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- HC101322QA251
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IQO INQUIRY
FM: PL8211
TO: Contractors
DATE (MM/DD/YYYY): 11/16/2022
SUBJECT: HC101322QA251
A. TYPE ACTION: START
1. PURPOSE: SUBMIT A QUOTE TO PROVIDE, INSTALL, AND MAINTAIN A 1G DEDICATED
SERVICE ON THE IQO BULLETIN LEASE BETWEEN (BLDG) OT1; (RM) 1764; (FL) 1ST; 4297
PACIFIC HIGHWAY, OT2, SAN DIEGO, CA 92110 (SANDIEGO/CCI) AND (BLDG) 1482; (RM) 169;
1482 READ RD, NCTS SAN DIEGO, CA 92135-7056 (SNDGNB/CCI).
-SEE UNIQUE INSTALLATION FACTORS, TESTING REQUIREMENTS AND ALL ATTACHMENTS.
-CUSTOMER REQUEST AND WILL ACCEPT SOONER IF POSSIBLE DELIVERY DATE.
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: 14 Feb 23 (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 SAM.GOV.
5. QUOTES MUST BE UPLOADED TO IDEAS.
6. FAILURE TO READ AND ADHERE TO ANY PORTION OF THE SOLICITATION SHALL
RENDER THE QUOTENON-COMPLIANT AND RESULT IN IT BEING EXCLUDED FROM
EVAULUATION AND AWARD. If there are more than two locations, their information will be found in Attachment B to this Order.
HC101322QA251
B. ALLA NUMBER:
C. TSP AUTHORIZATION CODE/RESTORATION CODE: NA
D. DEMANDER'S CODE:
E. SERVICE DATE (MM/DD/YYYY): 2/14/2023
F. TYPE OF CIRCUIT:
1. BANDWIDTH/DATA RATE: 1 Gigabit
2. SIGNALING MODE: No Signaling
G. LOCATION OF TERMINATION A:
1. ADDRESS: BLDG OT14297 PACIFIC HIGHWAY SAN DIEGO, CA 92110 (LAT) 32.7462;
(LONG) -117.194
2. ROOM: 1764
H. LOCAL PART A:
1. 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.
2. INTERFACE: LC; 1000BASE-LX
3. DEMARK: (BLDG) OT1
(RM) 1764
(FL) 1ST
4297 PACIFIC HIGHWAY
SAN DIEGO, CA 92110
4. NPA/NXX: 619/524
5. UNIQUE INSTALLATION FACTORS: UNIQUE INSTALL FACTS:
(1) CUSTOMER WILL EXTEND FIBER FROM OT1/1764 TO OT2/1512. FOR CIRCUIT
ACTIVATION ASSISTANCE CONTACT DCP COMMERCIAL ACTIVATION TEAM (CAT) AT
D312-850-0820, C614-692-0820. DISA REQUIRES THAT CIRCUIT VENDOR OBTAIN A
SIGNATURE FROM A RESPONSIBLE SITE POC CERTIFYING THAT THE VENDOR PROVIDED
THE CONNECTIVITY AND THAT THE CIRCUIT IS PROPERLY TAGGED WITH CIRCUIT ID AND
TSR NUMBER OR CCSD.
(2) FOR THE VENDOR: VENDOR WILL DELIVER SERVICE TO THE COMMERCIAL
DEMARC IDENTIFIED IN THE DOCUMENT.
6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: CPIWI-NO/CPIWM-NO
7. CONTACT: (PMRY POC) MR. NELL BALAOING
(CMCL) 619-708-8610
(UNCLASS ORG) NELLERNEST.P.BALAOING.CIV@US.NAVY.MIL
(ALT POC) MR. DANH HY
(CMCL) 619-524-4644
(UNCLASS ORG) DANH.HY@NAVY.MIL
(PMRY TECH POC) MR. BRUCE PILAND; (CMCL) 619-524-0000
(UNCLASS ORG) BRUCE.A.PILAND.CIV@US.NAVY.MIL
(ALT TECH POC) MR. TEDDY T NGUYEN; (CMCL) 619-524-0000
(UNCLASS ORG) TEDDY.T.NGUYEN2.CIV@US.NAVY.MIL
(PMRY IT POC) MR. BOLES GREGORY
(CMCL) 757-943-2707
(UNCLASS ORG) GBOLES@EFFECTURE.COM
(ALT IT POC) MS MICHAELA ODDY
(CMCL) 480-586-0177
(UNCLASS ORG) MODDY@EFFECTURE.COM
I. TERMINATION EQUIPMENT A: COMMERCIAL DEMARK
J. LOCATION OF TERMINATION B:
1. ADDRESS: BLDG 14821482 READ RDSAN DIEGO, CA 92135-7056
2. ROOM: 169
K. LOCAL PART B:
1. 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.
2. INTERFACE: LC; 1000BASE-LX
3. DEMARK: (BLDG) 1482
(RM) 169
1482 READ RD
SAN DIEGO, CA 92135-7056
4. NPA/NXX:757/203
5. UNIQUE INSTALLATION FACTORS: (1) CUSTOMER WILL EXTEND FIBER FROM OT1/1764
TO OT2/1512. FOR CIRCUIT ACTIVATION ASSISTANCE CONTACT DCP COMMERCIAL
ACTIVATION TEAM (CAT) AT D312-850-0820, C614-692-0820 DISA REQUIRES THAT CIRCUIT
VENDOR OBTAIN A SIGNATURE FROM A RESPONSIBLE SITE POC CERTIFYING THAT THE
VENDOR PROVIDED THE CONNECTIVITY AND THAT THE CIRCUIT IS PROPERLY TAGGED
WITH CIRCUIT ID AND TSR NUMBER OR CCSD.
(2) FOR THE VENDOR: VENDOR WILL DELIVER SERVICE TO THE COMMERCIAL DEMARC
IDENTIFIED IN THE DOCUMENT.
6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: CPIWI-NO/CPIWM-NO
7. CONTACT: (PMRY POC) WATCH OFFICER
(CMCL) 619-545-8936
(UNCLASS ORG) USFF_NCTSSD_SDNI_CWO@NAVY.MIL
L. TERMINATION EQUIPMENT B: COMMERCIAL DEMARK EQUIPMENT INFORMATION: BLD
1482, RM180A, CAB 9N FINAL CONNECTION POINT. REQUIRES LC CONNECTION AT END
POINT. 1. FOR DITCO: PLEASE PROVISION THIS REQUIREMENT VIA THE IQO PROCESS
ONLY. 2. TESTING REQUIREMENT PER THE ITU-T.Y.1564 ETHERNET TESTING STANDARDS.
A. SERVICE CONFIGURATION REQUIREMENT (RAMP TESTING) (1) SERVICE PERFORMANCE
PERIMETERS REQUIREMENTS (A) FRAME TRANSFER DELAY (FTD) - LATENCY, FRAME
DELAY VARIATIONS (FDV) - JITTER
M. ADDITIONAL INFORMATION:
1. DITCO CSA NUMBER:
2. BASIC AGREEMENT NUMBER: TBD
3. TSR NUMBER: NH10MAR229169A
4. CCSD: BUED767W
5. DIVERSITY REQUIREMENTS: NA
6. LOCATIONS TO BE AVOIDED: N/A
7. TRANSMISSION MEDIA TO BE AVOIDED: N/A
8. NETWORKS TO BE AVOIDED: N/A
9. CIRCUIT PARAMETERS: SEE TESTING REQUIREMENTS
10. TESTING REQUIREMENTS: CIRCUIT SPECIFICATIONS: CONUS JUMBO FRAME
ETHERNET ACCEPTANCE TESTING SHALL BE PERFORMED BY VENDOR IN ACCORDANCE
WITH ITU-T Y.1564. TEST PERIOD 24 HOURS. TESTS COVERED IN SECTIONS 9.1, 10,
11.1, 14, 20, 21, 26.1, 26.2, AND 26.3 OF RFC 6815 MUST BE PERFORMED AND RESULTS
REPORTED IN THE FORMAT SPECIFIED BY THE RFC OR ITU-T Y. SPECIFICALLY FRAMES
SIZE OF 4472 BYTES MUST BE USED. THE TEST DROPPED, NUMBER OF FRAMES RECEIVED
OUT OF ORDER, AND DUPLICATE FRAMES. TESTS MUST BE BI-DIRECTIONAL USING THE
SAME DATA RATE IN EACH DIRECTION. BURST TESTS MUST BE RUN TO DETERMINE
MINIMUM INTERVAL BETWEEN FRAMES THAT CAN BE PROCESSED WITHOUT FRAME
LOSS. SEPARATE THROUGHPUT TEST MUST BE RUN WITH FRAMES ADDRESSED TO THE
HARDWARE BROADCAST ADDRESS CONSTITUTING AT LEAST 1% OF THE TEST STREAM
AND BE EVENLY DISTRIBUTED THROUGHOUT THE TEST. LATENCY TEST MUST BE RUN FOR
A PERIOD OF NO LESS THAN 120 SECONDS, AND REPEATED NO LESS THAT 20 TIMES. THE
TEST STREAM FOR THE LATENCY TEST SHOULD BE RUN AT THE THROUGHPUT RATE FOR
CORRESPONDING FRAME SIZES FROM THE THROUGHPUT TEST. END TO END LATENCY
WILL BE CALCULATED AS THE AVERAGE OVER THE 20 TEST RUNS. FRAME LOSS RATE
TESTS SHOULD BE RUN AT THE FRAME RATE CORRESPONDING TO THE MAXIMUM FRAME
RATE, AND REDUCED BY 10% INTERVALS UNTIL THERE ARE AT LEAST TWO CONSECUTIVE
RUNS IN WHICH NO FRAMES ARE LOST. THROUGHPUT TEST RESULTS: PASSING RATE
100% FOR ALL FRAME BYTE SIZES EXERCISED. FRAME LOSS RATE (%) RESULTS: FRAME
LOSS RATE LESS THAN 0.01% FOR ALL FRAME BYTE SIZES EXERCISED. LATENCY WILL
BE MEASURED ACCORDING TO THE FOLLOWING: ANY APS SWITCHOVER SHALL TAKE
LESS THAN 50 MILLISECONDS. MONTHLY AVAILABILITY SHALL BE NO LESS THAN 99.5%.
TESTING REQUIREMENT PER THE ITU-] T.Y.1564 ETHERNET TESTING STANDARDS.A.
SERVICE CONFIGURATION REQUIREMENT (RAMP TESTING) (1) SERVICE PERFORMANCE
PERIMETERS REQUIREMENTS (A) FRAME TRANSFER DELAY (FTD) - LATENCY, FRAME
DELAY VARIATIONS (FDV) - JITTER (B) FTD LESS THAN 13 MSEC (C) FDV LESS THAN 3
MSECB. PROBLEM RESOLUTION (1) ONE (1) HOUR RESPONSE TIME. (2) EIGHT (8) HOUR
RESTORAL TIME (3) MINIMUM CIRCUIT AVAILABILITY IS 99.5%. C. CIRCUITS SPECIFICATIONS
(1) SERVICE PERFORMANCE REPORT REQUIREMENTS. (A) PORT SPEED: (B) PORT TYPE:
(C) NUMBER OF SERVICES TESTED: (D) SERVICE ACCEPTANCE CRITERIA: FRAME LOSS
RATIO (FLR) (E) FTD: (F) FDV: (G) MAXIMUM TRANSMISSION UNIT (MTU): 9100 (H) SERVICE
CONFIGURATION TEST STEP TIME: 3 SECONDS. (I) SERVICE PERFORMANCE TEST TIME: 24
HOURS. (J) DATE AND TIME OF TEST. (K) TOTAL ELAPSED TIME OR DURATION OF TEST
11. GOVERNMENT ACCEPTANCE ACTIVITY: SANDIEGO/(CMCL) 619-708-8610
12. SECURITY/ REQUIREMENTS: ESCORT REQUIRED.
13. SITE ACCESS REQUIREMENTS: VENDOR MUST CONTACT SITE POC AT LEAST 72
HOURS PRIOR TO ANY SITE VISIT OR INSTALLATION.
14. DITCO STANDARD PROVISIONS: Incorporated in full text below
V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 12/16/2022 4:00 PM GMT
Z. DITCO CONTACT:
Rebecca Skelton
Not Applicable rebecca.l.skelton4.civ@mail.mil
KEVIN L. KNOWLES
DITCO Contracting Officer
(618)418-6527 kevin.l.knowles4.civ@mail.mil
Section G - Contract Administration Data
Included Clauses
G1 - Points of Contact - MAY 2022 Contracting Officer
Name: Kevin Knowles
Organization/Office Symbol: DITCO/DISA
Phone No.:(618) 418-6527
E-Mail Address: kevin.l.knowles4.civ@mail.mil
Contract Specialist
Name: Rebecca Skelton
Organization/Office Symbol: DITCO/DISA
Phone No.: 618-418-6550
E-Mail Address: rebecca.l.skelton4.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:
Contractor Point of Contact
Contractor Legal Business Name:
UEI:
CAGE CODE:
Contractor POC:
E-Mail Address:
Phone Number:
Standard Provisions
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 Acquisition of Covered Defense Telecommunications
Equipment or Services—Representation - MAY 2021
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).
252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications
Equipment or Services - JAN 2021
(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 3 business days 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 30 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)
52.204-24 - Representation Regarding Certain Telecommunications and Video
Surveillance Services or Equipment - NOV 2021 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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision--
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on
Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-
232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that--
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(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.
52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment - NOV 2021
(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 products or commercial services.
52.204-26 - Covered Telecommunications Equipment or Services-Representation - OCT
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c) (1) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it does, does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.229-11 - Tax on Certain Foreign Procurements—Notice and Representation - JUN 2020
(a) Definitions. As used in this provision--
Foreign person means any person other than a United States person.
Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.
United States person as defined in 26 U.S.C. 7701(a)(30) means--
(1) A citizen or resident of the United States;
(2) A domestic partnership;
(3) A domestic corporation;
(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and
(5) Any trust if--
(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and
(ii) One or more United States persons have the authority to control all substantial decisions of the trust.
(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.
(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14.
Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.
(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that--
(1) It [_]is [_]is not a foreign person; and
(2) If the Offeror indicates ``is'' in paragraph (d)(1) of this provision, then the Offeror represents that--I am claiming on the IRS
Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.
(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then--
(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and
(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.
(f) If the Offeror selects ``is'' in paragraph (d)(1) and ``partial or no exemption'' in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.
(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the
IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.
STANDARD PROVISION - 01 - DITCO BASIC AGREEMENT - AUG 2017
To be eligible to receive any Order or Circuit Demand resulting from this Inquiry, Contractor/Telecommunication Provider (TP) shall have a DITCO Basic Agreement (BA) signed by both the Government and the Contractor. See Federal Acquisition
Regulation 16.702 -- Basic Agreements. DITCO BA contains additional terms and conditions that shall be incorporated into any
Order or Circuit Demand by reference. Contractor/TP shall identify its assigned DITCO BA number (e.g., HC10XXXXHXXXX) and agreement date in its quote. Contractors/TPs that do not have a current DITCO BA must execute one with the appropriate
DITCO Office prior to submitting any quotes. The Contractor/TP must provide the following organizational information as registered in System of Award Management (SAM):
Legal Business Name
Address
DUNS
CAGE
Phone and FAX number
POC if different from the POC for Government Business as indicated in your SAM registration
Name and title of organization official to sign the Basic Agreement
DITCO Europe Basic Agreements: Contractor/TPs must obtain a blank BA from the Integrated Defense Enterprise Acquisition
System (IDEAS) Contractor web site under references tab https://depsland.csd.disa.mil/html/vendor.html; complete it with their organizational information, sign, and return BA to the following applicable email address for signature before submitting any quotes. Any questions concerning the DITCO Europe BA may be emailed to disa.stuttgart.ditco.mbx.pl511@mail.mil, and any questions concerning the DITCO SWA BA may be emailed to disa.stuttgart.ditco.mbx.pl52@mail.mil.
DITCO U.S. Basic Agreements: Contractor/TPs should review the template of the DITCO US BA located on the above website and email their organizational information as registered in SAM.gov to email address disa.scott.ditco.mbx.basic-agreements@mail.mil. DITCO-Scott will validate the Contractor/TP organizational information, process a new BA and send it to the Contractor/TP for final review and completion of blocks 30a, 30b, and 30c of the BA document (Solicitation/Contract/Order for Commercial items (SF 1449)). The BA must be signed and returned before submitting any quotes. Any questions concerning the DITCO U.S. BA may be emailed to the above address.
ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND," and provide the
Contractor/TP's current BA number and execution date.
STANDARD PROVISION - 02 - UNDERSTANDING OF DITCO IQO ACQUISITION
DESKBOOK - APR 2019
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 - 04 - QUOTE PREPARATION - AUG 2017
Contractor/Telecommunications Provider (TP) shall identify their legal business name, basic agreement number, DUNS number and CAGE code on all quotes submitted for consideration. Contractor/ TP quote shall respond to each paragraph of this Inquiry separately and to each subparagraph under section M (additional information) separately if applicable. Contractor/TP shall agree to satisfy all technical aspects of Inquiry. Any technical aspects of Inquiry that Contractor/TP is unable or unwilling to satisfy shall be addressed by Contractor/TP. Contractor/TP shall indicate whether it can provide service within XX days after award. If Contractor/TP cannot meet service date, Contractor/TP shall indicate date that it can provide service. If
Contractor/TP's ability to meet a requested date is dependent upon receipt of an Order or Circuit Demand by a certain date, this condition shall be stated in quote.
All charges quoted shall be understood to be firm fixed price (FFP) for the life of the contract. Firm fixed price quotes must account for all applicable charges (e.g., charges from Subcontractors or other Contractors/TPs, taxes, surcharges, universal service fund, fees, etc.), and these charges may not be billed separately. All charges shall state quantity and costs per unit as non-recurring charges (NRC) and monthly recurring charges (MRC). Charges not included in quote shall not be added to subsequent invoices, and U.S. Government shall not be obligated to pay charges that are not specified in quote and authorized in resultant Order or Circuit Demand. A Contractor's/TP's quote may be determined unacceptable if the quote takes exception to any of the terms of the Inquiry, if the quote fails to meet any requirements, or if the quote presents any ambiguity or uncertainty regarding the Contractor's/TP's intention to meet requirements.
Quotes must clearly state up front whether the quote contains tariff charges. Tariff charges must be listed at time of proposal, all other charges are considered firm fixed price. Charges required by tariffs must be identified in the quote, with the effective date, National Exchange Carrier Association (NECA) ; and include the applicable tariff reference by name, section, paragraph, revision number, and effective date of each page. Additionally, any future tariff changes will be electronically submitted, with the tariff transmittal and accompanying pages, to disa.scott.ditco.mbx.tariffs@mail.mil, subject line: tariff transmittal.
All quotes shall be provided in English.
ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND, WILL COMPLY" and provide the required information with a statement confirming prices are FFP unless explicitly stated on proposal.
STANDARD PROVISION - 12 - ONE-STOP-SHOPPING/END-TO-END SERVICE VS HALF
CIRCUITS NATIONAL AUTHORITY PROCEDURE - AUG 2017
U.S. Government’s preference is to obtain this service on a “One-Stop-Shopping” (OSS) or end-to-end service basis. Under an
OSS or end-to-end arrangement, Contractor/Telecommunications Provider (TP) receiving this contract shall have total responsibility for end-to-end technical sufficiency and invoicing (i.e., end-to-end provisioning, restoral/maintenance, and invoicing) for entire service. Government may consider half circuit quotes when it is unsuccessful in obtaining an OSS/end-to-end quote, when OSS/end-to-end quote charges cannot be determined to be fair and reasonable, or when determined to be in best interest of U.S. Government. Therefore, all Contractors/TPs are advised to submit a half circuit quote in addition to any
OSS/end-to-end quote they provide. All half-circuit quotes must identify Contractor/TP that they have coordinated with to provide complete service, along with agreed upon circuit midpoint.
ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: “UNDERSTAND,” and identify the coordinating Contractor/TP and the circuit midpoint for half circuit Quotes.
STANDARD PROVISION - 17 - SUBMISSION OF QUOTES - AUG 2017
Due date for quotes in response to this Inquiry is found in Paragraph V. DITCO's required method of receiving quotes is via
Integrated Defense Enterprise Acquisition System (IDEAS), unless Inquiry specifically authorizes the use of other electronic media. However, Contractors/TPs not authorized to obtain a PKI certificate may submit their quotes 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
ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND," and provide Quote by due date and time.
STANDARD PROVISION - 21 - QUOTES RECEIVED AFTER DUE DATE AND
WITHDRAWALS OF QUOTES - AUG 2015
It is the responsibility of each Contractor/Telecommunication Provider (TP) to provide its quote (or any modification or revision) to the DITCO Contracting Office that issued Inquiry by quote due date. Accordingly, U.S. Government is not obligated to consider any quote or revised quote received after quote due date.
Contractor/TP may withdraw its quote at any time prior to U.S. Government issuing an Order or Circuit Demand. Upon receipt of a written quote withdrawal notification from a Contractor/TP, quote will be withdrawn and eliminated from further consideration by U.S. Government.
ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: “UNDERSTAND.”
STANDARD PROVISION - 23 - EVALUATION OF QUOTES-TECHNICAL/SERVICE
DATE/PRICE - AUG 2017
After receipt of quotations, the Government will first evaluate the lowest price quotation. If the lowest price quotation is determined to be technically acceptable and otherwise properly awardable, award will be made to that offeror.
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