Attachment 1 - Section 889 Rep_REV_10_11_19.pdf
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- Solicitation number
- DACA09-5-26-0102
About this file
This is a federal contracting form titled "Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Acquisitions of Leasehold Interests in Real Property)," revision dated October 2019. The form implements FAR clause 52.204-24 and requires offerors to make representations regarding covered telecommunications equipment or services in accordance with Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. The provision prohibits executive agencies from procuring, obtaining, or renewing contracts for any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component or as critical technology, effective August 13, 2019. Contractors are excepted from this prohibition when providing third-party connection services such as backhaul, roaming, or interconnection arrangements, or telecommunications equipment that cannot route, redirect, or provide visibility into user data traffic.
Offerors must complete the form by indicating whether they will or will not provide covered telecommunications equipment or services to the Government. If responding affirmatively, offerors must provide detailed disclosures including: all covered telecommunications equipment and services offered with brand, model number, and item description; explanation of the proposed use and permissibility under the prohibition; for services, the entity name, unique entity identifier, and CAGE code of the service provider; and for equipment, the entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer or distributor. The completed form must be signed by the offeror or legally authorized representative and returned to the Lease Contracting Officer or designee along with any other required disclosure information.
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Text version
LESSOR: ________ GOVERNMENT: ________ Representation Regarding Certain Telecommunications and Video
Surveillance Services or Equipment
REV (10/19)
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Acquisitions of Leasehold Interests in Real Property)
Complete appropriate boxes, sign the form, and return form, along with any other required disclosure information, to LCO or his/her designee. The Offeror makes the following additional Representations.
NOTE: The "Offeror," as used on this form, is the owner of the property offered, not an individual or agent representing the owner.
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)
(a) Definitions. As used in this provision─ “Covered telecommunications equipment or services”, “Critical technology”, and “Substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. 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. Contractors are not prohibited 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.
(c) Representation. The Offeror represents that─ 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.
(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer─
(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(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;
(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
LESSOR: ________ GOVERNMENT: ________ Representation Regarding Certain Telecommunications and Video
Surveillance Services or Equipment
REV (10/19)
(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).
OFFEROR OR
LEGALLY
AUTHORIZED
REPRESENTATIVE
NAME, ADDRESS (INCLUDING ZIP CODE)
Signature
TELEPHONE NUMBER
Date
File details come from the government source that posted it. Updated .