EXPRESS-NDAA-CERTIFICATION.pdf

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PR16085054
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This is an Express NDAA Certification form required by the United States Department of State for federal procurement compliance under Public Law 115-232 (John S. McCain National Defense Authorization Act for Fiscal Year 2019).

The form is a template designed for vendors to certify their compliance with Section 889 requirements regarding covered telecommunications equipment and services. Vendors must complete a four-part representation by answering yes or no to each statement: (1) confirming they do not provide covered telecommunications equipment or services as a substantial, essential, or critical technology component of any system in violation of Section 889(a)(1)(A); (2) stating they do not use covered telecommunications equipment or services within their enterprise as defined in Section 889(a)(1)(B); (3) attesting they have conducted a reasonable inquiry to identify any covered telecommunications equipment or services used by their organization; and (4) committing to report any identified covered telecommunications equipment or services to the Government during contract performance in accordance with applicable contract requirements. The form requires completion and signature by a merchant's authorized representative with binding authority before submission to the Contract Specialist. Vendors are directed to review FAR provisions 52.240-90 and clause 52.240-91 prior to completing the 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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