MFR - FAR 52.212-25 Contractor Representation - 20Q0059.pdf

DEPARTMENT OF THE AIR FORCE

1ST SPECIAL OPERATIONS WING (AFSOC)

HURLBURT FIELD FLORIDA

Any Time…Any Place

30 Jul 2020

MEMORANDUM FOR ALL PERSPECTIVE CONTRACTORS

FROM: 1 SOCONS/PKA

SUBJECT: Contractor Representation, Implementation of Prohibition on Contracting With Entities Using Certain Telecom and Video Surveillance Services or Equipment, Solicitation FA441720Q0059.

1. On Friday 10 Jul 20, responding to White House direction, OMB/OIRA announced that it was clearing publication of interim FAR rule 2019-009, Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment, to implement 889(a)(1)(B) of Title VII of the National Defense Authorization Act for FY2019 (Pub. L. 115–232).

2. An interim Federal Acquisition rule was published on 14 July 20, and becomes effective 13 Aug 20.

Pursuant to the rule and paragraph (a)(1)(B) of Section 889 of the National Defense Authorization Act, executive agencies are prohibited from entering into, or extending or renewing, a contract with any 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, on or after August 13, 2020 unless an exception applies or a waiver is granted.

3. The attached background summary at Tab 1 contains definitions of “covered telecommunications equipment or services” and “covered foreign country.”

4. To conduct business with the federal government, all contractors must make a representation of compliance with the Prohibition on Contracting With Entities Using Certain Telecom and Video Surveillance Services or Equipment. This requirement is being implemented for existing contracts with performance on or after 13 Aug 20 via bilateral modification to include the clause at FAR 52.204-25 By Mutual Agreement of the Parties.

5. The rule also requires submission of a representation with each new offer for performance on or after 13 Aug 20 that will require offerors to identify as part of their offer any covered telecommunications equipment or services that will be provided to the Government. This requirement is being implemented for any pending contracts via amendments to the solicitation to include both FAR clause FAR 52.204-25 and the provision at FAR 52.204-24.

6. Please see attached Solicitation FA441720Q0059-00002, which incorporates the applicable FAR prescription and return by 7 Aug 20 to Diana Macie diana.macie@us.af.mil. If you have further questions, please contact Diana Macie diana.macie@us.af.mil or 850-884-3265.

CHELSEA B. TAYLOR, TSgt, USAF Contracting Officer

Attachment Tab 1 – Relative FAR Clause and Provision Tab 2 –Solicitation Amendment FA441720Q0059-00002 mailto:diana.macie@us.af.mil mailto:diana.macie@us.af.mil