Final_SOL 72066822Q00096 RC ISP_8.31.2022.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

REQ-668-22-000181 16

72066822Q00096

See RFQ 720668

Kololo Street, 2nd Block next to European Union U.S Embassy, Juba South Sudan

USAID/South Sudan OAA

USAID/South Sudan c/o US Embassy Juba, South Sudan

1 Provision of services per statement of work at 300Mbps 1 1 2 Option 1- Provision of services at 300 Mbps 1 1 3 Option 2 - Provision of services at 300 Mbps 1 1 4 Option 3 - Provision of services at 300 Mbps 1 1 5 Option 4 - Provision of services at 300 Mbps 1 1

Anthony R. Raneses

517311

08/31/2022

Sept 14, 2022 1700 Hours

USAID/South Sudan 4420 Juba Place Washington DC 20521-4420 00000

ATTACHMENT 1

USAID South Sudan

Wireless Internet Services Provider (ISP) for US Embassy Residential Compound (RC)

Statement of Work

1) Overview

The United States Agency for International Development (USAID) Mission in Juba, South Sudan, is a U.S. Government agency that provides technical assistance in social, economic, and humanitarian activities in South Sudan.

2) Purpose

The USAID Mission in Juba, South Sudan, requires the services of a qualified Internet Service

Provider (ISP) to provide robust and dedicated fiber-based high quality Internet service to the USG

Residential Compound.

3) Statement of work

Under the direction of the designated Contracting Officer’s Representative (COR) for this activity, the Contractor shall undertake all tasks in this Statement of Work (SOW).

a. The Contractor must conduct a physical and telecommunications survey within 10 business days of receiving the Notice to Proceed (NTP), consisting of:

1. An assessment of the telecommunications infrastructure

2. An assessment of the power connections and ratings

3. An assessment of the entry and connection to the Customer Premise(s) Equipment (CPE)

b. Required Bandwidth: The Contractor shall provide a leased/dedicated link to the USG

Residential Compound with a bandwidth of 200 Mbps downlink and 200 Mbps Minimum uplink speed to North American Internet sites. The service must be offered through Fiber technologies that will meet these requirements.

c. Option Line Item: USAID may order an increased quantity of bandwidth to a minimum of

300 Mbps downstream and 300 Mbps upstream.

d. USAID requires an internet availability of 99.97% to meet the Mission business requirements.

e. The Contractor must provide proven Networking Redundant paths and established resiliency to maintain the 99.97% availability. The Networks must be configured to automatically failover between terrestrial links in times of outages. There must be multiple alternate paths in addition to the

Primary link to meet the availability requirement of 99.97%.

f. The Contractor must provide 24/7 X 365 technical coverage of service support and advise the

Mission on the customization of the services used. Frequent monitoring of the protocols that are intensely used must be made available to USAID IT Managers. As part of this requirement the

Contractor must monitor the protocols frequently used and how it affects the performance of the internet. The Contractor must also monitor how much bandwidth is consumed and provide that information to the IT Office for a decision of whether to cap bandwidth. The Contractor’s monitoring must also check the link to determine if it is performing properly. If the performance is degrading, the Contractor must alert the Mission IT Office.

g. The contractor must identify link performance impairment, alert the USAID IT Office, and take corrective measures to correct the impairment.

h. The Contractor must ensure timely response to calls for services in the event of service breakdown within 30 minutes and must communicate any planned maintenance that may cause internet disruptions two weeks in advance to the USAID Point of Contact (POC).

i. When necessary, the contractor must provide content and URL filtering, protocols prioritization, configurations and optimize the use of applications and service, in cooperation with the USAID IT Office.

j. The Contractor must have a U.S. point of presence (IP Breakout) so that traffic can break out in the U.S. and is encrypted all along. All necessary equipment and tools must be included in the quotation.

k. After the service has been commissioned, the Contractor is responsible for any maintenance and/or upgrade costs necessary to keep the quality of the service compliant with the requirements of this contract. Furthermore, the Contractor will be responsible for additional costs arising from technical modifications to its own equipment, change of Internet provisioning technologies not resulting from changes to this SOW, and/or changes in agreements between the Contractor and its partners and/or subcontractors.

l. Network Identification: The following subnets must be provided by the Contractor to

USAID:

● The Contractor must provide two blocks of public internet IP addresses for Internet services at the primary and secondary links of: xxx.xxx.xxx.xxx/29

● The Contractor must allow all USAID traffic such as SSH, CRYPTO, etc. to pass through

● The Contractor must ensure all the CPE devices provided are IPv6 ready

m. Network Devices: The Contractor must provide the customer premises equipment and any required Hardware, software, including Cisco routers that will provide Ethernet network service to the USG Residential Compound. The network devices must comply with the following characteristics:

● Services provided by the Internet Service Provider (ISP)/Contractor must be delivered with

RJ-45 interface connectors with a 100/1000 BaseT interface or SFP MM Internet Service

● The Contractor must provide routers and data media converters and all transmission devices

● Power standard sources must be dual voltage (110v/60hz and 220v/50hz). Devices must be rack mountable in a standard Commercial off-the-shelf (COTS) rack

● One separate or individual physical interface connector is required per service

n. Service Monitoring: USAID will use various telecommunications tools including commercial web-based speed measurement tools to do on-the-spot Internet speed measurements. The

Contractor must guarantee full contracted bandwidth availability from the originator side to the

Contractor’s internet gateway. The contractor must provide full time access to the online monitoring tool(s) to the USAID IT Office that will allow viewing/monitoring of the connectivity status and performance.

The ISP will monitor the protocols frequently used and how it affects the performance of the internet and how much BW is consumed and provide that information to the IT office for a decision of whether to cap them or not. The monitoring will also frequently check the link to determine if it is performing properly or not. If the ISPsenses that the performance is degrading, then the ISP shall alert the Mission

IT office.

o. Information Security: The Contractor must provide and ensure information protection all the way to the U.S. IP breakout that provides availability, confidentiality, and integrity.

p. Internet Service Quality (QoS): The contractor must provide the necessary Quality of

Service (QoS) for the connection that represents the level of consistent download/upload capacity required under this contract. The contractor must deploy tools or services to provide content filtering, HTTP and object caching, and acceleration/compression capabilities to provide very good QoS and enhance user experience.

4) Deliverables

The contractor must provide the required bulk Internet service through industry standard telecommunications protocols provisioned by infrastructure that guarantees bandwidth delivery. Any channel equipment and software used must meet approved local telecommunication regulatory requirements.

The contractor must provide customer premises equipment for both the primary and secondary connections. The contractor must also provide documentation for the installed infrastructure including but not limited to network numbers, passwords, and configurations.

The contractor must provide any test tools that may include hardware or software components and logon account details for monitoring of critical devices, services, traffic flow, latency, and speeds.

The contractor must provide contact details and professional qualifications of all personnel who will carry out the installation, commission, and operation of the service. The contractor must also articulate the operations of their help desk ensuring that escalation procedures are well defined. The contractor must clearly articulate how their 24/7 x 365 Network Operations Center would work in meeting USAID’s high availability network requirements.

The contractor must service and test any backup communications link at the contractor’s costs including any access circuit charges that may be necessary for the provision of this service. The contractor must demonstrate that the secondary/Backup link is operational, and the report must be made available to the Contracting Officer’s Representative (COR).

5) Warranty

The contractor must provide a twelve-month warranty for any new equipment supplied under this contract. The warranty must cover maintenance, repair, and/or replacement of any failing aspects of the new components of this installation.

6) Delivery, Inspection and Acceptance

The USAID COR in charge of this activity will receive, inspect, and certify any equipment including documentation, configuration, and copies of all software.

7) Deployment / Installation

The contractor must install the Internet infrastructure necessary to operate this service and hand over all the necessary information to the USAID/South Sudan Systems Administrator. The contractor must also install and commission any other equipment and any other accessories including, but not limited to, items such as power supplies, network numbers, network cards, telecommunications applications, patch cables, electrical wiring and minimal cabling including all necessary accessories to make the required Internet service fully operational.

8) Performance and delivery Period

The contractor must commence work within 5 days of the Notice to Proceed (NTP).

9) Completion/Termination

One base year period and four one-year option periods, depending on the satisfactory delivery of services. USAID can terminate the contract at any time due to non-performance.

10) Payment

Payment shall be made upon receipt of a proper invoice. The payment shall be a proportional amount of the contract price for the provision of internet for the period invoiced.

CONTRACT CLAUSES

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

(Nov 2021)

552.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

(Nov 2021)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Products and Commercial Services (May 2022)

52.202-1 Definitions. (JUN 2020)

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020)

52.203-7 Anti- Kickback Procedures. (JUN 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights. (JUN 2020)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Jun 2020)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Nov 2021)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

52.217-7 Option for Increased Quantity – Separately Priced Line Item (MAR 1989)

52.222-3 Convict Labor (June 2003)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (Sept 2016)

52.222-35 Equal Opportunity for Veterans (Jun 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

52.222-50 Combating Trafficking in Persons. ((Nov 2021)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (JUN 2020)

52.225-13 Restrictions on Certain Foreign Purchases. (Feb 2021)

52.232-1 Payments. (APR 1984)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.244-6 Subcontracts for Commercial Items. (Jan 2022)

(a) Definitions. As used in this clause-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).

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

(b) Prohibition. 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 Federal Acquisition Regulation 4.2104.

(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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause) https://dibnet.dod.mil/

INSTRUCTIONS FOR SUBMITTING A QUOTE AND EVALUATION FACTORS

Offers must submit quotes via email to araneses@usaid.gov , ashotigian@usaid.gov and skgeorge@usaid.gov.

(i) This posting serves as a Combined Synopsis/Solicitation for Commercial Items prepared in accordance with the Federal Acquisition Regulation (FAR) 12.6, Streamlined

Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice.

(ii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-06 (06/10/2021). It is the responsibility of the

Offeror to be familiar with the applicable clauses and provisions.

(iii) The solicitation number is 72066822Q00096. The solicitation is issued as a Request for Quotation (RFQ). Issuance of this RFQ does not in any way obligate USAID to make an award or pay for costs incurred by potential offerors in the preparation and submission of an offer.

(iv) The associated North American Industrial Classification Code (NAICS) for this procurement is 517311 - Wired Telecommunications Carriers.

(v) See Attachment 1, Statement of Work, for specifications.

(vi) USAID/South Sudan has a requirement for an Internet Services Provider (ISP) for the

United States Embassy in South Sudan. Please refer to Attachment 1, attached to this posting, for the complete requirement.

(vii) Place of Delivery: U.S. Embassy South Sudan Residential Compound.

(viii) Instructions: the provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition. In addition, the following information must be included in quotations:

a. Technical Capability: Offerors must demonstrate their technical capability in provisioning Internet services through Fiber. Proof of capability in having provisioned similar services to a large enterprise is required. Proven ability to provision Internet services using a variety of telecommunications tools, software platforms, and servers to achieve a high quality of service is required. USAID may require a test circuit for assessment of the contractor’s capability. The Offeror shall clearly articulate how their 24 X 7 network operations center would work in meeting USAID’s high availability network requirements.

b. Past Performance: Offerors must submit information on similar tasks carried out in the past three to five years. USAID will assess past performance based on background checks where such Internet service has been provisioned. All the necessary terms of reference and the mailto:araneses@usaid.gov mailto:ashotigian@usaid.gov mailto:skgeorge@usaid.gov contact information of the organization where the services were provided must be submitted.

c. Project Financial and Management Issues: Offerors must demonstrate knowledge of sound management, operations management, project planning, risk management, ability to handle logistical issues, and the ability to transact with bank credits.

d. Registered entity with South Sudan Communication Authority (SSCA): Offerors must be a registered entity with the SSCA and have an office and physical presence in the country.

(ix) Evaluation: The Government will award a Purchase Order resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1) Relevant experience and capability.

2) Past performance.

3) Price

Due to the urgent nature of this procurement, non-price factors are more important than price.

Tradeoff considerations may result in the determination that it is in the best interest of the

Government to consider award to other than the lowest priced quote or other than the highest rated offeror. Only technically acceptable quotes are eligible for award.

(x) Quotations must include a complete copy of 52.212-3, Offeror Representations and

Certifications-Commercial Products and Commercial Services.

(xi) The clause at 52.212-4, Contract Terms and Conditions–Commercial Products and

Commercial Services, applies to this acquisition.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition.

(xiii)

(xiv) Quotations in response to this RFQ must be priced on a fixed-price, all-inclusive basis, including delivery and all other costs. Pricing must be presented in United States Dollars (USD).

Quotations must remain valid for not less than thirty (30) calendar days after the deadline for quotations.

(xv) The Offeror must submit the cover page of this solicitation [Standard Form (SF) 1449, SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS T”] with blocks 12, 17, 23, 24, & 30 completed as well as providing the price for services as described in this solicitation, including pricing for the option line items.

(xvi) Please note that if there are significant deficiencies regarding responsiveness to the requirements of this RFQ, an offer may be deemed “non-responsive” and thereby disqualified from consideration.

(xvii) Best-offer quotations are requested. It is anticipated that the award will be made solely on the basis of these original quotations. However, USAID/South Sudan reserves the right to conduct negotiations with and/or request clarifications from any offeror prior to award.

(xviii) The successful offeror must comply with the applicable commercial item terms and conditions, which are incorporated herein by reference:

● Acquisition and Assistance Policy Directive (AAPD) 21-04: Executive Order

14042 Ensuring Adequate COVID-19 Safety Protocols for Federal Awards (FAR Deviation No. M-

OAA-DEV-FAR-22-01c)

The full text of the referenced FAR Clause may be accessed electronically at https://www.acquistion.gov/far/.

(xix) USAID/South Sudan anticipates awarding a Firm Fixed Price Purchase Order as a result of this RFQ.

(xx) The Offeror must also submit the completed representations and certifications (see below) as applicable.

(xxi) All quotations are due on Wednesday, September 14, 2022, at 1700 hours Juba Time.

The Government may award a contract without discussions with Offeror.

Provisions:

52.233-2 Service of Protest. (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from [Contracting Officer designate the official or location where a protest may be served on the Contracting Officer].

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

Representations, Certifications, and Other Statements of Bidders

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications. (JUN 2020)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment. (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror https://www.acquistion.gov/far/ 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 paragraph (c)(1) in the provision at 52.204-26, Covered

Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-

3.

(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) Representation. 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)(2) 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:

(iii) 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.

(iv) 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 (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have 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) (1) 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

Waivers under FAR Part 4.2101 Prohibition on Covered Telecommunications and Video

Surveillance Services and Equipment

(a) This solicitation and any resultant award(s) is subject to the requirements of section

889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year

(FY) 2019 (Pub. L. 115–232) as implemented through FAR 52.204-24 and FAR 52.204-25 of this solicitation.

(b) Waivers.

(1) The submission of an offer where the Offeror makes a representation at paragraph

(d)(2) of the provision at FAR 52.204–24 that it “does” use covered telecommunications equipment or services will mean the Offeror is seeking a waiver.

As part of the disclosure requirements under the provision FAR 52.204–24 submitted as part of the offer, the Offeror/Contractor must describe the circumstances (including in-country circumstances) where the Offeror/Contractor uses covered technology. This must include an identification of whether the covered technology is provided by communications service- providers, such as internet, cell phone, landline or others; the specific country where it is used; and a description of the presence of any other covered technology, whether it be in any internal systems or elsewhere in the supply chain.

(2) USAID does not guarantee that waiver requests from such an offeror will be considered; USAID may make an award to an offeror that does not require a waiver. Where agency needs do not permit time to obtain a waiver, USAID may move forward and make an award to an offeror that does not require a waiver. Per FAR 4.21, USAID will not make an award to an offeror(s) that does not receive the approved waiver.

(3) Where USAID decides to initiate the formal Agency waiver process:

(i) The CO will require the apparently successful offeror(s) to submit the information in paragraph (4) of this section. Alternately, offerors may provide the information with their initial proposal, at their discretion. Offerors must appropriately mark the appropriate portions of their submission as Proprietary Data where applicable.

(ii) For Indefinite Delivery contracts under (48 CFR) FAR subpart 16.5, waiver requests will be addressed prior to award of the basic contract.

(iii) In the event that the waiver is not approved, the Contracting Officer will notify the offeror.

(4) Additional submission requirements:

(i) A compelling justification for the additional time to implement the requirements under

889(a)(1)(B). The justification must:

a. State the amount of additional time requested to meet the requirements of the statute (No

Agency waiver will be authorized to extend beyond August 13, 2022); and

b. Provide an explanation supporting the requested time period, to include the time required to implement the Phase out Plan described below.

(ii) A full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the entity’s supply chain to include:

a. Complete technical design documentation of where, how, and what covered equipment or services are being used by the Offeror;

b. Technical architecture diagram of where the covered technologies are being used (for the system, equipment, service); and

c. Description of how the covered technologies are being used, how often the covered technology is used by the Offeror, and what data traverses the technology.

(iii) A Phase-Out Plan for eliminating the covered equipment or services from the Offeror’s systems, including the covered equipment or services identified in the laydown. The Plan must include:

a. Description of how the Offeror will eliminate all covered equipment or services by the date specified in (4)(i)(b) above;

b. When applicable, milestones and timeframes for providing updates to the COR on the Phase-Out Plan implementation;

c. Identification of other available options;

i. Replacement of covered equipment and systems, as applicable;

ii. Accessibility of the alternative equipment and systems, as applicable; and

iii. In the case of covered services, the proposed use and availability of other service provider(s) without the covered technologies in the supply chain.

(iv) Pending waiver requests/Approved waivers:

a. Pending - Solicitation Number/title/Issuing Office (Mission or USAID/W) of those offers where the CO has requested the information under this provision.

b. Approved Waivers - Award number/title/Issuing Office (Mission or USAID/W)