ATTACHMENT 3 - SECTION 899 REQUIREMENTS.pdf

DEFENSE LOGISTICS AGENCY

CONTRACTING SERVICES OFFICE - PHILADELPHIA

700 ROBBINS AVENUE

PHILADELPHIA, PENNSYLVANIA 19111-5092

Source Selection Sensitive Information - See FAR 2.101 & 3.104 For Official Use Only (FOUO)

September 8, 2020

MEMORANDUM FOR THE RECORD

REQUIREMENT: webMethods Software Licenses and Maintenance Renewal

REQUEST FOR PROPOSAL (RFP): SP4701-20-R-0024

CONTRACT NUMBER: SP4701-20-C-0066

The purpose of this memo for record is document FAR 52.204-24 checked boxes and vendor agree to the incorporation of recently updated FAR/DFARS clauses into subject award per Section 899 implementation:

Required Provisions / Clauses are hereby incorporated into this order as a result of Section 889 Implementation:

FAR 52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

SUPPLEMENT FAR PROVISION 52.204-24, REPRESENTATION REGARDING

CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

DFARS PROVISION 252.204-7016, COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019)

As follows:

THE CONTRACTOR REPRESENTS AND AGREES TO THE FOLLOWING CONDITIONS

BY PERFORMANCE AGAINST THIS CONTRACT, INCLUDING PERFORMANCE OF A

TASK OR DELIVERY ORDER THAT IT:

(1) WILL NOT PROVIDE COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES TO THE GOVERNMENT IN THE PERFORMANCE OF ANY

CONTRACT, SUBCONTRACT OR OTHER CONTRACTUAL INSTRUMENT IN

ACCORDANCE WITH FAR 52.204-24(d)(1));

(2) DOES NOT USE COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES, OR USE ANY EQUIPMENT, SYSTEM, OR SERVICE THAT USES

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES IN

ACCORDANCE WITH FAR 52.204-24(d)(2);

(3) DOES NOT PROVIDE COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES AS A PART OF ITS OFFERED PRODUCTS OR

Source Selection Sensitive Information - See FAR 2.101 & 3.104 For Official Use Only (FOUO)

SERVICES TO THE GOVERNMENT IN THE PERFORMANCE OF ANY

CONTRACT, SUBCONTRACT, OR OTHER CONTRACTUAL INSTRUMENT IN

ACCORDANCE WITH DFARS 252.204-7016(C).

[THESE REPRESENTATIONS REPLACE THE MANUAL BLOCK CHECKS IN FAR

52.204-24(D)(1)

( [ ] WILL NOT); AND (D)(2) ( [ ] DOES NOT); AND

DFARS 252.204-7016(C)

( [ ] DOES NOT).]

IF THE CONTRACTOR DETERMINES THAT ANY OF THESE REPRESENTATIONS ARE

NO LONGER ACCURATE OR IS NOT ACCURATE WITH RESPECT TO A PARTICULAR

TASK/DELIVERY ORDER/PURCHAE ORDER/CONTRACT, IT SHALL IMMEDIATELY

NOTIFY BOTH THE CONTRACT SPECIALIST AND CONTRACTING OFFICER IN

WRITING.

CLAUSES IN FULL TEXT:

FAR 52.204-25, PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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—

X X

X

(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, [X] 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, [X] 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.

(End of provision)

DFARS 252.204-7016 - COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT

OR SERVICES—REPRESENTATION (DEC 2019)

(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, [X] 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.

(End of provision)

Vendor Signature:

Company Representative Signature

Name, Title, Date https://www.acquisition.gov/dfars/part-252-clauses#DFARS-252.204-7018 https://www.sam.gov/ dcf0008 Stamp dcf0008 Stamp

Contracting Signature:

ANTHONY V. SABATINA DATE

Contracting Officer DLA Contracting Services Office – Philadelphia