HC101322QA359.v1.pdf

IQO INQUIRY

FM: PL8211

TO: Contractors

DATE (MM/DD/YYYY): 5/17/2022

SUBJECT: HC101322QA359

A. TYPE ACTION: REAWARD

1. PURPOSE: SUBMIT A QUOTE TO PROVIDE, INSTALL, AND MAINTAIN A 2.5GB WAVE

SERVICE BETWEEN (BLDG) 1360; (RM) 10; 5TH & RANKIN STREETS; ALBANY, GA 31704, AND

BLDG 214, FRAME ROOM, 1ST FLOOR, 150 RICHARD RAY BLVD, ROBINS AFB, GA 31098-1607

***SEE UNIQUE INSTALLATION FACTORS***

2. EACH CONTRACTOR IS RESPONSIBLE FOR READING AND COMPLYING WITH ALL

TECHNICAL ASPECTS OF THIS SOLICITATION, TO INCLUDE READING AND AGREEING

WITH THE STANDARD PROVISIONS, ATTACHMENTS LISTING SPECIFIC TECHNICAL

REQUIREMENTS, PRICE QUOTE REQUIREMENTS, AND REQUESTED SERVICE DATE.

FAILURE TO READ AND ADHERE TO ANY PORTION OF THE INQUIRY SHALL RENDER

THE QUOTE NON-COMPLIANT AND RESULT IN IT BEING EXCLUDED FROM EVALUATION AND

AWARD.

3. THE SERVICE DATE TO BE MET IS: 09/19/2022 (SIP). THE GOVERNMENT ASSUMES

THAT CONTRACTORS HAVE CONSIDERED ALL ISSUES THAT MAY IMPACT THE SERVICE

DATE. THE GOVERNMENT MAY CANCEL, TERMINATE, OR REQUEST CONSIDERATION

IAW STANDARD PROVISION 42 FOR FAILURE TO MEET CONTRACTUAL SERVICE DATE OR

COMPLY WITH ANY CONTRACT TERMS OR CONDITIONS.

4. CONTRACTORS SHALL SUBMIT QUOTES IAW STANDARD PROVISION 04. QUOTES SHALL

INCLUDE SUFFICIENT DETAIL FOR EFFECTIVE EVALUATION AND SHOULD NOT SIMPLY

REPHRASE OR RESTATE THE GOVERNMENT REQUIREMENTS. QUOTES MUST PROVIDE

CONVINCING RATIONALE TO ADDRESS HOW THE CONTRACTOR INTENDS TO MEET THE

REQUIREMENT. IN RESPONSE TO THIS SOLICITATION, NO TERMS OR CONDITIONS PLACED

UPON THE GOVERNMENT, NOR ASSUMPTIONS WILL BE ACCEPTED. CONTRACTORS

ARE ENCOURAGED TO SUBMIT QUESTIONS AND REQUEST CLARIFICATIONS OF THE

REQUIREMENT(S) BEFORE SUBMITTING QUOTES. QUESTIONS SHALL BE SUBMITTED TO

CONTRACT SPECIALIST AND CONTRACTING OFFICER DURING THE SOLICITATION PHASE

ONLY, AND RESPONSES FOR ALL INTERESTED PARTIES WILL BE POSTED TO FEDBIZOPPS.

5. THIS REQUIREMENT MUST BE WORKED IN CONJUNCTION WITH SG11APR227342/

HC101322QA360 AND MUST BE ENGINEERED AND PROVISIONED TOTALLY DIVERSE

END TO END FROM THE GOVERNMENT SERVICE DELIVERY POINTS (SDP) FROM TSR

SG11APR227342/HC101322QA360; MEANING THE PHYSICAL PATHS ARE TOTALLY

SEPARATE INCLUDING MAN HOLES, CONDUIT, CENTRAL OFFICE LOCATIONS, AND FIBER

BUILDS. ADDITIONALLY AS A MINIMUM MUST HAVE 50 METERS PHYSICAL SEPARATION

FROM TSR SG11APR227342/HC101322QA360.

HC101322QA359

6. CONTRACTOR SHALL PROVIDE COLOR POWERPOINT DRAWINGS SHOWING THE ROUTES

FROM THE COMMERCIAL DEMARKS TO THE SUPPORTING CENTRAL OFFICES AND/OR

WIRING CENTERS, ENSURING THE PHYSICAL END TO END DIVERSITY REQUIREMENTS ARE

BEING MET. DRAWINGS MUST INCLUDE SEPARATION DISTANCES, TOTAL FIBER MILES

AND ROUND TRIP DELAY BASED ON ACTUAL DISTANCE IN MILES. REFER TO STANDARD

PROVISION 39 FOR SPECIFIC DOCUMENTATION REQUIREMENTS. SAMPLE DRAWINGS ARE

INCLUDED IN THE ATTACHMENTS.

7. PRE AWARD SITE SURVEYS ARE AUTHORIZED (AT CONTRACTOR EXPENSE) WITH LOCAL

POCS AT EACH GOVERNMENT SITE. IT IS HIGHLY RECOMMENDED THAT, AT A MINIMUM,

CONTRACTORS CONDUCT PHONE SURVEYS TO ADEQUATELY ASSESS THE MAGNITUDE

OF THE WORK TO BE PERFORMED IN DETERMINING THEIR PRICE STRATEGY. FOR RE-

AWARDS INCLUDE THE FOLLLOWING PARAGRAPH IN ALL SOLICITATIONS:

8. THIS IS A REAWARD OF A CURRENT SERVICE, (CSA#CTLL 000143EBM). IF THE

INCUMBENT QUOTE IS EVALUATED AS THE LOWEST PRICE TECHNICABLE ACCEPTABLE,

THE CURRENT CSA WILL BE ADMINSTRATIVELY DISCONTINUED WITHIN 30 DAYS OF

INCUMBENT CONTRACTOR RECEIVING AWARD AND A NEW CSA WILL BE ASSIGNED.

INCUMBENT CONTRACTORS SHALL SUBMIT NOTICE OF COMPLETION (NOC) WITHIN 30

DAYS.

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: TSP0EWKM6-01

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 9/19/2022

F. TYPE OF CIRCUIT:

1. BANDWIDTH/DATA RATE: 2.5 Gigabit

2. SIGNALING MODE: Unknown

G. LOCATION OF TERMINATION A:

1. ADDRESS: BLDG 1360, LOGCOM SERVER ROOM, 5TH & RANKIN STREETS, ALBANY, GA

37024

2. ROOM: 10

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: SC SINGLE-MODE, 1310NM, TELCO

3. DEMARK: (BLDG) 1360; (RM) 10; 5TH & RANKIN STREETS; ALBANY, GA 31704 PRI:

JOSHUA SEGER, D567-6622, C229-639-6622 EMAIL: JOSHUA.SEGER@USMC.MIL

4. NPA/NXX: 229/639

5. UNIQUE INSTALLATION FACTORS: A. MCLB PERSONNEL ARE RESPONSIBLE FOR

INSTALLATION AND MAINTENANCE OF 2.5GB WAVE SERVICE FROM THE LINE SIDE OF THE

SITE PROVIDED FIBER TERMINATING PATCH PANEL BLDG 3500, SWITCH ROOM, TO THE

LINE SIDE OF THE SITE PROVIDED FIBER TERMINATING PATCH PANEL BLDG 1360, ROOM10,

USING EXISTING ON-BASE SINGLE-MODE FIBER.

B. VENDOR IS RESPONSIBLE FOR INSTALLATION AND MAINTENANCE OF 2.5GB WAVE

SERVICE FROM THE LINE SIDE OF THE SITE PROVIDED FIBER TERMINATING PATCH

PANEL BLDG 1360, ROOM 10, TO THE DROP SIDE OF THE COMMERCIAL FIBER POINT OF

PRESENCE [FIBER DISTRIBUTION PANEL (FDP)] BLDG 1360, ROOM 10, USING SINGLE MODE

FIBER. COORDINATE WITH SITE FOR TYPE CONNECTORS TO SITE PROVIDED FIBER PATCH

PANEL.

C. THE LENGTH OF SINGLE MODE FIBER JUMPERS REQUIRED WILL BE BASED ON THE

LOCATION OF THEIR POINT OF PRESENCE.

D. THE CIRCUIT MUST BE TAGGED WITH THE VENDORS CIRCUIT ID AS APPLICABLE AT

THE DROP SIDE OF THEIR POINT OF PRESENCE (FIBER DISTRIBUTION PANEL) BLDG 1360,

ROOM 10. ADDITIONALLY, VENDOR MUST SHOW SITE PERSONNEL LISTED ON THIS ORDER

THE EXACT TERMINATION POINT WHEN SERVICE IS COMPLETE.

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

7. CONTACT: PRI: JOSHUA SEGER, D567-6622, C229-639-6622 EMAIL:

JOSHUA.SEGER@USMC.MIL ALT: KEITH BROTHERSON, D567-8885, C229-639-8885 EMAIL:

KEITH.S.BROTHERSON@USMC.MIL ORG EMAIL: SMBMCLBATELEPHONE@USMC.MIL

I. TERMINATION EQUIPMENT A: FIBER TERMINATING PATCH PANEL (SITE PROVIDED)

COMMERCIAL FIBER POINT OF PRESENCE

J. LOCATION OF TERMINATION B:

1. ADDRESS: 214; 150 RICHARD RAY BLVD; ROBINS AFB, GA, 31098

2. ROOM: FRAME

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: SC SINGLE-MODE, 1310NM, TELCO

3. DEMARK: BLDG 214, FRAME ROOM, 1ST FLOOR, 150 RICHARD RAY BLVD, ROBINS

AFB, GA 31098-1607 PRI: ANDREW WEHUNT, D472-9686, C478-222-9686 EMAIL:

ANDREW.WEHUNT.1@US.AF.MIL

4. NPA/NXX:478/926

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

AND MAINTENANCE COMMERCIAL FIBER POINT OF PRESENCE [FIBER DISTRIBUTION

PANEL (FDP)] BLDG 214, FRAME ROOM TO THE LINE SIDE OF THE SITE PROVIDED FIBER

TERMINATING PATCH PANEL BLDG 214, FRAME ROOM, USING SINGLE MODE FIBER.

COORDINATE TYPE CONNECTORS TO SITE PROVIDED FIBER TERMINATING PATCH PANEL.

B. THE LENGTH OF SINGLE MODE FIBER JUMPERS REQUIRED WILL BE BASED ON THE

LOCATION OF THEIR POINT OF PRESENCE.

C. THE CIRCUIT MUST BE TAGGED WITH VENDOR'S CIRCUIT ID AS APPLICABLE AT THE

DROP SIDE OF THEIR POINT OF PRESENCE (FIBER DISTRIBUTION PANEL) BLDG 214, FRAME

ROOM. ADDITIONALLY, VENDOR MUST SHOW SITE PERSONNEL LISTED ON THIS ORDER

THE EXACT TERMINATION POINT WHEN SERVICE IS COMPLETE.

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

7. CONTACT: PRI: ANDREW WEHUNT, D472-9686, C478-222-9686 EMAIL:

ANDREW.WEHUNT.1@US.AF.MIL PRI: DENNIS MARSHALL, D472-2071, C478-222-2071 EMAIL:

DENNIS.MARSHALL.3@US.AF.MIL ALT: EDWARD EDWARDS, D472-2052, C478-222-2052

EMAIL: EDWARD.EDWARDS.3@US.AF.MIL ALT: JIMMY GODFREY, D468-8047, C478-926-8047

EMAIL: JIMMY.GODFREY@US.AF.MIL ORG EMAIL: 78ABW.SCON.DISANSC@US.AF.MIL

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

TERMINATING PATCH PANEL (SITE PROVIDED)

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: SG08APR227335

4. CCSD: DIYU60DK

5. DIVERSITY REQUIREMENTS: DIYU6EK2

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: 1. TEST AND ACCEPTANCE: FIBER OPTIC 10GB WAVE

CIRCUITS SHALL PASS A FULLY DOCUMENTED SATISFACTORY SOAK TEST BY THE CONUS

GNOSC AT SCOTT AFB, IL. PRIMARY: (C) 618-418-8691.2. THE WAVELENGTH TRANSMISSION

SERVICE PROVIDED SHALL MEET THE FOLLOWING PERFORMANCE REQUIREMENTS ON

A MONTHLY BASIS. PERFORMANCE REQUIREMENT/PERFORMANCE SPECIFICATION:A.

NON-DIVERSE/NON-PROTECTED AVAILABILITY: GREATER THAN OR EQUAL TO 99.5%

OR BETTER.B. MONTHLY SHORT INTERRUPTION EVENT COUNT (SEIC): LESS THAN OR

EQUAL TO 9%.C. ERRORED SECONDS (ES): LESS THAN OR EQUAL TO 0.005%.D. SEVERELY

ERRORED SECONDS (SES): LESS THAN OR EQUAL TO 0.00035.E. BACKGROUND BLOCK

ERROR RATIO (BBER): LESS THAN OR EQUAL TO 5 X 10-6.F. BIT COUNT INTEGRITY

(BCI)/PATTERN SLIP (PAT SLIP): LESS THAN OR EQUAL TO 1 PER 72 HOURS.G. JITTER

SEE NOTE 1 (JITTER).H. BER: LESS THAN OR EQUAL TO 1X10-12.I. DELAY (ONE WAY): *

LESSER OF 10 MSEC OR (0.01 X D MSEC) * WHERE "D" IS THE SDP TO SDP TRANSMISSION

DISTANCE, MEASURED SHORTEST GREAT CIRCLE, IN KILOMETERS.3. ROUND TRIP

DELAY (RTD) FOR THIS DISA TRANSPORT TRUNK WILL BE MEASURED IN MILLISECONDS

FROM THE CUSTOMER'S SERVICE DELIVERY POINT (SDP) SITE-A TO THE CUSTOMER'S

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 GLOBAL/DSN 418-9066; CMCL

618-418-9066

12. SECURITY/ REQUIREMENTS: ESCORT REQUIRED

13. SITE ACCESS REQUIREMENTS: VENDOR MUST NOTIFY SITE POC AT LEAST 72 HOURS

TO GAIN ACCESS

14. DITCO STANDARD PROVISIONS: Incorporated in full text below

V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 6/16/2022 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 - MAY 2022

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.

52.229-11 - Tax on Certain Foreign Procurements—Notice and Representation - JUN 2020

(a) Definitions. As used in this provision--

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14.

Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that--

(1) It [_]is [_]is not a foreign person; and

(2) If the Offeror indicates ``is'' in paragraph (d)(1) of this provision, then the Offeror represents that--I am claiming on the IRS

Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then--

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects ``is'' in paragraph (d)(1) and ``partial or no exemption'' in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the

IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

STANDARD PROVISION - 01 - DITCO BASIC AGREEMENT - AUG 2017

To be eligible to receive any Order or Circuit Demand resulting from this Inquiry, Contractor/Telecommunication Provider (TP) shall have a DITCO Basic Agreement (BA) signed by both the Government and the Contractor. See Federal Acquisition

Regulation 16.702 -- Basic Agreements. DITCO BA contains additional terms and conditions that shall be incorporated into any

Order or Circuit Demand by reference. Contractor/TP shall identify its assigned DITCO BA number (e.g., HC10XXXXHXXXX) and agreement date in its quote. Contractors/TPs that do not have a current DITCO BA must execute one with the appropriate

DITCO Office prior to submitting any quotes. The Contractor/TP must provide the following organizational information as registered in System of Award Management (SAM):

Legal Business Name

Address

DUNS

CAGE

Phone and FAX number

POC if different from the POC for Government Business as indicated in your SAM registration

Name and title of organization official to sign the Basic Agreement

DITCO Europe Basic Agreements: Contractor/TPs must obtain a blank BA from the Integrated Defense Enterprise Acquisition

System (IDEAS) Contractor web site under references tab https://depsland.csd.disa.mil/html/vendor.html; complete it with their organizational information, sign, and return BA to the following applicable email address for signature before submitting any quotes. Any questions concerning the DITCO Europe BA may be emailed to disa.stuttgart.ditco.mbx.pl511@mail.mil, and any questions concerning the DITCO SWA BA may be emailed to disa.stuttgart.ditco.mbx.pl52@mail.mil.

DITCO U.S. Basic Agreements: Contractor/TPs should review the template of the DITCO US BA located on the above website and email their organizational information as registered in SAM.gov to email address disa.scott.ditco.mbx.basic-agreements@mail.mil. DITCO-Scott will validate the Contractor/TP organizational information, process a new BA and send it to the Contractor/TP for final review and completion of blocks 30a, 30b, and 30c of the BA document (Solicitation/Contract/Order for Commercial items (SF 1449)). The BA must be signed and returned before submitting any quotes. Any questions concerning the DITCO U.S. BA may be emailed to the above address.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND," and provide the

Contractor/TP's current BA number and execution date.

STANDARD PROVISION - 02 - UNDERSTANDING OF DITCO IQO ACQUISITION

DESKBOOK - APR 2019

Contractor/Telecommunications Provider (TP) acknowledges it has read and understands the current published "DITCO

Inquiry/Quote/Order (IQO) Acquisition Deskbook" version 7.1 available from the Integrated Defense Enterprise Acquisition

System (IDEAS) Contractor web site https://depsland.csd.disa.mil/html/vendor/vendorreference.html. Contractor agrees that the most recent Standard Provisions as set forth in this order take precedent over any conflicting terms and conditions in the BA.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND."

STANDARD PROVISION - 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…