HC101320QA197-0001.v0.pdf

IQO INQUIRY

FM: PL8211

TO: Contractors

DATE (MM/DD/YYYY): 2/3/2020

SUBJECT: HC101320QA197-0001 Amend: 0001

A. TYPE ACTION: ADMIN AMEND

1. PURPOSE:

***ADMINISTRATIVE AMENDMENT TO ADD THE FOLLOWING CLAUSES: DFARS 252.204-7016,

DFARS 252.204-7017, AND DFARS 252.204-7018. ***

1.SUBMIT A QUOTE TO PROVIDE, INSTALL, AND MAINTAIN 1 GB ETHERNET LEASE

BETWEEN BLDG 8009, RM 129, FL 1, 11 VILLA ROAD, SAINT INIGOES, MD 20684(CCI) AND

BLDG 1490, RM 96, 47762 RANCH ROAD, PATUXENT RIVER, MD 20670 (CCI).

- SEE UNIQUE INSTALLATION FACTORS AND TESTING REQUIREMENTS

- CUSTOMER REQUESTS AND WILL ACCEPT SOONER IF POSSIBLE SERVICE DELIVERY

DATE.

2. CONTRACTORS ARE RESPONSIBLE FOR READING AND COMPLYING WITH ALL

TECHNICAL REQUIREMENTS OF THIS SOLICITATION, READING AND PROVIDING THE

ACCEPTABLE CONTRACTOR/TELECOMMUNICATION PROVIDER (TP) RESPONSE FOR

ALL STANDARD PROVISIONS AND ANY ATTACHMENTS LISTING SPECIFIC TECHNICAL

REQUIMENTS. FAILURE TO READ AND ADHERE TO ANY PORTION OF THIS INQUIRY SHALL

RENDER THE QUOTE NON-COMPLIANT AND RESULT IN ELIMINATION FROM EVALUATION

AND AWARD.

3. CONTRACTORS SHALL SUBMIT A QUOTE IN ACCORDANCE WITH STANDARD PROVISION

04. CONTRACTOR'S PROPOSED LEAD TIMES (WHETHER IN CALENDAR OR BUSINESS

DAYS) WILL STRIVE TO MEET OR IMPROVE THE REQUESTED SERVICE DATE. THE

CONTRACTOR'S PROPOSED SERVICE DATE MUST CONSIDER ALL CONCERNS THAT

MAY IMPACT OR DELAY THE DELIVERY OF SERVICE. THE GOVERNMENT MAY CANCEL,

TERMINATE, OR REQUEST CONSIDERATION IN ACCORDANCE WITH STANDARD PROVISION

42 FOR FAILURE TO MEET CONTRACTUAL SERVICE DATE OR COMPLY WITH ANY

CONTRACT TERMS OR CONDITIONS.

4. 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. CONTRACTORS MUST ENSURE SUFFICIENT DETAIL IS INCLUDED TO ADDRESS

HOW THEY INTEND TO MEET ALL SOLICITATION REQUIREMENTS FOR GOVERNMENT

EVALUATION.

HC101320QA197-0001

M. ADDITIONAL INFORMATION:

3. TSR NUMBER: NH09AUG197174

4. CCSD: BPNG7HCL

Z. DITCO CONTACT:

Benjamin Sparlin benjamin.r.sparlin.civ@mail.mil

Amy M Frerker

DITCO Contracting Officer

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

Paragraph V.QUOTE DUE DATE AND TIME change from:

Feb 26, 2020 4:00:00 PM GMT

To:

Feb 26, 2020 10:00:00 AM CST

Add the Following:

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)

252.204-7016 - 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.

(End of provision)

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).

(End of provision)