ATTACHMENT_1_EXPRESS_NDAA_CERTIFICATION (2).pdf

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This is an Express NDAA Certification form required by the United States Department of State for federal contract compliance. The form implements Public Law 115-232, the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019, which mandates representations regarding Covered Telecommunications Equipment and Services. The Department of State uses this certification to determine vendor compliance with NDAA requirements and Federal Acquisition Regulation (FAR) provisions 52.204-24 and 52.204-26, and clause 52.204-25.

The certification requires vendors to complete two representations: First, vendors must indicate whether they will or will not provide covered telecommunications equipment or services to the Government in performance of any resulting contract, subcontract, or other contractual instrument. Second, after conducting a reasonable inquiry, vendors must represent whether they do or do not use covered telecommunications equipment or services, or use any equipment, system, or service that uses such covered items. If vendors respond affirmatively to either question, they must provide additional disclosure information as specified in the FAR. The representation must be completed and signed by a person with authority to bind the merchant and returned to the Contract Specialist. This is a compliance template requiring vendor certification rather than a solicitation for specific products or services.

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United States Department of State

Washington, D.C. 20520 www.state.gov

SENSITIVE BUT UNCLASSIFIED

ATTACHMENT 1 – EXPRESS NDAA CERTIFICATION

Public Law 115-232, also known as the John S. McCain National Defense Authorization Act

(NDAA) for Fiscal Year 2019, requires representations regarding Covered Telecommunications

Equipment and Services. Contracting staff shall use this representation with vendors to determine compliance with NDAA requirements. To comply with this Public Law the Federal Acquisition

Regulation (FAR) in FAR 4.2105 requires two provisions 52.204-24 & 52.204-26 and contract clause 52.204-25 in all procurement actions.

DIRECTIONS FOR THE MERCHANT

1. Read the entire provisions and clause in the FAR at Acquistion.gov.

2. After you have read the provisions, please answer the questions below.

3. Upon completion of Step 2, fill out the representation below. NOTE: This representation is made by a person with the authority to bind the merchant.

4. Return completed form to your Contract Specialist.

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(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.

Merchant Name____________________________________________________________________

Merchant’s Authorized Representative__________________________________________________

(Typed Name)

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