HC101322QA344.v0.pdf

IQO INQUIRY

FM: PL8212

TO: Contractors

DATE (MM/DD/YYYY): 5/10/2022

SUBJECT: HC101322QA344

A. TYPE ACTION: START

1. PURPOSE: SUBMIT A QUOTE TO:

1. PROVIDE, INSTALL AND MAINTAIN A CIRCUIT WITH A MINIMUM OF 800MBPS UP AND

1GBPS DOWNLOAD SPEEDS.

2. THE GOVERNMENT IS REQUESTING THE VENDOR (TECHNICIAN) TO INSTALL A NEW LINE

(JACK) FROM THE NETWORK INTERFACE DEVICE (NID) TO THE USER LOCATION. THIS WILL

ASSURE THAT THIS NEW SERVICE WILL NOT AFFECT ANY CURRENT SERVICES AT THE

LOCATION.

3. TSP IS ALSO BEING RENEWED FOR THIS CIRCUIT.

4. DHCP IS BEING REQUESTED FOR THIS SERVICE.

5. IF A TECH IS TO BE DISPATCHED THEY MUST GIVE NOTICE 2 WEEKS PRIOR TO

INSTALLATION, ACCESS WILL NOT BE GRANTED WITHOUT THE 2 WEEK PRIOR APPROVAL,

TECHS WILL BE TURNED AWAY WITHOUT THE APPROVAL. CONTACT INFORMATION WILL BE

PROVIDED AT TIME OF AWARD.

*****REMARKS*****

1. SERVICE AVAILABILITY BEST EFFORT, WITH A GOAL OF 30 MINUTE RESPONSE; 2 HOUR

RESTORAL; UPDATES PROVIDED EVERY 60 MINUTES UNTIL CIRCUIT IS FULLY TESTED AND

OPERATIONAL. VENDOR MUST HAVE 24 HOUR MONITORING FACILITIES AND EQUIPMENT

TO TROUBLESHOOT PATH AND ASSOCIATED EQUIPMENT AFTER INSTALLATION.

A. COMPLETE OUTAGE: INTERFACE OR PROTOCOL NON-OPERATIONAL RESPONSE TIME

FROM INITIAL REPORT OR DETECTION OF CIRCUIT DOWN WILL HAVE A GOAL OF 30

MINUTES AND THE MEAN RESTORE TIME TO REPAIR (MTTR) GOAL MUST BE 120 MINUTES.

B. IMPAIRMENT: IMPAIRED THROUGHPUT OR IMPAIRED CIRCUIT OPERTION (EG. LATENCY

ISSUES, INTERMITTENTLY FLAPPING/BOUNCING, INTERMITTENT ISSUES) RESPONSE TIME

FROM INITIAL REPORT OR DETECTION OF CIRCUIT IMPAIRMENT WILL HAVE A GOAL OF 30

MINUTES AND THE MEAN RESTORE TIME TO REPAIR (MTTR) GOAL MUST BE 240 MINUTES.

2. CIRCUIT MUST AVOID SATELLITE LINKS.

3. VENDOR MUST CALL DISA NOSC AT LEAST 72 HRS PRIOR TO MAINTENANCE.

4. CUSTOMER WILL ACCEPT EARLIEST POSSIBLE INSTALL DATE. INSTALL SOONER IF

POSSIBLE (SIP).

5. JURISDICTIONAL CLASS: INTERSTATE USE, 100 PERCENT

6. TECHNICAL ACCEPTABILITY EVALUATION CRITERIA: A QUOTE MUST COMPLY WITH

ALL STANDARD PROVISIONS, PROVISIONS, CLAUSES, AND ADDRESS SECTIONS F-M OF

HC101322QA344

THE SOLICITATION TO BE DEEMED TECHNICALLY ACCEPTABLE. ALL PORTIONS OF THE

SOLICITATION SHOULD BE CAREFULLY REVIEWED FOR ALL MANDATED REQUIREMENTS

OUTLINED WITHIN THE STANDARD PROVISIONS AND DOCUMENTATION REQUESTED AS

FOUND IN SECTION M AND AFFILIATED ATTACHMENTS. QUOTATIONS MUST INCLUDE

ALL REQUIRED DOCUMENTS AND RESPONSES INDICATED FROM THESE STANDARD

PROVISIONS, PROVISIONS, CLAUSES, SECTION M, AND AFFILIATED ATTACHMENTS

TO BE CONSIDERED TECHNICALLY ACCEPTABLE AND/OR ELIGIBLE FOR AWARD. IN

RESPONSE TO THIS IQO SOLICITATION, NO TERMS, CONDITIONS, OR ASSUMPTIONS WILL

BE ENTERTAINED. IF TERMS, CONDITIONS, AND/OR ASSUMPTIONS ARE INCLUDED IN

A QUOTATION, THE QUOTATION MAY BE EXCLUDED ON GROUNDS THAT IT FAILED TO

COMPLY WITH THE IQO SOLICITATION INSTRUCTIONS.

7. EVALUATION CRITERIA: IN ADDITION TO THE PROCEDURES OUTLINED IN STANDARD

PROVISION 23, TECHNICAL EVALUATION TEAM MEMBERS WILL INCLUDE GOVERNMENT

PERSONNEL AND MAY INCLUDE GOVERNMENT'S CONTRACTED ADVISORS. GOVERNMENT

PERSONNEL WILL MAKE THE FINAL DETERMINATION OF TECHNICAL ACCEPTABILITY.

8. IF THERE ARE QUESTIONS REGARDING SITE SURVEYS OR SITE INFORMATION PLEASE

CONTACT THE CONTRACT SPECIALIST LISTED ON THIS SOLICITATION PRIOR TO THE

QUOTE DUE DATE.

***NOTE: THE CONTRACTOR MUST PROVIDE TSR, CCSD OR CSA IN ALL CORRESPONDENCE

INCLUDING WHEN DELIVERING CIRCUIT TO SITE POC*** 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: TSP0LL9TH-01

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 7/6/2022

F. TYPE OF CIRCUIT:

1. BANDWIDTH/DATA RATE: 1 Gigabit

2. SIGNALING MODE: Dual Tone Multifrequency

G. LOCATION OF TERMINATION A:

1. ADDRESS: See Attached Locations

2. ROOM: See Attached Locations

H. LOCAL PART A:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: See Attached Locations

2. INTERFACE: See Attached Locations

3. DEMARK: See Attached Locations

4. NPA/NXX: See Attached Locations

5. UNIQUE INSTALLATION FACTORS: See Attached Locations

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: See Attached Locations

7. CONTACT: See Attached Locations

I. TERMINATION EQUIPMENT A: See Attached Locations

J. LOCATION OF TERMINATION B:

1. ADDRESS: See Attached Locations

2. ROOM: See Attached Locations

K. LOCAL PART B:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: See Attached Locations

2. INTERFACE: See Attached Locations

3. DEMARK: See Attached Locations

4. NPA/NXX:See Attached Locations

5. UNIQUE INSTALLATION FACTORS: See Attached Locations

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: See Attached Locations

7. CONTACT: See Attached Locations

L. TERMINATION EQUIPMENT B: See Attached Locations

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: DO14APR220318

4. CCSD: WVPVZ3E1

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:

10. TESTING REQUIREMENTS:

11. GOVERNMENT ACCEPTANCE ACTIVITY: DISA-NOSC/

12. SECURITY/ REQUIREMENTS:

13. SITE ACCESS REQUIREMENTS:

14. DITCO STANDARD PROVISIONS: Incorporated in full text below

V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 6/10/2022 4:00 PM America/Chicago

Z. DITCO CONTACT:

Shawn Arentsen

618-418-6230 shawn.m.arentsen.civ@mail.mil

Emily A. Stanowski

DITCO Contracting Officer

618-418-6665 emily.a.stanowski.civ@mail.mil

Attachment A - Locations

LOCATION OF TERMINATION A:

ADDRESS: 1105 BARLEY MILL RD

WILMINGTON, DE 19807

ROOM: OFFICE

TERMINATION EQUIPMENT: GFE

FACILITY CODE: 1IP

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

INTERFACE: GFE

DEMARK:

NPA/NXX: 302/227

UNIQUE INSTALLATION FACTORS:

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

CONTACT: CONTACT INFORMATION WILL BE PROVIDED AT TIME OF AWARD

LOCATION OF TERMINATION B:

ADDRESS: 1105 BARLEY MILL RD

WILMINGTON, DE 19807

ROOM: DEMARC BASEMENT

TERMINATION EQUIPMENT: OPTICAL (EXISTING INFRUSTRUCTURE)

FACILITY CODE: 1CC

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

INTERFACE: OPTICAL (EXISTING INFRUSTRUCTURE)

DEMARK:

NPA/NXX: 302/227

UNIQUE INSTALLATION FACTORS:

INSIDE WIRE INSTALLATION / MAINTENANCE REQUIRED: CPIWI-YES/CPIWM-YES

CONTACT: CONTACT INFORMATION WILL BE PROVIDED AT TIME OF AWARD

LOCATION OF TERMINATION C:

ADDRESS: UNKNOWN

ROOM: UNKNOWN

TERMINATION EQUIPMENT: UNKNOWN

FACILITY CODE: 1CF

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

INTERFACE:

DEMARK:

NPA/NXX:

UNIQUE INSTALLATION FACTORS:

INSIDE WIRE INSTALLATION / MAINTENANCE REQUIRED:

CONTACT: UNKNOWN

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)

252.239-7098 - Prohibition on Contracting to Maintain or Establish a Computer Network

Unless Such Network is Designed to Block Access to Certain Websites—Representation

(Deviation 2021-O0003) - APR 2021

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other

Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does not limit the use of funds necessary for any

Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or establish a computer network unless such network is designed to block access to pornography websites.

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.

Addendum – 01 - Controlling Information - APRIL 2022 Notwithstanding any verbiage in the Terms or any related documentation, DISA's Field Element are not prohibited from meeting their disclosure and records obligations under federal law, regulations, and policy, including the transfer of records to the

National Archives and Records Administration (NARA). The contractor acknowledges that the Government is subject to disclosure requirements such as the Freedom of Information Act and FAR 3.104-4. It is the responsibility of the contractor to be cognizant of the laws and appropriately mark materials.

All information provided by, or reflecting the activities of, DISA's Field Element will be considered confidential regardless of marking or lack thereof. The contractor agrees, in the performance of this order, contract, or agreement to keep the information contained in the source documents, or otherwise furnished by or reflecting the activities of the Government, in the strictest confidence, said information being the sole property of DISA's Field Element. The contractor also agrees not to publish, reproduce, or otherwise divulge such information, in whole or in part, in any manner or form, nor authorize or permit others to do so, taking reasonable measures to restrict access to the information while in its possession to those employees who must have the information to perform work on the order, contract, or agreement (i.e., a "need-to-know" basis). The contractor agrees to immediately notify DISA's Field Element in writing in the event the contractor determines, or has reason to suspect, a breach of confidentiality. DISA's Field Element retain full legal control over any DISA's Field Element information and records submitted by it to the contractor, or reflecting the activities of DISA's Field Element. DISA's Field Element may, to the extent permitted by law, modify such information or request that it be withdrawn from the contractor's files and systems. Such information, to the extent permitted by law, shall not become part of contractor records.

If the contractor receives a request for DISA's Field Element information, or a request to which DISA's Field Element information would be responsive, the contractor shall not provide DISA's Field Element information in response to the request and shall instead refer the request in writing to DISA's Field Element. If the requests concerns DISA's Field Element's Mission Partner information, DISA's Field Element will inform DISA's Field Element's Mission Partner, which will address the request in accordance with applicable law. Requests included within this paragraph include, but are not limited to, Freedom of Information

Act (FOIA) requests, Congressional requests and litigation-related requests.

All information regarding the procedures developed under this order, contract, or agreement must be regarded as sensitive information by the contractor and not to be disclosed to anyone outside the contractor's organization without the written permission of DISA's Field Element. Under no circumstances shall the contractor transfer or store DISA's Field Element or

DISA's Field Element's Mission Partner or DISA's Field Element or DISA's Field Element's Mission Partner Affiliated information or data outside of the United States.

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 - 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.