SOL 72011423R00006 Amendment 002 Attachment 1.pdf

Solicitation 72011423R00006 Amendment 002

ATTACHMENT 1

H.19 Waivers under FAR Part 4.2101 Prohibition On Covered Telecommunications And Video Surveillance Services and Equipment (JUNE 2023)

(a) This solicitation and any resultant award(s) is subject to the requirements of section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115–232) as implemented through FAR 52.204-24 and FAR 52.204-25 of this solicitation.

(b) Waivers.

An Offeror that represents at paragraph (d)(2) of the provision at FAR 52.204–24 that it “does” use covered telecommunications equipment or services must, as part of the disclosure requirements under FAR 52.204–24 submitted in the offer, describe the circumstances (including in-country circumstances) where the Offeror/Contractor uses covered technology.

This must include an identification of whether the covered technology is provided by communications service-providers, such as internet, cell phone, landline or others; the specific country where it is used; whether a Section 889-compliant alternative is or is not available in the specific country where the covered technology is being used based on the Offeror’s/Contractor’s reasonable inquiry; and a description of the presence of any other covered technology, whether it be in any internal systems or elsewhere in the supply chain.

Based on the information provided and other factors, USAID will make a determination whether an existing waiver will be used. In accordance with FAR 4.21, if a waiver is not used, USAID may make an award to another offeror.

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