HC101319QA096-0003.pdf

IQO INQUIRY

FM: PL8211

TO: Contractors

DATE (MM/DD/YYYY): 2/7/2020

SUBJECT: HC101319QA096-0003 Amend: 0003

A. TYPE ACTION: ADMIN AMEND

1. PURPOSE: ****HC101318QA096 AMEND 0003 ISSUED TO CHANGE COMPETITION TYPE

TO FULL AND OPEN COMPETITION. ALSO TO EXTEND QUOTE DUE DATE TO 21 FEB 20, 4:00

PM CST, AND EXTEND SERVICE DATE 8 JUN 20 ALL ELSE REMAINS THE SAME.

M. ADDITIONAL INFORMATION:

3. TSR NUMBER: AE02OCT185630

4. CCSD: JPN97TRF

Z. DITCO CONTACT:

Dale Rupright

(618) 418-6614 dale.l.rupright.civ@mail.mil

Michael R. Leonard

DITCO Contracting Officer

HC101319QA096-0003

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

Paragraph E.SERVICE DATE change from:

Feb 7, 2020

To:

Jun 8, 2020

Paragraph M.4.CCSD change from:

XXXX7TRF

JPN97TRF

Paragraph U.EVALUATION CRITERIA change from:

SEE STANDARD PROVISION #23.

Paragraph V.QUOTE DUE DATE AND TIME change from:

Oct 18, 2019 4:00:00 PM CDT

Feb 21, 2020 4:00:00 PM CST

Add the Following:

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.

Add the Following:

STANDARD PROVISION - 37 - JEOPARDY NOTICE - AUG 2017

Contractor/Telecommunications Provider (TP) shall immediately provide a Jeopardy Notice via Integrated Defense Enterprise

Acquisition System (IDEAS) prior to the contracted service date as soon as Contractor/TP becomes aware contract service date may not be or cannot be met. A Jeopardy Notice must include following information: (1) Contract PIID number; (2) DITCO CSA number; (3) TSR number; (4) contracted service date; (5) explanation of why contracted service date may not be or cannot be met; (6) revised service date requested; and (7) name, phone number, and email address of Contractor/TP representative that can be contacted for any questions concerning the Jeopardy Notice. DITCO's preferred method of receiving a jeopardy notice is via Integrated Defense Enterprise Acquisition System (IDEAS). However, Contractors/TPs not authorized to obtain a PKI certificate may submit their jeopardy notice via email to the applicable following address that issued the inquiry:

DITCO-Scott (IQO Section) disa.scott.ditco.mbx.pl8211@mail.mil

DITCO-Scott (PL8212 Section) disa.scott.ditco.mbx.pl8212@mail.mil

DITCO-Pacific (Ford Is Office) disa.jbphh.ditco.mbx.iqo@mail.mil

DITCO-Pacific (Alaska Office) disa.jber.ditco.other.ditcoako@mail.mil

DITCO-Europe (Stuttgart Office) disa.stuttgart.ditco.mbx.pl511@mail.mil

DITCO-Europe (SWA Bahrain Office) disa.stuttgart.ditco.mbx.pl52@mail.mil

DISA's acknowledgement of the Contractor/TP's representation of delayed performance is not an explicit or implicit acceptance of the performance delay nor is it a waiver of any rights or remedies allowed under the contract, the FAR, or applicable case law.

Moreover, it is not an acknowledgment that DISA is responsible for any part of the Contractor/TP's delayed performance.

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

Delete the Following:

STANDARD PROVISION - 16 - SMALL BUSINESS SET ASIDE - NOV 2017

This acquisition is 100 percent set aside for the following small business category:

_X__ Small Business

___ Section 8(a)

___ Historically Underutilized Business Zone (HUBZone) Small Business

___ Service-Disabled Veteran-Owned Small Business

___ Women-Owned Small Business (WOSB) Eligible Under WOSB Program Set-Aside

___ Economically Disadvantaged Women-Owned Small Business

___ Other Set-Aside (cite authority e.g., FAR 26.202-1 or 6.208; or DFARS 226.71)

NAICS: 517311 and 517911 .

Small Business Size Standard: 1,500 Employees.

ACCEPTABLE CONTRACTOR RESPONSE: "UNDERSTAND."

Delete the Following:

52.219-14 - Limitations on Subcontracting - JAN 2017

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to--

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in 8.405-5 and

16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of Clause)