EXPRESS-NDAA-CERTIFICATION-4.2026.pdf
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- Electronic Key Management System Supply
- Solicitation number
- PR16156210
- Issued by
-
Department of State US Embassy Bogota
About this file
This is an EXPRESS NDAA CERTIFICATION form issued by the United States Department of State to establish vendor compliance with Section 889 of Public Law 115-232, the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019.
The form requires vendors to provide representations regarding covered telecommunications equipment and services in all federal procurement actions. Vendors must certify four specific compliance statements: (1) that they do not provide covered telecommunications equipment or services as a substantial or essential component or critical technology in any system in violation of Section 889(a)(1)(A); (2) that they do not use covered telecommunications equipment or services within their enterprise as defined in Section 889(a)(1)(B); (3) that they have conducted a reasonable inquiry to uncover information regarding the identity of producers or providers of covered telecommunications equipment or services used by the entity; and (4) that they will report to the Government in accordance with applicable contract requirements if they identify covered telecommunications equipment or services during contract performance. The form requires completion and signature by a merchant representative with authority to bind the company, and must be returned to the contracting officer's Contract Specialist. FAR provisions 52.240-90 and 52.240-91 establish the legal requirements underlying this certification.
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United States Department of State
Washington, D.C. 20520 www.state.gov
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) requires one provision listed within 52.240-90 and a contract clause listed within 52.240-91 in all procurement actions.
DIRECTIONS FOR THE MERCHANT
1. Read the entire Section 889 portion in the provision and clause in the FAR at Acquistion.gov.
2. After you have read the provision and clause, 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.
DEPARTMENT OF STATE SECTION 889 CERTIFICATION_REPRESENTATION
REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT
Yes/No The Offeror does not provide covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, in violation of Section 889(a)(1)(A).
The Offeror does not use covered telecommunications equipment or services, as defined in Section 889(a)(1)(B), within its enterprise.
The Offeror has conducted a reasonable inquiry, defined as an inquiry designed to uncover any information in the entity’s possession regarding the identity of the producer or provider of covered telecommunications equipment or services used by the entity.
The Offeror will report to the Government, in accordance with applicable contract requirements, if it identifies covered telecommunications equipment or services during contract performance.
Merchant Name_____________________________________________________________________
Merchant’s Authorized Representative Signature___________________________________________ (Typed Name)
Authorized Representative Signature_____________________________________________________ http://www.state.gov/
| EXPRESS NDAA CERTIFICATION |
| DIRECTIONS FOR THE MERCHANT |
| DEPARTMENT OF STATE SECTION 889 CERTIFICATION_REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT |
| Yes/No |
| The Offeror does not provide covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any |
| system, in violation of Section 889(a)(1)(A). |
| The Offeror does not use covered telecommunications equipment or services, as defined in |
| Section 889(a)(1)(B), within its enterprise. |
| The Offeror has conducted a reasonable inquiry, defined as an inquiry designed to uncover |
| any information in the entity’s possession regarding the identity of the producer or |
| provider of covered telecommunications equipment or services used by the entity. |
| The Offeror will report to the Government, in accordance with applicable contract |
| requirements, if it identifies covered telecommunications equipment or services during |
| contract performance. |
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