EXPRESS NDAA CERTIFICATION.pdf

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US Embassy Pretoria RFQ - monitors and scanner (PR16337588)
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This is a Department of State Express NDAA Certification form required under Public Law 115-232, the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

The form is a mandatory representation that contracting staff must use to determine vendor compliance with NDAA Section 889 requirements regarding Covered Telecommunications Equipment and Services. Vendors must complete four certification statements: (1) confirming they do not provide covered telecommunications equipment or services as a substantial, essential, or critical component of any system in violation of Section 889(a)(1)(A); (2) attesting they do not use covered telecommunications equipment or services within their enterprise as defined in Section 889(a)(1)(B); (3) confirming they have conducted a reasonable inquiry to uncover information regarding producers or providers of covered telecommunications equipment or services used by the entity; and (4) committing to report to the Government in accordance with contract requirements if covered telecommunications equipment or services are identified during contract performance. Vendors must respond "Yes" or "No" to each statement, provide their merchant name, and have an authorized representative sign and type their name on the certification. The form must be completed and returned to the Contract Specialist. FAR provisions 52.240-90 and 52.240-91 apply to all procurement actions and require this representation.

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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_____________________________________________________

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