or services” means:
a) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
b) 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).
c) Telecommunications or video surveillance services provided by such entities or using such equipment.
d) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the 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.
The Act does not prohibit:
a) Procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements.
b) 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.
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