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IQO INQUIRY

FM: PL8211

TO: Contractors

DATE (MM/DD/YYYY): 6/29/2020

SUBJECT: HC101319QA154-0001 Amend: 0001

A. TYPE ACTION: ADMIN AMEND

1. PURPOSE: THE PURPOSE OF AMEND 0001 IS TO EXTEND THE PROPOSAL DUE DATE

TO 30 JUL 20 AND TO EXTEND THE SERVICE DATE TO 05 OCT 20.***ALL ELSE REMAINS THE

SAME***

RECAP

SUBMIT A QUOTE TO PROVIDE, INSTALL, AND MAINTAIN A 1.544MB (T-1) BETWEEN (BLDG)

1550; (RM) TELCOM CLOSET; 1550 TYSONS MCLEAN DRIVE (UNIT SRDP), MCLEAN, VA 22102

AND (BLDG) PENTAGON; (RM) 1B488; 6607 ARMY PENTAGON, WASHINGTON D.C. 20310.

2. 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.

3. THE SERVICE DATE TO BE MET IS: 05 OCT 20 (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.

4. 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. QUOTE 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. CONTRACTORS

ARE ENCOURAGED TO SUBMIT QUESTIONS AND REQUEST CLARIFICATION 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

BETA.SAM.GOV.

5. THIS IS A REAWARD OF A CURRENT SERVICE, (CSA ELTRW37348). INCUMBENT

CONTRACTORS SHALL SUBMIT NOTICE OF COMPLETION (NOC).

HC101319QA154-0001

M. ADDITIONAL INFORMATION:

3. TSR NUMBER: DI05JAN185127B

4. CCSD: NRXD282X

Z. DITCO CONTACT:

George Butler

George.c.butler4.civ@mail.mil

Dale L. Rupright

DITCO Contracting Officer

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

Paragraph E.SERVICE DATE change from:

Mar 14, 2019

To:

Oct 5, 2020

Paragraph M.4.CCSD change from:

XXXX282X

NRXD282X

Paragraph M.5.DIVERSITY REQUIREMENTS change from:

NA

Paragraph M.6.LOCATIONS TO BE AVOIDED change from:

Paragraph M.7.TRANSMISSION MEDIA TO BE AVOIDED change from:

Paragraph M.8.NETWORKS TO BE AVOIDED change from:

Paragraph M.9.CIRCUIT PARAMETERS change from:

Industry Std

INDUSTRY STANDARDS

Paragraph M.10.TESTING REQUIREMENTS change from:

Industry Std.

INDUSTRY STANDARDS

Paragraph M.12.SECURITY REQUIREMENTS change from:

ESCORT REQUIRED

Paragraph M.14.SITE ACCESS REQUIREMENTS change from:

THE CIRCUIT VENDOR WILL CONTACT THE SITE POCS A MINIMUM OF 24 HOURS PRIOR TO ANY ONSITE

INSTALLATION ACTIONS.

Paragraph U.EVALUATION CRITERIA change from:

See Standard Provision 23.

Standard Provision 23

Paragraph V.QUOTE DUE DATE AND TIME change from:

Dec 31, 2018 4:00:00 PM CST

Jul 30, 2020 4:00:00 PM CDT

Add the following:

LOCATION OF TERMINATION B:

ADDRESS: Building: PENTAGON

6607 ARMY PENTAGON

WASHINGTON D.C. 20310-6607

ROOM: Floor: N/A Room: 1B488

LOCATION: CC2

EXTENSION OF TELECOMMUNICATIONS SERVICE: All facilities between vendor's commercial communications interface point and termination location shall be provided by vendor. All cables shall be run in accordance with local site standards

INTERFACE: Electrical: DS-1; Physical: RJ-48; Electrical: DS-1 Physical: RJ-48

DEMARK: (BLDG) PENTAGON; (RM) 1B488; N/A FL

6607 ARMY PENTAGON

WASHINGTON D.C. 20310-6607

NPA/NXX: 703/695

UNIQUE INSTALLATION FACTORS: PENTAGON PERSONNEL WILL EXTEND SERVICE FROM THE COMMERCIAL

DEMARK TO THE USER IN ROOM 1B546.

INSIDE WIRE INSTALLATION / MAINTENANCE REQUIRED: CPIWI-NO/CPIWM-NO

CONTACT: Primary POC: user

Circuit Actions

Agency

ARMY

U.S. Army (USA)

USA

Organization

R00993

Headquarters Department of Army (HQDA)

HQDA

Address

PENTAGON

6607 ARMY PENTAGON

WASHINGTON D.C. 20310-6607

City

WASHINGTON

State

DC

20310-6607

USARMY.PENTAGON.HQDA-ITA.MBX.PTCF@MAIL.MIL

UNCLASSIFIED

Type: ORG

Commercial: 703 692 0191

DSN: 222 0191

Memo: CMCL: 703-692-0191; DSN: 222-0191;

Alternate POC: user

24-HR On-Call

Agency

ARMY

U.S. Army (USA)

USA

Organization

R00993

Headquarters Department of Army (HQDA)

HQDA

Address

PENTAGON

6607 ARMY PENTAGON

WASHINGTON D.C. 20310-6607

City

WASHINGTON

State

DC

20310-6607

USARMY.PENTAGON.HQDA-ITA.MBX.PTCF@MAIL.MIL

UNCLASSIFIED

Type: ORG

Commercial: 703 695 8314

DSN: 225 8314

Memo: CMCL: 703-695-8314; DSN: 225-8314;

Location A, UNIQUE INSTALLATION FACTORS change from:

COMMERCIAL VENDOR WILL DELIVER THE CIRCUIT TO THE COMMERCIAL DEMARK. THE VENDOR IS RESPONSIBLE

FOR DELIVER OF SERVICE TO DEMARCATION POINT. THE LOCAL COMMUNICATION UNIT WILL EXTEND SERVICE

TO THE SDP.

THE CIRCUIT VENDOR WILL CONTACT THE SITE POCS A MINIMUM OF 24 HOURS PRIOR TO ANY ONSITE

INSTALLATION ACTIONS.

To:

COMMERCIAL VENDOR WILL DELIVER THE CIRCUIT TO THE COMMERCIAL DEMARK. THE VENDOR IS RESPONSIBLE

FOR DELIVER OF SERVICE TO DEMARCATION POINT. THE LOCAL COMMUNICATION UNIT WILL EXTEND SERVICE

TO THE SDP

Location A, INTERFACE change from:

Electrical: DS-1; Physical: RJ-48; Electrical: DS-1 Physical: RJ-48; (ELECTRICAL) DS-1

Electrical: DS-1; Physical: RJ-48; Electrical: DS-1 Physical: RJ-48; (ELECTRICAL) DS-1

Add the Following:

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

(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)

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.

(End of provision)

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.

52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment - DEC 2019

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--

(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.

(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 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.

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

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

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

(4) For equipment, 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).

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.

G1 - Points of Contact - JUL 2018

Contracting Officer

Name: DALE RUPRIGHT

Organization/Office Symbol: DISA/DITCO

Phone No.: 618 418 6614

E-Mail Address: dale.l.rupright.civ@mail.mil

Contract Specialist

Name: GEORGE BUTLER

Organization/Office Symbol: DISA/DITCO

Phone No.: 618 418 6625

E-Mail Address: george.c.butler4.civ@mail.mil

COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) Name:

Organization/Office Symbol:

Phone No.:

E-Mail Address:

(PMRY POC) MR. DAVID A LAMBERTON; (UNCLASS USER) DAVIDAL@UCIA.GOV; (CMCL) 703-275-2034

(ALT POC) MR. ANTHONY MAYS; (UNCLASS ORG) CIO-GCS-ISG-CSD-MAILBOX@EXCHANE.CIA.K.GOV;

(UNCLASS USER) RANSOM@UCIA.GOV; (CMCL) 571-280-5446

Contractor Point of Contact Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax Number:

(End of text)

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)

252.204-7017 - Prohibition on the Acquisiton 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).

File details come from the government source that posted it. Updated .