FBO 889clausesInstructions IN Indy fy20.pdf

Solicitation #47QMCA20R0022 Indianapolis, IN 899Clauses FY20 Page 1 of 2

Return entire document with required offer documents – Offeror, initial in box _____

Please read everything carefully. Your response should be whether or not your company will provide PROHIBITED equipment/services per the following three clauses.

OVERVIEW:

Federal Acquisition Regulation (FAR) Clause 52.204-25 and GSAR Clause 552.204-70 - these two Clauses are regarding the mandatory requirements of section 889 of the Fiscal Year 2019 John S. McCain National Defense Authorization Act. The John S. McCain National Defense Authorization Act provides for the combating of national security and intellectual property threats posed by certain covered telecommunication equipment and services.

FAR Clause 52.204-23 - this Clause is regarding certain contracting prohibitions (Kaspersky Lab and Other Covered Entities).

SUMMARY OF THE THREE (3) ACTIONS:

• Action #1: Vendor is required only to thoroughly read. Federal Acquisition Regulation (FAR) Clause 52.204- 25, “Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment (Aug 2019)”

• Action #2: Vendor is required to complete the certifications in paragraph (c) of the GSAR clause. Refer to “Additional Instructions” (below, page 2). GSAR Clause 552.204-70, “Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment (Aug 2019)”

• Action #3: Vendor is required only to thoroughly read. Update the clauses of the contract to include FAR Clause 52.204-23, “Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)”.

Return all pages of the 899clauses document - plus any required information if your response is "WILL" - with your complete offer package.

Continue to page 2 for Action #2 – Additional Instructions: GSAR clause 552.204-70

Solicitation #47QMCA20R0022 Indianapolis, IN 899Clauses FY20 Page 2 of 2

Return entire document with required offer documents – Offeror, initial in box _____

Action #2 – Additional Instructions: GSAR clause 552.204-70

Step #1. Read the FAR and GSAR clauses in their entirety.

Step #2. All Vendors are required to complete the certifications contained within GSAR Clause 552.204-70, paragraph (c), “Representation”.

You will mark the appropriate box under GSAR Clause 552.204-70, (c), “Representation”.

• If you answer “WILL NOT” to GSAR Clause 552.204-70, paragraph (c), “Representation”, you have completed the certification.

• If your answer to GSAR Clause 552.204-70, paragraph (c), “Representation” is “WILL”, then continue to follow the instructions below, beginning with Step #3.

Step #3. If you select that you will provide a covered (ie, prohibited) telecommunications equipment or services under your offer, you must continue your certification by answering or responding to GSAR Clause 552.204-70, section (d), “Disclosures”, numbers 1 through 4, as follows. Use additional pages as necessary to provide a full response to each number.

GSAR Clause 552.204-70, section (d), “Disclosures” (1) All covered telecommunications equipment and services offered or provided (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

To answer (1): If you were to receive an award from this solicitation - please provide the type of equipment that would be provided under contract from the equipment that is described in FAR 52.204-25, “Prohibition On Contracting For Certain Telecommunications And Video Surveillance Services Or Equipment (Aug 2019)”. Refer to the provided text of FAR clause 52.204-25.

GSAR Clause 552.204-70, section (d), “Disclosures” (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

To answer (2): Please provide the purpose for use.

GSAR Clause 552.204-70, section (d), “Disclosures” (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and To answer (3): Please describe your businesses services usage and reasons for supplying the covered telecommunications services.

GSAR Clause 552.204-70, section (d), “Disclosures” (4) For equipment, 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).

To answer (4): Please describe the manufacturer that provided the equipment or the manufacture of the equipment, along with all marking on the equipment, and from where purchased.

<< End of Action #2 – Additional Instructions: GSAR clause 552.204-70 >>

Please remember to complete the certification by marking the appropriate box under GSAR Clause 552.204-70, paragraph (c), “Representation”, before you return all of these pages with your complete offer package.