HC101322QA329.v2.pdf

IQO INQUIRY

FM: PL8211

TO: Contractors

DATE (MM/DD/YYYY): 5/5/2022

SUBJECT: HC101322QA329

A. TYPE ACTION: REAWARD

1. PURPOSE: SUBMIT A QUOTE TO PROVIDE, INSTALL, MAINTAIN A 155.52MB (OC-3C)

LEASE BETWEEN (BLDG) 10690; (RM) 158; (FL) 1ST; 10690 ENDURING FREEDOM DRIVE, FT

DRUM, NY 13602-5003 AND (BLDG) 11 SOUTH TOWER (PEARKES BLDG); (RM) 70 (11ST); (FL)

11TH; 101 COLONEL BY DRIVE, OTTAWA, CA ON K1-A OK.

If there are more than two locations, their information will be found in Attachment B to this Order.

B. ALLA NUMBER:

C. TSP AUTHORIZATION CODE/RESTORATION CODE: TSP06DHQQ-01

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 10/21/2022

F. TYPE OF CIRCUIT:

1. BANDWIDTH/DATA RATE: 155.52 Megabits Per Second

2. SIGNALING MODE: Unknown

G. LOCATION OF TERMINATION A:

1. ADDRESS: 10690, 10690 ENDURING FREEDOM DRIVEFT DRUM, NY 13602-5003

2. ROOM: 158; 1ST FL

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: INTERFACE: SC; OC-3C, LINECODING: OPTIC, FRAME FORMAT:SONET;

3. DEMARK: (BLDG) 10690; (RM) 158; (FL) 1ST; 10690 ENDURING FREEDOM

DRIVE, FT DRUM, NY 13602-5003

PRI: GREG COUTANT, D772-8300, C315-772-8300

HC101322QA329

ALT: MARK SOUVA, D774-7000, C315-774-7000

4. NPA/NXX: 315/712

5. UNIQUE INSTALLATION FACTORS: A. VENDOR IS RESPONSIBLE FOR INSTALLATION

AND MAINTENANCE OF SINGLE MODE FIBER FROM LINE SIDE OF DISA IE1 PROVIDED FIBER

TERMINATING PATCH PANEL INSTALLED IN DISA MSPP SUITE

(UMSWMEC060) BLDG 10690, ROOM 158 TO DROP SIDE OF COMMERCIAL FIBER POINT

OF PRESENCE FIBER DISTRIBUTION PANEL BLDG 10690, ROOM 158. COORDINATE TYPE

CONNECTORS FOR TERMINATION TO DISA PROVIDED PATCH PANEL.

B. VENDOR MUST COORDINATE WITH GOVERNMENT SITE PERSONNEL TO CONDUCT

WALK THROUGH SITE SURVEY FOR EXACT CABLE FT. FROM DISA PROVIDED FIBER

TERMINATING PATCH PANEL INSTALLED IN DISA MSPP SUITE BLDG 10690, ROOM 158 TO

THE COMMERCIAL FIBER POINT OF PRESENCE BLDG 10690, ROOM 158.

C. VENDOR MUST PROVIDE FIBER STRANDS FROM DISA PROVIDED FIBER PATCH PANEL

INSTALLED IN CISCO MSPP SUITE TO THE COMMERCIAL DEMARC LOCATION WITHOUT

SPLICING AND OR USE OF CONNECTORS TO CONNECT 2 OR MORE FIBER STRANDS

MEANING THE FIBER CANNOT BE BROKEN IN THE MIDDLE AND MUST BE CONTINUOUS.

D. VENDOR MUST SCHEDULE/COORDINATE WITH POC'S LISTED ON THIS ORDER 72 HOURS

IN ADVANCE PRIOR TO SITE SURVEYS OR INSTALLATIONS.

E. CIRCUIT MUST BE TAGGED WITH LOCAL CIRCUIT ID AND LONG HAUL CIRCUIT NO. AT

LINE SIDE OF DISA PROVIDED FIBER TERMINATING PATCH PANEL BLDG 10690, ROOM

158 AND AT DROP SIDE OF VENDOR'S FIBER DISTRIBUTION PANEL INSTALLED IN THEIR

COMMERCIAL SUITE. ADDITIONALLY, VENDOR MUST SHOW SITE PERSONNEL LISTED ON

THIS ORDER THE EXACT TERMINATION POINT

WHEN INSTALLATION IS COMPLETE.

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: INSIDE WIRE INSTL/MAINT:

CPIWI-YES/CPIWM-YES

7. CONTACT: PRI: GREG COUTANT, D772-8300, C315-772-8300

EMAIL: GREGORY.S.COUTANT.CIV@MAIL.MIL

ALT: MARK SOUVA, D774-7000, C315-774-7000

EMAIL: MARK.A.SOUVA2.CIV@ARMY.MIL

ORG EMAIL: USARMY.DRUM.93-SIG-BDE.MBX.NEC@MAIL.MIL

ALT: JOHN BARTOW, C315-774-6000

EMAIL: JOHN.P.BARTOW2.CIV@ARMY.MIL

I. TERMINATION EQUIPMENT A: EQUIPMENT INFORMATION: COMMERCIAL FIBER POINT OF

PRESENCE

J. LOCATION OF TERMINATION B:

1. ADDRESS: 11 SOUTH TOWER (PEARKES BLDG); 101COLONEL BY DRIVEOTTAWA, CA ON

K1-A OK

2. ROOM: 70 (11ST); 11 FL

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: INTERFACE: SC; OC-3C, LINECODING: OPTIC, FRAME FORMAT:SONET;

3. DEMARK: (BLDG) 11 SOUTH TOWER (PEARKES BLDG); (RM) 70 (11ST);

(FL) 11TH; 101 COLONEL BY DRIVE, OTTAWA, CA ON K1-A OK

(PMRY POC) MR. DARRYL G MOORE; (CMCL) 1-613-945-5199;

(DSN) 319-945-5199

4. NPA/NXX:613/992

5. UNIQUE INSTALLATION FACTORS: A. VENDOR IS RESPONSIBLE FOR INSTALLATION

AND MAINTENANCE OF SINGLE MODE FIBER FROM DROP SIDE OF COMMERCIAL FIBER

POINT OF PRESENCE FIBER DISTRIBUTION PANEL PEARKES BLDG, ROOM 70 (11ST)

TO LINE SIDE OF DISA IE1 PROVIDED FIBER TERMINATING PATCH PANEL INSTALLED IN

JUNIPER ROUTER SUITE (UAEWOTT010) PEARKES BLDG, ROOM 70 (11ST). COORDINATE

TYPE CONNECTORS FOR TERMINATION TO DISA PROVIDED PATCH PANEL.

B. VENDOR MUST COORDINATE WITH GOVERNMENT SITE PERSONNEL TO CONDUCT WALK

THROUGH SITE SURVEY FOR EXACT CABLE FT. FROM DISA PROVIDED FIBER TERMINATING

PATCH PANEL INSTALLED IN JUNIPER ROUTER SUITE PEARKES BLDG, ROOM 70 (11ST) TO

COMMERCIAL FIBER POINT OF PRESENCE PEARKES BLDG, ROOM 70 (11ST).

C. VENDOR MUST PROVIDE FIBER STRANDS FROM DISA PROVIDED FIBER PATCH PANEL

INSTALLED IN JUNIPER ROUTER SUITE TO THE COMMERCIAL DEMARC LOCATION WITHOUT

SPLICING AND OR USE OF CONNECTORS TO CONNECT 2 OR MORE FIBER STRANDS

MEANING THE FIBER CANNOT BE BROKEN IN THE MIDDLE AND MUST BE CONTINUOUS.

D. VENDOR MUST SCHEDULE/COORDINATE WITH POC'S LISTED ON THIS ORDER 72 HOURS

IN ADVANCE PRIOR TO SITE SURVEYS OR INSTALLATIONS.

E. CIRCUIT MUST BE TAGGED WITH LOCAL CIRCUIT ID AND LONG HAUL CIRCUIT NO. AT

LINE SIDE OF DISA PROVIDED FIBER TERMINATING PATCH PANEL PEARKES BLDG, ROOM

70 (11ST) AND AT DROP SIDE OF VENDOR'S FIBER DISTRIBUTION PANEL INSTALLED IN

THEIR COMMERCIAL SUITE. ADDITIONALLY, VENDOR MUST SHOW SITE PERSONNEL

LISTED ON THIS ORDER THE EXACT TERMINATION POINT WHEN INSTALLATION IS

COMPLETE.

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: INSIDE WIRE INSTL/MAINT:

CPIWI-YES/CPIWM-YES

7. CONTACT: (PMRY POC) MR. DARRYL G MOORE; (CMCL) 1-613-945-5199;

(DSN) 319-945-5199

(UNCLASS ORG) DARRYL.MOORE@FORCES.GC.CA

(ALT POC) MR. MATTHEW MARCHAND; (CMCL) 1-613-944-6644;

(DSN) 319-944-6644

(UNCLASS ORG) MATTHEW.MARCHAND2@FORCES.GC.CA

(PMRY TECH POC) MR. ROGER L COUSINS; (CMCL)

1-613-991-5570; (DSN) 319-991-5570

(UNCLASS ORG) ROGER.COUSINS@SSC-SPC.GC.CA

L. TERMINATION EQUIPMENT B: EQUIPMENT INFORMATION: COMMERCIAL FIBER POINT OF

PRESENCE

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: RU16MAR227777A

4. CCSD: DBH3Q6C0

5. DIVERSITY REQUIREMENTS:

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: Industry Standard

10. TESTING REQUIREMENTS: THE FOLLOWING TESTING PARAMETERS SHALL

BE MEASURED DURING TEST AND ACCEPTANCE TESTING. ERROR PERFORMANCE

(AVAILABILITY, SES, DM, EFS) AND LOSS OF BIT COUNT INTEGRITY SHALL BE MEASURED

AND RECORDED OVER THE DURATION OF THE CONTIGUOUS 72 HOUR TESTING INTERVAL

AND SHALL BE MEASURED AND RECORDED PER DEFINITION IN ITURECOMMENDATION

G.826 AND M.2100.ERROR PERFORMANCE: ERROR PERFORMANCE SHALL BE BETTER

THAN THE FOLLOWING PARAMETER THRESHOLDS TO BE ACCEPTABLE: AVAILABILITY

SHALL BE GREATER THAN 99.98%.SEVERELY ERRORED SECONDS (SES) SHALL BE

LESS THAN 0.02%. DEGRADED MINUTES (DM) SHALL BE LESS THAN 0.2%. ERROR FREE

SECONDS (EFS) SHALL BE GREATER THAN 99%.LOSS OF BIT COUNT INTEGRITY (LBCI):

LOSS OF BIT COUNT INTEGRITY SHALL BE MONITORED ONLY BY THE FOLLOWING

METHOD: USING TEST EQUIPMENT WHICH CAN DETECT AND MEASURE THE OCCURRENCE

OF THE INSERTION OR DELETION OF ONE OR MORE BITS INTO THE DIGITALBIT STREAM,

ON MANY MANUFACTURERS BERT TEST EQUIPMENT THIS IS MONITORED USING THE

"PATTERN SLIP" PARAMETER WHERE EVERY OCCURRENCE OF A PATTERN SLIP "EVENT"

MARKS THE OCCURRENCE OF A LBCI (RATHER THAN THE RAW TOTAL NUMBER OF

PATTERN SLIPS ACCUMULATED OVER A TESTING INTERVAL). MEAN TIME TO LOSS OF

BIT COUNT INTEGRITY (MTTLBCI) SHALL BE GREATER THAN 24 HOURS.ROUND TRIP

DELAY (RTD): THE ROUND TRIP DELAY (RTD) FOR THIS DISA IP BACKBONE CIRCUIT WILL

BE MEASURED IN MILLISECONDS FROM THE CUSTOMERS SERVICE DELIVERY POINT

(SDP) SITE-A TO THE CUSTOMERS SERVICE DELIVERY POINT (SDP) SITE-Z. THE RTD

SHALL BE LESS THAN OR EQUAL TO 10 MILLISECONDS TO EFFECTIVELY SUPPORT THE

GOVERNMENT'S MISSION.

11. GOVERNMENT ACCEPTANCE ACTIVITY: DISA GOC IP B/D312-418-8627,C618-418-8627

12. SECURITY/ REQUIREMENTS: ESCORT REQUIRED

13. SITE ACCESS REQUIREMENTS: VENDOR MUST CONTACT SITE AT LEAST 72 HOURS IN

ADVANCE FOR ACCESS

14. DITCO STANDARD PROVISIONS: Incorporated in full text below

V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 6/06/2022 4:00 PM America/Chicago

Z. DITCO CONTACT:

John Beckman

618-418-6082 john.e.beckman.civ@mail.mil

Dale L. Rupright

DITCO Contracting Officer

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

Section G - Contract Administration Data

Included Clauses

G1 - Points of Contact - OCT 2021

Communications with the Contractor will be conducted with the identified Point(s) of Contact (POC). Should a change in POC be required, the Contractor shall initiate this request through notification to the Contracting Officer.

Contracting Officer

Name: Dale Rupright

Organization/Office Symbol: Phone No.: 618-418-6614

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

Contract Specialist

Name: John Beckman

Organization/Office Symbol: Phone No.: 618-418-6082

E-Mail Address: john.e.beckman.civ@mail.mil

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

Name: Commercial Activations

Organization/Office Symbol: Phone No.: 614-692-0820

E-Mail Address: disa.dscc.ie.mbx.dcp-commercial-activation@mail.mil

Contractor Point of Contact

Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax 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)

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)

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.

52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law - FEB 2016

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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 - 03 - TARIFF INFORMATION - AUG 2015

A. The prices agreed upon at time of award shall be the prices the Contractor/Telecommunications Provider (TP) shall have filed or may file in applicable tariffs with appropriate regulatory authority.

B. The Contractor/TP shall indicate whether service will be provided under a filed tariff or a tariff to be filed with the Federal

Communications Commission (FCC) or Public Utilities Commission (PUC) as applicable.

(1) If the prices contained in the Contractor/TP’s quote are under existing tariffs, these prices shall be footnoted to indicate the applicable tariff, section, paragraphs(s) and page number(s) with their revision number.

(2) If the prices contained in the Contractor/TP’s quote are not filed tariffs, state whether they are to be added to

Contractor/TP's existing tariffs (provide tariff number).

(3) If the prices are to be filed as a special tariff, a copy of the proposed special tariff shall be provided to DITCO electronically along with the quote or, in the event that it cannot be provided, the proposed special tariff page(s) shall be sent separately to the

DITCO Contract Specialist or Contracting Officer. Absence of the special tariff page(s) with the quote shall not be considered as non-responsive; however, page(s) should be received within five days after receipt of the quote.

C. Any tariff that contains a provision with a minimum service period will not be allowed. Quotes containing tariffs with such a minimum service period must have that period portion of the tariff waved in order to be considered for evaluation.

D. Any quote which contains a rate reduction from the existing approved rate must include a statement as to which rate will apply (i.e., for billing purposes) effective on the date of service. No further documentation is required if the reduced rate will be filed in a tariff beginning on the service date. If, however, the reduced rate cannot be billed until after regulatory authority approval, the quote should state 1) by what date the company would expect to obtain approval (and commensurate billing begin) and 2) what assurance can be provided to suggest the validity of that projected bill.

E. Should an Order be issued based on a quote containing a proposed rate reduction from the existing tariff (domestic or foreign) and that proposed rate reduction is later disapproved, resulting in that quote no longer being low, the government has the right to cancel/terminate the Order at no costs to the Government.

F. In advance of any tariff change applicable to this contract, the Contractor shall provide electronic notification, with the tariff transmittal and accompanying pages, to the DITCO Tariff Team at disa.scott.ditco.mbx.tariffs@mail.mil, subject line: Tariff

Transmittal for Continental United States (CONUS) requirements or to the DITCO Contracting Office at disa.stuttgart.ditco.mbx.pl511@mail.mil,subject line: Tariff Transmittal for OCONUS requirements.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: “UNDERSTAND/WILL COMPLY” and provide requested tariff documents with the quote including the name of the foreign telecommunications provider with whom contractor has an operating agreement, if applicable.

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 - 13 - END-TO-END SERVICE - AUG 2015

This telecommunications service shall be provided on an end-to-end basis, to include all facilities required to extend this service from Contractor provided commercial communications interface point to termination location (i.e., inside wire, etc.). Installation, provision, and maintenance of such service extensions shall be provided as firm fixed prices, and be included in Contractor’s quote as non-recurring charge (NRC) and/or monthly recurring charge (MRC), as applicable. Such service extension charges will be considered in the evaluation of quotes. Quotes containing other than firm fixed price charges for installation, provision, and maintenance of service extensions may be excluded from consideration for award. The U.S. Government shall not be obligated to pay charges which are not specified in the quote and authorized in resultant Order. Contractor receiving this contract shall have total responsibility for end-to-end technical sufficiency (i.e., end-to-end provisioning and restoral/maintenance) for entire telecommunication service.

ACCEPTABLE CONTRACTOR RESPONSE: The acceptable Contractor response to Standard Provision – Thirteen is

“UNDERSTAND,” and provide separately itemized service extension NRC and/or MRC in quote.

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…