HC101318QA434-0001.pdf

IQO INQUIRY

FM: PL8211

TO: Contractors

DATE (MM/DD/YYYY): 10/29/2020

SUBJECT: HC101318QA434-0001 Amend: 0001

A. TYPE ACTION: ADMIN AMEND

1. PURPOSE: *** THE PURPOSE OF AMENDMENT HC101318QA434-0001 IS THE

FOLLOWING: ***

1) REMOVE DIVERSITY REQUIREMENT

2) EXTEND SOLICITATION DUE DATE TO 19 NOVEMBER 2020.

3) EXTEND SERVICE DUE DATE TO 29 MARCH 2021.

4) UPDATE CLAUSES

*** ALL ELSE REMAINS THE SAME. ***

*** RECAP ***

SUBMIT A QUOTE TO PROVIDE, INSTALL AND MAINTAIN A PROVIDE, INSTALL AND MAINTAIN

AN UNPROTECTED TRANSPARENT LEASED (10GB) WAVE DISA IE1 BACKBONE TRUNK

BETWEEN THE DISA IE1 PROVIDED ODXC SWITCH (SN9000 SC INTELLIGENT OPTICAL

SWITCH) (UODWPLO010) BLDG 1, ROOM 103, 49590 LASSING RD, SAN DIEGO, CA, 92152

AND THE DISA IE1 PROVIDED ODXC SWITCH (SN16000 SC INTELLIGENT OPTICAL SWITCH)

(UODWNIS010) BLDG 656, DLA J6N COMPUTER ROOM, 656 ROGERS ROAD, SAN DIEGO, CA,

92135.

2. TELECOMM PROVIDER MUST PROVIDE THE TOTAL FIBER MILES AND ROUND TRIP

DELAY (RTD) FROM THE CUSTOMER "A" LOCATION TO THE CUSTOMER "Z" LOCATION.

CONTRACTORS SHALL MEET ROUND TRIP DELAY (RTD) OF 10 MILLISECONDS.

3. EACH CONTRACTOR IS RESPONSIBLE FOR READING AND COMPLYING WITH ALL

TECHNICAL ASPECTS OF THIS SOLICITATION, TO INCLUDE READING AND AGREEING

WITH THE STANDARD PROVISIONS, ATTACHMENTS LISTING SPECIFIC TECHNICAL

REQUIREMENTS, PRICE QUOTE REQUIREMENTS, AND REQUESTED SERVICE DATE.

FAILURE TO READ AND ADHERE TO ANY PORTION OF THE INQUIRY SHALL RENDER THE

QUOTE NON-COMPLIANT AND RESULT IN IT BEING EXCLUDED FROM EVALUATION AND

AWARD.

4. THE SERVICE DATE TO BE MET IS: 29 MARCH 2021 (SIP). THE GOVERNMENT ASSUMES

THAT CONTRACTORS HAVE CONSIDERED ALL ISSUES THAT MAY IMPACT THE SERVICE

DATE. THE GOVERNMENT MAY CANCEL, TERMINATE, OR REQUEST CONSIDERATION

IAW STANDARD PROVISION 42 FOR FAILURE TO MEET CONTRACTUAL SERVICE DATE OR

COMPLY WITH ANY CONTRACT TERMS OR CONDITIONS.

HC101318QA434-0001

5. CONTRACTORS SHALL SUBMIT QUOTES IAW STANDARD PROVISION 04. QUOTES SHALL

INCLUDE SUFFICIENT DETAIL FOR EFFECTIVE EVALUATION AND SHOULD NOT SIMPLY

REPHRASE OR RESTATE THE GOVERNMENT REQUIREMENTS. RATHER, THEY MUST

PROVIDE CONVINCING RATIONALE TO ADDRESS HOW THE CONTRACTOR INTENDS

TO MEET THE REQUIREMENT. IN RESPONSE TO THIS SOLICITATION, NO TERMS OR

CONDITIONS PLACED UPON THE GOVERNMENT, NOR ASSUMPTIONS WILL BE ACCEPTED.

RESPONSES TO CONTRACTORS ARE ENCOURAGED TO SUBMIT QUESTIONS AND REQUEST

CLARIFICATIONS OF THE REQUIREMENT (S) BEFORE SUBMITTING QUOTES. QUESTIONS

SHALL BE SUBMITTED TO CONTRACT SPECIALIST AND CONTRACTING OFFICER DURING

THE SOLICITATION PHASE ONLY, AND RESPONSES FOR ALL INTERESTED PARTIES WILL BE

POSTED TO FEDBIZOPPS.

6. CONTRACTOR SHALL PROVIDE COLOR POWERPOINT DRAWINGS SHOWING THE

ROUTES FROM THE COMMERCIAL DEMARKS TO THE SUPPORTING CENTRAL OFFICES AND/

OR WIRING CENTERS. DRAWINGS MUST INCLUDE TOTAL FIBER MILES AND ROUND TRIP

DELAY BASED ON ACTUAL DISTANCE IN MILES. REFER TO STANDARD PROVISION 39 FOR

SPECIFIC DOCUMENTATION REQUIREMENTS. SAMPLE DRAWINGS ARE INCLUDED THE

ATTACHMENTS.

7. PRE AWARD SITE SURVEYS ARE AUTHORIZED (AT CONTRACTOR EXPENSE) WITH LOCAL

POCS AT EACH GOVERNMENT SITE. IT IS HIGHLY RECOMMENDED THAT AT A MINIMUM,

CONTRACTORS CONDUCT PHONE SURVEYS TO ADEQUATELY ASSESS THE MAGNITUDE OF

THE WORK TO BE PERFORMED IN DETERMINING THEIR PRICE STRATEGY.

8. ESTABLISH TSP: TSP0H20EP-01

M. ADDITIONAL INFORMATION:

3. TSR NUMBER: SG12OCT175573

4. CCSD: DIYU6J16

Z. DITCO CONTACT:

Andrew Fernandez

618-418-6194 andrew.r.fernandez.civ@mail.mil

KEVIN L. KNOWLES

DITCO Contracting Officer

Unless otherwise specified, all other terms and conditions are unchanged.

Paragraph E.SERVICE DATE change from:

Oct 30, 2018

To:

Mar 29, 2021

Paragraph M.4.CCSD change from:

XXXX6J16

DIYU6J16

Paragraph M.5.DIVERSITY REQUIREMENTS change from:

NA

N/A

Paragraph M.9.CIRCUIT PARAMETERS change from:

SEE ATTACHED

SEE ATTACHMENT 1

Paragraph M.10.TESTING REQUIREMENTS change from:

SEE ATTACHED

To:

1) INDUSTRY STANDARDS

2) SEE UNIQUE INSTALL FACTORS

3) SEE ATTACHMENT 1

4) GOVERNMENT REQUIRED CHANNELIZATION: 10GB WAVE SERVICE MUST BE ENGINEERED/PROVISIONED IN

SUCH A WAY THAT THE GOVERNMENT CAN CHANGE/REVISE CHANNELIZATION WITHOUT TELECOMM PROVIDER

INTERVENTION.

Paragraph M.12.SECURITY REQUIREMENTS change from:

ESCORT REQUIRED

CONTACT SITE POC 72 HRS PRIOR

Paragraph V.QUOTE DUE DATE AND TIME change from:

Jul 2, 2018 4:00:00 PM CDT

Nov 19, 2020 4:00:00 PM CST

Add the Following:

52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment - AUG 2020

The Offeror shall not complete the representation in 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--

"Covered telecommunications equipment or services", "critical technology", and "substantial or essential component" have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

(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. Contractors are not prohibited from providing--

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) 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)(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.

(End of provision)

252.204-7016 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

- DEC 2019

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(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 defense telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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.

252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services - DEC 2019

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

Covered defense 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) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

"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. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense 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, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

(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; 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 a covered defense 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)

G1 - Points of Contact - JUL 2018

Contracting Officer

Name: Kevin Knowles

Organization/Office Symbol: DISA/DITCO-Scott/PL8211 Comm: 618-418-6527

E-Mail Address: kevin.l.knowles4.civ@mail.mil

Contract Specialist

Name: Andrew Fernandez

Organization/Office Symbol: Phone No.: DISA/DITCO-Scott/PL8211 - (618) 418-6194

E-Mail Address:Andrew.r.fernandez.civ@mail.mil

COR/Mission Partner Point of Contact Name:

Bruce Morris

System Analyst II

Deputy Project Manager

DISA IE161

Email: bruce.e.morris2.ctr@mail.mil

CML: 301-225-2877

Contractor Point of Contact Contractor Legal Business Name: DUNS:

CAGE CODE: Contractor POC: E-Mail Address: Phone Number: Fax Number:

(End of text)

52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment - AUG

( (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)

52.204-26 - Covered Telecommunications Equipment or Services-Representation - DEC 2019

(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.

STANDARD PROVISION - 53 - CRITICAL INFRASTRUCTURE COMPLIANCE - JUL 2019

A critical element of our national security is the security of America's communications networks. Threats to the security of our nation's communications networks posed by certain telecommunications equipment or service providers are a matter of concern as reflected in both Executive Branch regulations and Congressional legislation.

In order to protect against national security threats to our nation's communication networks, and comply with federal law, DISA will not procure, obtain, extend, or renew 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 term "covered telecommunications equipment or services" is defined in the National Defense Authorization Act ("2019

NDAA"), Pub. L. 115-232, Sec. 889, and, among others, includes telecommunications equipment produced by Huawei

Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). However, as indicated in the 2019

NDAA, the above prohibition does not prohibit the U.S. Government from contracting with an entity providing a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements. For the purposes of this solicitation, interconnection arrangement means that the prime Contractor/Telecommunications Provider (TP)'s solution links its own 2019 NDAA compliant circuit/network through an entrance facility, to a third-party TP's circuit/network to deliver telecommunications service between the prime Contractor/TP's customers and the third-party TP's customers. Backhaul means the Contractor/TP's solution links its own 2019 NDAA compliant circuit/network through an entrance facility, to a third-party TP's circuit/network, and uses a portion of the third-party TP's circuit/network for delivery of service that again connects to the prime

Contractor/TP's network/customers. See e.g., Pac. Bell Tel. Co. v. Cal. PUC, 621 F.3d 836, 842 (9th Cir. 2010).

In order to be eligible for (contract) award, contractor/Telecommunications Provider (TP) must certify in writing in its quote/proposal the following:

1. Not including backhaul, roaming, or interconnection arrangements with third parties, Contractor/TP does not propose any solution 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, or the Contractor/TP has obtained a waiver in accordance with the 2019 NDAA.

2. Telecommunications equipment the Contractor/TP will use for providing the service proposed is not from a "covered foreign country," i.e. China.

3. For the service requested in this solicitation, Contractor/TP does not produce or provide "covered telecommunications equipment or services".

4. Even if the prime Contractor/TP's solution relies upon the exception of backhaul, roaming, or interconnection arrangements for delivery of some portion of the circuit/network, the solution will not use Telecommunications equipment produced by Huawei

Technologies Company, ZTE Corporation (or any subsidiary or affiliate of such entities), or other covered telecommunications equipment/service on U.S. Government camps/posts/stations, or that directly connects to U.S. Government facilities.

During evaluation and administration of any resulting contract, the Government may consult other sources to determine whether the Contractor/TP is in compliance with the certification. Furthermore, the Government may inspect the Contractor/TP's equipment or services in accordance with the terms of the contract/ order that will result from this contracting opportunity. Failure to comply with the certification may result in termination of the contract for default or cause. If the Government determines that the security risks caused by the Contractor/TP's failure to comply with the certification can be eliminated or significantly reduced, then the Government shall require the contractor to take all necessary measures to mitigate such risks. Mitigation measures shall include removal and replacement of "covered telecommunications equipment" at no cost to the Government

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "BY SUBMISSION OF THIS

QUOTE, I (AS THE TP) CERTIFY THAT I UNDERSTAND THE PROVISION OUTLINED AND WILL COMPLY."

The submission of this quote/proposal constitutes the Telecommunications Provider's Certification that the TP has complied with the terms of the provision, and acknowledges that the TP's continued compliance with the provision is a material precondition for the Government's continued payment under the contract.

252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

- DEC 2019

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at

252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it "does not provide covered defense 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."

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it "does" provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer;

product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

252.225-7974 - Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005) - FEB 2020

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

"Agency or instrumentality of the government of Venezuela" means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to "a foreign state" deemed to be a reference to "Venezuela."

"Business operations" means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

"Government of Venezuela" means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

"Person" means--

(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition.

(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of

Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror--

(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

STANDARD PROVISION - 02, TEXT change from:

Contractor/Telecommunications Provider (TP) acknowledges it has read and understands the current published "DITCO

Inquiry/Quote/Order (IQO) Acquisition Deskbook" version 6 available from the Integrated Defense Enterprise Acquisition System

(IDEAS) Contractor web site https://depsland.csd.disa.mil/html/vendor/vendorreference.html. Contractor agrees that the most recent Standard Provisions as set forth in this order take precedent over any conflicting terms and conditions in the BA.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND."

Contractor/Telecommunications Provider (TP) acknowledges it has read and understands the current published "DITCO

Inquiry/Quote/Order (IQO) Acquisition Deskbook" version 7.1 available from the Integrated Defense Enterprise Acquisition

System (IDEAS) Contractor web site https://depsland.csd.disa.mil/html/vendor/vendorreference.html. Contractor agrees that the most recent Standard Provisions as set forth in this order take precedent over any conflicting terms and conditions in the BA.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND."

STANDARD PROVISION - 02, LAST UPDATED change from:

JAN 2018

APR 2019

STANDARD PROVISION - 30, TEXT change from:

This telecommunications service contract shall continue on a month to month basis with a not to exceed date of 36 months.

After this period the contract will be considered expired with no authority for service to continue unless mutually agreeable by both parties. Should service continue through the end of this contract period, no modification will be issued to authorize discontinuance of service. The minimum service period shall be one month. Accordingly the U.S. Government may discontinue service, at no additional cost to U.S. Government. U.S. Government will provide Contractor/Telecommunications Provider (TP)

30 days notice prior to discontinuing service before the not to exceed period. Contractors shall consider the ability of the

Government to discontinue service with 30 days notice when determining the reasonableness of incurring any costs. See

DFARS 252.239-7007, Cancellation Or Termination Of Orders.

Quotes that do not accept the minimum one month service period may be excluded from the competition and found unacceptable. In the event U.S. Government is unable to obtain quotes that meet this minimum service period, U.S.

Government may consider quotes with a minimum service period greater than one month.

The Government reserves the right to re-solicit these contracted services prior to the end of the not to exceed contract period when commercial market pricing demonstrates these services become available at lower prices.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND/WILL COMPLY."

This telecommunications service contract shall continue on a month to month basis with a not to exceed date of 36 MONTHS.

After this period the contract will be considered expired with no authority for service to continue unless mutually agreeable by both parties. Should service continue through the end of this contract period, no modification will be issued to authorize discontinuance of service. The minimum service period shall be one month. Accordingly the U.S. Government may discontinue service, at no additional cost to U.S. Government. U.S. Government will provide Contractor/Telecommunications Provider (TP)

30 days notice prior to discontinuing service before the not to exceed period. Contractors shall consider the ability of the

Government to discontinue service with 30 days notice when determining the reasonableness of incurring any costs. See

DFARS 252.239-7007, Cancellation Or Termination Of Orders.

Quotes that do not accept the minimum one month service period may be excluded from the competition and found unacceptable. In the event U.S. Government is unable to obtain quotes that meet this minimum service period, U.S.

Government may consider quotes with a minimum service period greater than one month.

The Government reserves the right to re-solicit these contracted services prior to the end of the not to exceed contract period when commercial market pricing demonstrates these services become available at lower prices.

STANDARD PROVISION - 44, LAST UPDATED change from:

AUG 2013

MAR 2014

STANDARD PROVISION - 52, TEXT change from:

Department of Defense (DoD) Instruction 8100.04, DoD Unified Capabilities, (December 9, 2010), establishes governing policy for products and services that support and connect to the DoD Information Network (DoDIN). DoDI 8100.04 also sets forth instructions that are implemented by the Defense Capabilities Requirement (formerly the Unified Capabilities Requirement document) and the DoDIN Approved Products List (APL). VENDOR/TELECOMMUNICATIONS PROVIDER (TP) must list all equipment the TP or any subcontractor will use at the point of interface with the Government's network. The Government will evaluate the TP's list of equipment at the point of interface with the Government's network to ensure the TP proposes only equipment compliant with the DoDIN APL. A TP's failure to list equipment used at the point of interface with the Government's network, or inclusion of equipment not on the DoDIN APL, may result in the TP being deemed not technically acceptable.

Additionally, during the period of performance and contract administration, the TP is required to ensure the TP and all subcontractors use only equipment that conforms to DoDIN APL requirements at the point of interface with the Government's network. Also during performance, TP must update the Government whenever equipment is changed at the point of interface with the Government's network, and must further provide an updated list of equipment at least once per year.

https://aplits.disa.mil/processAPList.action

Department of Defense (DoD) Instruction 8100.04, DoD Unified Capabilities, (December 9, 2010), establishes governing policy for products and services that support and connect to the DoD Information Network (DoDIN). DoDI 8100.04 also sets forth instructions that are implemented by the Defense Capabilities Requirement (formerly the Unified Capabilities Requirement document), the DoDIN Approved Products List (APL), and the DoDIN Service Provider Equipment (SPE) List. The DoDIN APL lists products that have been certified for Cybersecurity and Interoperability and are approved for use within and on DoD networks. The DoDIN SPE lists products that may be used to interface with the DoDIN when used by Internet Service Providers

(ISP) or other Telecommunications Providers. For the purposes of this solicitation, equipment at the point of interface with the

Government's network must conform to either the DoDIN APL or the DoDIN SPE.

VENDOR/TELECOMMUNICATIONS PROVIDER (TP) must list all equipment the TP or any subcontractor will use at the point of interface with the Government's network. The Government has the right to evaluate the list of equipment at the point of interface with the Government's network to ensure it is compliant with either the DoDIN APL or the DoDIN SPE. A TP's failure to list equipment used at the point of interface with the Government's network, or inclusion of equipment not on the DoDIN APL or the

DoDIN SPE, may result in the TP being deemed not technically acceptable. Additionally, during the period of performance, service delivery, and contract administration, the TP is required to ensure the TP and all subcontractors use only equipment that conforms to DoDIN APL or DoDIN SPE requirements at the point of interface with the Government's network. If at any time during the performance of this contract/order the specified equipment will not be in compliance with the requirements of this provision, the TP must notify the Contracting Officer prior to installation. The Government has the right to review the equipment used at any time during this contract/order. When determined by the Government that an exception is in the Government's best interest, the Government or the TP may seek an exception to policy in accordance with DoDI 8100.04 or the DoDIN APL

Process Guide to allow the TP to use equipment beneficial to the Government's mission.

The DoDIN Approved Products List and applicable procedures can be accessed at:

https://aplits.disa.mil/processAPList.action

The DoDIN Service Provider Equipment List can be accessed at:

https://aplits.disa.mil/dodinspe

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "BY SUBMISSION OF THIS

QUOTE, I (AS THE TP) CERTIFY THAT I UNDERSTAND THE PROVISION OUTLINED AND WILL COMPLY."

The submission of this quote/proposal constitutes the Telecommunications Provider's Certification that the TP has complied with the terms of the provision, and acknowledges that the TP's continued compliance with the provision is a material precondition for the Government's continued payment under the contract.

STANDARD PROVISION - 52, LAST UPDATED change from:

JAN 2018

JUL 2019

STANDARD PROVISION - 45, TEXT change from:

Contractor/Telecommunications Provider (TP) must (1) obtain a PKI certificate. (2) register for access to Integrated Defense

Enterprise Acquisition System (IDEAS) by calling DISA PLD Tech Support 1-618-229-9333 or email disa.scott.ditco.mbx.technical-support@mail.mil and provide the following information:

First name last name nickname(if desired) email address company name (as used by the U.S. Government) phone number company ideas representative

Once registered with a signed basic agreement, Contractor/TP can access ideas to download Inquiries, Orders, and

Modifications sent directly to Contractor/TP, and to upload Quotes, Jeopardy Notices, and completion notices in response. An

Order or Modification sent to Contractor/TP’s in ideas is considered the official issuance of the Order or…