D. Attachment 4 - 52.204-24 & 52.204-26.pdf

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Preventative Service and Maintenance contract for Chameleon Ultra II and Chameleon XR Laser Systems
Solicitation number
75N95025Q00089
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This document contains two FAR provisions (52.204-24 and 52.204-26) that require offerors to make representations regarding covered telecommunications equipment and services. The provisions require companies to certify whether they provide or use covered telecommunications equipment or services as defined in FAR 52.204-25, which generally refers to certain Chinese telecommunications companies like Huawei and ZTE.

The provisions outline specific disclosure requirements if an offeror indicates they will provide or use covered telecommunications equipment/services, including details about the entity that produced the equipment (name, unique identifier, CAGE code), descriptions of the equipment (brand, model numbers, etc.), and explanations of the proposed use. Offerors must review the System for Award Management (SAM) for excluded parties and certify their representations through signed certifications. These provisions implement Section 889 of the John S. McCain National Defense Authorization Act for FY2019, which prohibits federal agencies from procuring or using certain Chinese telecommunications equipment and services.

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(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)

Parent topic: 52.204 [Reserved]

CERTIFICATION:

Signature of Authorized Individual Date

Title:

Organization:

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(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 telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it does, 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

CERTIFICATION:

Name of Authorized Individual Signature of Authorized Individual Date

Title Name of Organization https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

D. Attachment 4 - 52.204-24
D. Attachment 4 - FAR_52.204-26_Oct_2020
52.204-26 Covered Telecommunications Equipment or Services-Representation.
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