22Q3125 Avigilon RFQ 220916.docx

REQUEST FOR QUOTATION SPMYM322Q3125 (Reissued, from 22Q3124)

** THIS IS NOT AN ORDER **

PLEASE PROVIDE DELIVERED PRICES (FOB DESTINATION)

REFERENCE/PR: 22017242+

QUOTE DUE: 09/20/2022 03:00 PM EST

Set Aside: 100% SBSA

FSC/NAICS: 6350/334220

Size Standard: 1250 Your Company Info:

Vendor:

ATTN: Government Sales

Fax:

Email:

DLA MARITIME – PORTSMOUTH

CONTRACT SPECIALIST: Emily Bateman Cage Code: ______________ Desk Phone: 207-438-3985

*** PLEASE FILL OUT THIS FORM COMPLETELY***

** In accordance with FAR 52.204-7(b)(1), an Offeror is required to be registered in SAM when submitting an offer or quotation, and must be listed as active, to prevent unduly delaying award. Information, instructions, forms, etc. for the System for Award Management (SAM) are available at https://www.sam.gov/portal/public/SAM/ **

Attention: Provisions below MUST be filled in to be considered for award.

This requirement is Brand Name Mandatory for Avigilon due to these parts being replacement parts for existing equipment, and required compatibility with an existing CCTV system.

PRICE LISTING/GSA

Is this a PRICE LISTED item? Yes ___ No ___. If Yes, include copy of price list with your quote.

Is this a GSA ITEM? Yes ___ No ___. If Yes, GSA Contract Number is: _________________________

SHIPPING INFORMATION

PLACE OF MFG/COUNTRY OF ORIGIN: _____________

IF NOT USA, DUTY INCLUDED IN PRICE Yes ___ No ___

SHIP TO: DELIVERY TIME __________ Calendar Days ARO Portsmouth Naval Shipyard

IMPORTANT NOTE: The below Required Delivery Date (RDD) shall be met or exceeded in order to ensure your offer is considered responsive. If no offers are received which meet or exceed the Government’s RDD, award may proceed to the LPTA offeror, and may be made based on soonest delivery.

GOVERNMENT RDD: __w/in 180 days ARO___

PAYMENT INFORMATION

PAYMENT TERMS______%______DAYS DISCOUNT TERMS __________________

Please indicate the method (s) of payment you accept (Government Purchase Card: GPC or Wide Area Workflow: WAWF). Payment terms are always Net 30 AFTER the material has passed inspection and has been accepted.

GPC ___________ -OR- WAWF ____________

**The original P/N for CLIN 0005 has been discontinued**

YOUR COMPANY INFORMATION

YOUR BUSINESS SIZE (CIRCLE ONE): Large (LG), Small (SB), Small-Disadvantaged Business (SDB), Veteran-Owned Small Business (VOSB), Women-Owned Small Business (WOSB), Economically Disadvantaged Women-Owned Small Business (EDWOSB), Service Disabled Veteran Owned Small Business (SDOVSB), (HUBZONE), (8a).

QUOTING AS MANUFACTURER? Yes ___ No ___

QUOTING AS DEALER? Yes ___ No ___ Name of Quoted Manufacturer ___________________

AUTHORIZED DEALER? Yes ___ No ___ IF DEALER, MFG SIZE (CIRCLE ONE): SB or LB

SAM CAGE CODE: _____________ DUNS #: ____________ TIN #: _______________

Representations must be filled in below, and provided with the submission of the quote.

Offers received without completed representaions may not be considered for award.

PRINTED NAME_______________________________SIGNATURE_____________________________

DATE______________

MATERIAL INFORMATION

Is Shipping/Freight included in the Unit Price?: Yes ☐ or No ☐

*** This requirement is brand name mandatory for Avigilon due to these parts being replacement parts for existing equipment, and required compatibility with an existing CCTV system. *** ***All Line Items to be provided in accordance with (iaw) the below Statement of Work (SOW) ***

ITEM DESCRIPTION QTY U/I UNIT PRICE TOTAL PRICE

**original CLIN 0005 P/N is discontinued** Replacement: AVI-2.0C-H5A-IRPTZ-DP40-WP

Statement of Work (SOW) Avigilon Camera Installation of Building 374

1. Scope of Work:

The work covered in this Scope of Work, consists of furnishing all labor, materials, tools, equipment and transportation necessary to perform all work in connection with the installation of Closed Circuit Television (CCTV) Cameras in and on Building 374 at the Portsmouth Naval Shipyard (PNSY) in Kittery, Maine (ME).

1.1 Technical

1.1.1 The overall solution must provide 360° visual coverage of Building 374, as well as all entrances to Nuclear Work Areas (NWA’s) within Building 374. All cameras must be capable of connecting to and interacting with existing Shipyard CCTV server infrastructure. All cameras will be licensed with Avigilon Control Center Software. Locations of NWA’s will be given upon contract award.

Replacement P/N is Added: AVI-2.0C-H5A-IRPTZ-DP40-WP, Quantity: 2

1.1.4 A Network Video Recorder (NVR) will be provided with the cameras. This NVR will have at least 16 Terabytes (TB) of storage capacity, preinstalled with Windows Server, and be able to work with Avigilon camera equipment. The NVR needs to be a 2U rack mount unit. The provided NVR will be compatible with existing Shipyard NVR equipment.

1.1.5 Network cabling shall be CAT6 and Orange.

1.2 Installation:

1.2.2 The contractor shall remove all incidental debris created in the course of the installation process. The contractor shall clean up the job site using their own equipment to clean the work area. Upon completion of the work, the contractor shall leave work area free of equipment, tools, materials, trash, debris, and dust.

1.2.3 After the completion of the installation, the contractor shall provide documentation that the work performed was to applicable regulations and requirements and the equipment performs as intended.

1.3 Delivery of Equipment:

1.3.1 The contractor shall call and coordinate delivery time with the Code 105.6 Facility Point of Contact, (contact information will be provided with award) for base access as needed. The contractor shall call and verify delivery time with customer at least five (5) business days prior to delivery. The Vendor is solely responsible for the delivery of the Equipment to the installation site, including freight, delivery, rigging, etc. The Government is only able to provide assistance loading and unloading equipment from the delivery vehicle to ground level by means of fork truck or equivalent equipment.

1.3.2 Staging areas will be provided by Code 105.6. Indoor staging for equipment requiring climate controls will be provided in Corridor 129 of Building 374 (Specifically the back hallway leading into the generator pen). Outdoor staging areas of larger equipment will be provided in the lawn adjacent to the parking lot, between the generator pen and the storage tent.

2. General Requirements:

2.1 All work performed by the contractor shall be in accordance with the requirements specified herein, the project specifications, and local, state and federal codes.

2.2 The means and methods of work associated with this project shall be in accordance with the tasks specified on the enclosed contract documents and the following general requirements:

2.2.1 The contractor shall coordinate all work to permit Navy/Facility operations to be performed during the course of work. It is anticipated that the contractor may need to work outside normal work hours and/or weekends to ensure Navy/Facility operations are not impacted by work performed by the contractor. Additionally, some delays due to periodic work stoppages or changes in work sequence necessitated by Navy/Facility operations should be anticipated and taken into account by the contractor. The performance period and contract completion date specified by the contract includes adequate float to cover any such delays that may result. Consequently, any delay claimed by the contractor will not be entertained if they are related to such schedule impacts due to Navy/Facility operations.

2.2.2 Contractor shall provide all supervision, labor, materials, tools, equipment, consumables, and transportation necessary to perform tasks within this project.

2.2.3 Contractor can conduct an on-site consultation in and around Building 374 to verify the appropriate number of cameras, ensuring the required 360 degree coverage upon contract award.

2.2.4 The project is located in and adjacent to Nuclear Work Areas. The contractor is not allowed in these areas without continuous Government escorts.

2.3 Contractor Security Responsibilities

2.3.1 Contractor employees shall not transport any weapons or have in their possession any weapons on PNSY. This includes storing weapons in personal and contractor owned vehicles.

2.3.2 All contractor employees must meet the requirements for access to Federal installations at the time the time work is being performed. They will need to be United States Citizens, and bring two forms of identification when entering the base.

2.3.1 Contractor employees shall not transport, drink, or have in their possession any alcoholic beverages. Possession of any controlled substances without a physician’s prescription is also prohibited. Any contractor employee appearing to be under the influence of intoxicating liquor or narcotics will be apprehended by Shipyard Police, escorted off PNSY, and turned over to the local Police Department.

2.3.2 Cell Phones equipped with cameras are permitted aboard PNSY only outside NAVSEA controlled spaces, but taking pictures is prohibited. Cameras and cell phones equipped with cameras are not allowed in the Controlled Industrial Area, or any NAVSEA controlled space. No cell phones, cameras, nor Personal Electronic Devices (PED) are allowed in Nuclear Work Areas.

2.3.3 Laptops and any other computers, regardless of form factor, shall not be introduced nor removed from PNSY without authorization. Only business use computers are allowed. Contractors are not authorized to bring personally owned computers on-yard. If a computer is required to perform work on-yard, a Visitor’s Portable Computer Equipment Registration form must be completed and submitted for approval. These forms can be obtained and completed at the pass office upon entrance to the Shipyard.

2.3.4 Any computing devices that also have or had an installed camera, must follow the same requirements as cell phones. If the computing device is visiting a NAVSEA space, it cannot have a camera. If the device has a camera, the only acceptable remediation is that the camera be professionally removed or drilled out and the resulting void must be filled with a brightly colored epoxy.

2.3.5 In the event that a camera is required for the performance of the contracted work, approval must be obtained from the Code 1120 security office. In the event of any deviation from the requirement to remove and epoxy the camera, authorization must be sought from Code 1120. All requests for camera use and deviations should come to Code 1120 through your COR or Shipyard POC. Authorizations and approved computer registrations must remain with the devices and be presentable upon request. Devices without a documented approval or observed being use in a manner that violates the terms of the Visitor Portable Computer Equipment Registration agreement are subject to search and seizure.

2.3.6 Use of wireless networking and communication on-yard by a contractor requires prior authorization. Communication devices such as cellular hotspots and wireless routers must also be registered using the same Visitors Portable Computer Equipment Registration. This does not include air-cards and straight cellular data. It does include any devices that transmits or broadcasts Wi-Fi, included cellular phones with the personal hotspot feature enabled.

2.3.7 The contractor shall indoctrinate personnel on access limitations to ensure security control is maintained as an integral part of their work pattern and habit.

2.3.8 Contractor is advised that any unescorted personnel found in security areas requiring a higher level clearance than the level represented by the badge displayed will be removed from the area with possible confiscation of security badges and vehicle passes.

2.3.9 Contractors shall inform the Contracting Officer of the use of, or intent to use, any PED(s) (ex, Cell phone, radio, Apple Watch or FitBit) which have the capability to record, copy, store, export, and transmit data, photography, digital images, video or audible information, inside any NAVSEA controlled spaces. Lockable cubbies will be provided by PNSY for Contractor PEDs. Contractors shall provide the manufacturer’s data describing the electronic capabilities of the device(s)

3. Period of Performance:

3.2 Estimated Time on Site: 5 Business Days

3.3 Contractor will contact Code 105.6 representative (contact information will be provided with award) to hold pre-installation conference (either in person or via phone/video call). Conference will be held no later than 15 calendar days after received contract award.

4. Cleanup:

4.1 Contractor shall clean up the job site daily, and shall use his or her own equipment to clean the work area to the satisfaction of the Contracting Officer Representative. Upon completion of project work, contractor shall clean the work area to be free of equipment, tools, materials, trash, debris, and dust.

5. Operation & Maintenance Manuals:

5.1 The contractor shall submit Operation & Maintenance Manuals. Contractor shall provide three (3) hard copies and two (2) electronic copies of the operation and maintenance manuals. Operation and Maintenance Manuals shall be consistent with manufacturer’s standard brochures, schematics, printed instructions, general operating procedures, and safety precautions.

6. Internal Service Requirements List:

6.1 The contractor shall furnish a list of installed equipment furnished under this contract.

{end SOW}

ADDT’L MATERIAL INFORMATION

Is there a minimum order quantity? SPECIFY: __________ Are there any quantity breaks? RANGE AND PRICING: _______________

Does the item offered contain hazardous materials? No ___ Yes ___ (MSDS Required)

EVALUATION CRITERIA

☒ If checked, the Government anticipates making a single award (all or none), DSCC Provision M15D02, 52.215-9C09. If this box is not checked, requirement will be evaluated for split award.

Source selection criteria: Lowest Price Technically Acceptable Quotations submitted by each vendor will be evaluated in accordance with the specifications provided in the solicitation, and determined to be either acceptable or unacceptable. Technical submissions that do not meet the minimum requirements will be rated as "Unacceptable" and will no longer be considered for further competition or award.

The Government intends to make an award without discussions.

☒ If checked, SPRS evaluation procedures apply to determine vendor responsibility.

Other than Certified Cost and Pricing Data may be requested to support fair and reasonable price determination.

INSPECTION

Inspection Location: ☒ Final Inspection at Destination. -OR- ☐ Final Inspection at Origin Inspection Terms: QA1 ☐ , QA2 ☐ , QA3 ☐ , QA4 ☒ Inspection Time: QA-4 material has a 7-day inspection time and QA-2 and QA-3 have a 45-day inspection time, BUY AMERICAN

DFARS Buy American Act - Balance of Payments applies if >$10,000.00.

DFARS Buy American Act - Free Trade Agreements apply if > $25,000.00.

CLAUSES AND PROVISIONS:

Note ***** Provisions 52.204-26, and 252.204-7016 MUST be filled in, or the submission may not be considered for this award. Provision 52.204-24 may be required, depending on responses to 52.204-26.

ALL of these fill-ins are highlighted in Yellow.

Definitions provided in 52.204-25 and 252.204-7018, see below.

☐ Indicate if this has been updated in your SAM Reps & Certs.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020) {MUST BE FILLED IN}

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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".

(c) (1) Representation. The Offeror represents that it [__] does, [__] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021). {MUST BE FILLED IN, if “does” in 52.204-26}

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 and 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) Representations. 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.

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES --

REPRESENTATION (DEC 2019) {MUST BE FILLED IN}

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) 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 defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [__] does, [__] does not provide covered defense 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.

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 actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021) {Excerpted}

Definitions. As used in this clause— “Covered defense 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) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(End of clause excerpt)

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