FA8250-20-Q-0835_01.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

J

2. AMENDMENT/MODIFICATION NO.

FA8250-20-Q-0835-0001

3. EFFECTIVE DATE

5 AUG 2020

4. REQUISITION/PURCHASE REQ. NO.

FD20202000835 01

5. PROJECT NO (If applicable)

FA8250-20-Q-0835

6. ISSUED BY CODE

DEPARTMENT OF THE AIR FORCE, DIRECTORATE OF CONTRACTING

AFSC PZAAA1

6050 GUM LANE BLDG 1215

HILL AIR FORCE BASE UT 84056-5825

BUYER: Veronica Doumit/AFSC veronica.doumit@us.af.mil Phone: (801) 777- 8182

7. ADMINISTERED BY (If other than item 6) CODEFA8250

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE

X

9A. AMENDMENT OF SOLICITATION NO.

FA825020Q0835 01

9B. DATED (SEE ITEM 11)

5-AUG-2020

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods. ( a ) By completing Items 8 and 15, and returning copies of the amendment; ( b ) By acknowledging receipt of this amendment on each copy of the offer submitted; or ( c ) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 10-AUG-2020 12:00 PM

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

ROUTINE

The requirement is not an inherently government function. Repair effort is deemed performance based.Critical Safety Item (CSI) does not apply to this

PI.

15A. NAME AND TITLE OF SIGNER (Type or print)

15B. CONTRACTOR/OFFEROR

BY ________________________________________________________

(Signature of person authorized to sign)

15C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16B. UNITED STATES OF AMERICA

BY ____________________________________________________

(Signature of Contracting Officer)

16C. DATE SIGNED

FACILITY CODE

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (REV. 10-83)

PRESCRIBED BY GSA

FAR (48 CFR) 53.243

X

X X

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

FA8250-20-Q-0835-0001

Continuation of block 14. DESCRIPTION OF AMENDMENT/MODIFICATION

The purpose of this amendment is to decrease quantity and extend the solicitation. Change verbiage of provision and clause 52.204‐24 and 52.204‐25:

3EA

2EA

3EA

2EA

22 JULY 2020

10 AUGUST 2020

FA8250‐20‐Q‐0835‐0001

TT&E Note:

Upon completion of CLINs 0001AA and 0002AA a detailed repair quote shall be forwarded to the DCMA ACO. The ACO is authorized to negotiate and definitize CLINs 0001AB and 0002AB via modification.

Work shall not begin under CLIN 0001AB and/or 0002AB until notice to proceed is provided from DCMA in the form of a definitization modification.

ACO AUTHORITY AND RESPONSIBLITIES:

1) All applicable contract admin functions as outlined in FAR 42.302(a) and DFARS 242.302(a)

2) Definitize order if it does not require supplemental funding.

3) Extend the delivery schedule as required and take consideration if deemed necessary.

4) Upon completion of review of cost information and negotiations, if required, the ACO shall issue definitization modification and approve all invoices for payment.

5) Deobligate excess funds after confirming all required assets have generated and contractor's final invoices are approved.

6) Initiate order close out when actions required in paragraph 4) are completed.

7) ACO is to verify Commercial Asset Visibility Air Force (CAVAF) inputs have been made before authorizing payment on the contract. Inputs can be verified by emailing 415SCMS.PMS.Contract@us.af.mil

8) ACO is authorized to take consideration from the contractor for failure to comply with CAVAF inputs.

NOTE: In the event funds on the order are insufficient based on the contractor's proposal and the judgment of the ACO, the ACO will document what is a fair and reasonable price, and provide the pricing documentation to the PCO for action. The PCO will then address funding and supplemental agreement when approved, and will direct the contractor for commencement of work.

In the case of a Beyond Economical Repair (BER) determination, DCMA QAR shall request disposition instructions and/or condemnation approvals from the cognizant USAF Program Manager or customer, and supply disposition/condemnation instructions to the contractor.

J061

Depot Contractor Logistic Support B THIS IS AN EXTREMELY URGENT REQUIREMENT CONCERNING GROUNDED OR NOT MISSION CAPABLE

AIRCRAFT, MISSILES OR MAJOR SYSTEMS.

None ;

0001AA

Firm Fixed Price

2 EA

0001AA AB

6130‐01‐504‐0744 ZA

POWER SUPPLY ASSEMB

Supplies Power Various metals, circuit boards, capacitors, hardware

0DKS7 216714

1D8S5 216714

1PAV4 216714

52GG4 216714

FD20202000835 01 0001

R

Origin Origin

Contractor Responsibility for Inspection None ;

Yes

$9,282.00

TYPE / SHIP TO CODE F.O.B.

+ TBD ORIGIN

+ TBD PAF

+ TBD 2 EA *90 Days

+ TBD 2 EA

AT PLANT

0001AB

Firm Fixed Price

2 EA

0001AB AB

6130‐01‐504‐0744 ZA

POWER SUPPLY ASSEMB

0DKS7 216714

FD20202000835 01 0002

R

Other Than High Value Item

Origin Origin

Receiving Report Required Standard Inspection

None ;

$9,282.00

TYPE / SHIP TO CODE F.O.B.

A SW3215 ORIGIN

A SW3215 PAF Account A

A SW3215 2 EA *120 Days

A SW3215 2 EA

J061 Depot Contractor Logistic Support

None ;

0002AA

Firm Fixed Price

2 EA

0002AA AA

6130‐01‐504‐0745 ZA

POWER SUPPLY ASSEMB

Supplies Power Various metals, cicuit boards, capacitors, hardware

216713 216714

R

Origin Origin

Contractor Responsibility for Inspection None ;

Yes

TYPE / SHIP TO CODE F.O.B.

+ TBD ORIGIN

+ TBD PAA

+ TBD 2 EA *30 Days

+ TBD 2 EA

AT PLANT

The NTE price on CLIN 0002AB is used for purposes of funding the purchase order. The NTE price does not obligate the contractor to make repairs at the NTE price, if the contractors quoted repair price to the ACO is higher. The NTE price is established so that any repair price submitted to the ACO, that is over the NTE, will require action by the PCO prior to commencement of repair effort under CLIN

0002AB.

0002AB

Firm Fixed Price

2 EA

0002AB AA

6130‐01‐504‐0745 ZA

POWER SUPPLY ASSEMB

216713 R

Other Than High Value Item

Origin Origin

Receiving Report Required Standard Inspection

None ;

Yes

TYPE / SHIP TO CODE F.O.B.

A SW3215 ORIGIN

A SW3215 PAB Account A

A SW3215 2 EA *120 Days

A SW3215 2 EA

DCMA shall coordinate with CAVAF monitor to ensure requirements are met prior to Repair Invoice

Acceptance. If CAVAF requirements are not met in accordance with the CDRL then payment may be withheld until CAVAF requirements are met. DCMA shall not provide acceptance until receipt of concurrence from CAVAF monitor.

"DATA which is ‘Not Separately Priced’ (NSP). The price of NSP DATA are included in the price of the individual Repair CLINs 0001AB and 0002AB. Failure to comply with contract data requirements may result in the withholding of payment on the aforementioned CLINs.” This allows the government to withhold payment on the repairs if the contractor does not deliver the required data. The data is also important, and it is a material requirement of the contract. The contract is not finished until the data is delivered.

Not Separately Priced

1 EA NSP

Data IAW DD Form 1423‐1 Data Item No. Exhibit A001, AOO2, AOO3.

R

Other Than High Value Item

Destination Destination

LETTER OF TRANSMITTAL

Standard Inspection

TYPE / SHIP TO CODE F.O.B.

A FB2029 DESTINATION

A FB2029 1 EA *1 Calendar Days

A FB2029 1 EA

IAW DD Form 1423‐1.

"DATA which is ‘Not Separately Priced’ (NSP). The price of NSP DATA are included in the price of the individual Repair CLINs 0001AB and 0002AB. Failure to comply with contract data requirements may result in the withholding of payment on the aforementioned CLINs.” This allows the government to withhold payment on the repairs if the contractor does not deliver the required data. The data is also important, and it is a material requirement of the contract. The contract is not finished until the data is delivered.

Not Separately Priced

2 EA NSP

Data IAW DD Form 1423 Data Item No. Exhibit B001 RIIR

R

Other Than High Value Item

Destination Destination

Receiving Report Required Standard Inspection

TYPE / SHIP TO CODE F.O.B.

A FY2073 DESTINATION

A FY2073 2 EA *7 Calendar Days

A FY2073 2 EA

"DATA which is ‘Not Separately Priced’ (NSP). The price of NSP DATA are included in the price of the individual Repair CLINs 0001AB and 0002AB. Failure to comply with contract data requirements may result in the withholding of payment on the aforementioned CLINs.” This allows the government to withhold payment on the repairs if the contractor does not deliver the required data. The data is also important, and it is a material requirement of the contract. The contract is not finished until the data is delivered.

Not Separately Priced

2 EA NSP

Data IAW DD Form 1423 Data Item No. Exhibit C001 Contractor's Counterfeit Prevention Plan

R

Other Than High Value Item

Destination Destination

Receiving Report Required Standard Inspection

TYPE / SHIP TO CODE F.O.B.

A FY2073 DESTINATION

A FY2073 2 EA *30 Calendar Days

A FY2073 2 EA

"DATA which is ‘Not Separately Priced’ (NSP). The price of NSP DATA are included in the price of the individual Repair CLINs 0001AB and 0002AB. Failure to comply with contract data requirements may result in the withholding of payment on the aforementioned CLINs.” This allows the government to withhold payment on the repairs if the contractor does not deliver the required data. The data is also important, and it is a material requirement of the contract. The contract is not finished until the data is delivered.

Not Separately Priced

2 EA NSP

Data IAW DD Form 1423 Data Item No. Exhibit D001 TEST REPORT

R

Other Than High Value Item

Destination Destination

Receiving Report Required Standard Inspection

TYPE / SHIP TO CODE F.O.B.

A FY2073 DESTINATION

A FY2073 2 EA *45 Calendar Days

A FY2073 2 EA

IAW DD FORM 1423 Exhibit D

"DATA which is ‘Not Separately Priced’ (NSP). The price of NSP DATA are included in the price of the individual Repair CLINs 0001AB and 0002AB. Failure to comply with contract data requirements may result in the withholding of payment on the aforementioned CLINs.” This allows the government to withhold payment on the repairs if the contractor does not deliver the required data. The data is also important, and it is a material requirement of the contract. The contract is not finished until the data is delivered.

Not Separately Priced

2 EA NSP

Data IAW DD Form 1423 Data Item No. Exhibit E001 TEST PLAN

R

Other Than High Value Item

Destination Destination

Receiving Report Required Standard Inspection

TYPE / SHIP TO CODE F.O.B.

A FY2073 DESTINATION

A FY2073 2 EA *15 Calendar Days

A FY2073 2 EA

IAW DD FORM 1423 Exhibit E

"DATA which is ‘Not Separately Priced’ (NSP). The price of NSP DATA are included in the price of the individual Repair CLINs 0001AB and 0002AB. Failure to comply with contract data requirements may result in the withholding of payment on the aforementioned CLINs.” This allows the government to withhold payment on the repairs if the contractor does not deliver the required data. The data is also important, and it is a material requirement of the contract. The contract is not finished until the data is delivered.

Not Separately Priced

2 EA NSP

Data IAW DD Form 1423 Data Item No. Exhibit F001 ENGINEERING CHANGE PROPOSAL (ECP)

R

Other Than High Value Item

Destination Destination

Receiving Report Required Standard Inspection

TYPE / SHIP TO CODE F.O.B.

A FY2073 DESTINATION

A FY2073 2 EA *14 Calendar Days

A FY2073 2 EA

IAW DD FORM 1423 EXHIBIT F

+ TBD

A FB2029

OO ALC DDHU CNTRL RCV

CENTRAL RECEIVING BLDG 849W

CP 385 519 8898

5851 F AVE BLDG 849W

HILL AFB UT 84056 UT 84056‐4056

USA

A FY2073

FY2073 OO ALC 502 CBSS GBMAA

CP 801 586 1368

6012 FIR AVE BLDG 1239 RM 2

Hill AFB 84056‐4056

USA

A SW3215

DLA DISTRIBUTION BARSTOW

CENTRAL RECEIVING WHSE 7

REC OFFICER 760 577 6442

BARSTOW CA 92311‐5014 06 92311‐5014

USA

(AUG 1998)

Accounting and Appropriation Chargeable

ACRN Funds Citation Amount Chargeable

97 X4930 .FC04 64 0 47 GH 8M496L 01K010 00000 UJEPAW 503000 F03000 $0.00

PSR: K22026 FSR: 001884 DSR: 143226 CIN: F2DCCW0133B102

97 X4930 FC04 64 0 47 GH 8M826L 01K010 00000 UJEZDV 503000 F03000 $0.00

PSR: K21939 FSR: 001884 DSR: 300035 CIN: F2DCCW0133B102

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG

2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “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” in the provision at 52.204‐26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212‐3, Offeror Representations and Certifications‐Commercial Items.

(a) Definitions. As used in this provision‐ Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, 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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115‐232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third‐party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) 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.”

(d) Representations. The Offeror represents that—

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(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 use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) 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 original equipment manufacturer (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)(1) 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 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.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES -

REPRESENTATION (DEC 2019)

(IAW FAR 4.2105(c))

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has 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) 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.

(End of provision)

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, 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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including “this paragraph (e) and excluding paragraph (b)(2)”, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)