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IQO INQUIRY
FM: PL8211
TO: Contractors
DATE (MM/DD/YYYY): 8/30/2022
SUBJECT: HC101322QA460
A. TYPE ACTION: START
1. PURPOSE: 1. SUBMIT A QUOTE TO PROVIDE, INSTALL, AND MAINTAIN A 100GB
DEDICATED INTERNET2 AL3S LAYER 3 SERVICE OVER A PORT THAT ALLOWS MIXED USE
FOR VLAN AND LAYER2 CONNECTIVITY AT 21715 FILIGREE CT; SUITE 001465, ASHBURN, VA, 20147, US. TRANSPORT WILL BE PROVIDED UNDER A SEPARATE SOLICITATION.
A. IPV4 AND IPV6 PROTOCOLS NEED TO BE SUPPORTED AND A /24 SUBNET PROVIDED.
B. AVAILABILITY SHALL NOT BE LESS THAN 98.5%; ERROR FREE SECONDS SHALL NOT BE
LESS THAN 99.6%; BER DURING ERRORED SECONDS SHALL NOT EXCEED 1 TIMES 10 TO
MINUS 10.
C. FOR US REGIONS: DATA TRANSMISSION LATENCY:
- NOT MORE THAN 10MS TO THE NATIONAL CAPITAL REGION.
- NOT BE MORE THAN 70MS TO THE SOUTHEAST REGION EXCLUDING NC REGION.
- NOT BE MORE THAN 20MS TO THE NORTHEAST REGION.
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: 28 DEC 22 (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. IN RESPONSE
TO THIS SOLICITATION, NO TERMS OR CONDITIONS PLACED UPON THE GOVERNMENT,
NOR ASSUMPTIONS WILL BE ACCEPTED. CONTRACTORS ARE ENCOURAGED TO
SUBMIT QUESTIONS AND REQUEST CLARIFICATION OF THE REQUIREMENT(S) BEFORE
SUBMITTING QUOTES. QUESTIONS SHALL BE SUBMITTED TO CONTRACT SPECIALIST AND
CONTRACTING OFFICER DURING THE SOLICITATION PHASE ONLY, AND RESPONSES FOR
ALL INTERESTED PARTIES WILL BE POSTED TO BETA.SAM.
5. QUOTES MUST BE UPLOADED TO IDEAS.
HC101322QA460
FAILURE TO READ AND ADHERE TO ANY PORTION OF THE SOLICITATION SHALL RENDER
THE QUOTE NON-COMPLIANT AND RESULT IN IT BEING EXCLUDED FROM EVALUATION AND
AWARD.
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: TSP0M18V5-02
D. DEMANDER'S CODE:
E. SERVICE DATE (MM/DD/YYYY): 12/28/2022
F. TYPE OF CIRCUIT:
1. BANDWIDTH/DATA RATE: 100 Gigabit
2. SIGNALING MODE: No Signaling
G. LOCATION OF TERMINATION A:
1. ADDRESS: (BLDG) DC2;21715 FILIGREE CT; SUITE 001465;ASHBURN, VA, 20147
2. ROOM: SUITE 001465; 1 FL
H. LOCAL PART A:
1. EXTENSION OF TELECOMMUNICATIONS SERVICE: All facilities between vendor's commercial communications interface point and termination location shall be provided by vendor. All cables shall be run in accordance with local site standards
2. INTERFACE: 1000BASELX, SM FIBER, LC CONNECTOR
3. DEMARK: (BLDG) DC2; SUITE 001465; 1 FL
21715 FILIGREE CT; SUITE 001465;
ASHBURN, VA, 20147
(PMRY POC) UNKNOWN INTERNET 2 NOC;
(UNCLASS ORG) NOC@NET.INTERNET2.EDU;
(CMCL) 317-278-6622
4. NPA/NXX: 317/278
5. UNIQUE INSTALLATION FACTORS: (A) COMMERCIAL DEMARK FDP
(B) TERM: OPTICAL
(C) INTERFACE: 1000BASELX, SM FIBER, LC CONNECTOR
(D) INSIDE WIRE INSTL/MAINT: CPIWI-NO/CPIWM-NO
(E) COML ACCESS: WILL NOT LEAK - CAT 5
(F) UNIQUE INSTALL FACTS:
(1) FOR LOCAL COMMUNICATIONS UNIT: THE LOCAL COMM UNIT WILL EXTEND SERVICE
FROM THE COMMERCIAL DEMARC TO THE SERVICE DELIVERY POINT (SDP). FOR
CIRCUIT ACTIVATION ASSISTANCE CONTACT DCP COMMERCIAL ACTIVATION TEAM (CAT)
AT D312-850-0820, C614-692-0820. DISA REQUIRES THAT CIRCUIT VENDOR OBTAIN A
SIGNATURE FROM A RESPONSIBLE SITE POC CERTIFYING THAT THE VENDOR PROVIDED
THE CONNECTIVITY AND THAT THE CIRCUIT IS PROPERLY TAGGED WITH CIRCUIT ID AND
TSR NUMBER OR CCSD.
(2) FOR THE VENDOR: VENDOR WILL DELIVER SERVICE TO THE COMMERCIAL DEMARC
IDENTIFIED IN THE DOCUMENT.
A. NGA GOVERNMENT PERSONNEL ARE RESPONSIBLE FOR COORDINATING WITH LOCAL
COMM PERSONNEL TO EXTEND THE CIRCUIT (IF THEY ARE NOT PRESENT TO EXTEND
THE CIRCUIT) FROM THE JUNIPER AT THE DEMARC LOCATION TO NGA EQUIPMENT.
TCS PERSONNEL WILL ASSIST NGA GOVERNMENT POCS WITH TECHNICAL ISSUES AND
REQUIREMENTS.
B. VENDOR SHALL TERMINATE REQUESTED CIRCUIT AT THE DEMARC LOCATION AS
INDICATED.
C. THE CIRCUIT MUST BE TAGGED WITH THE DISA CIRCUIT ID, LONG HAUL AND LOCAL
CIRCUIT ID AT THE SDP/DEMARC.
D. VENDOR MUST SCHEDULE/COORDINATE WITH THE POCS LISTED ON THIS ORDER 7
DAYS IN ADVANCE AND PROVIDE DISA CIRCUIT ID (CCSD) PRIOR TO SITE SURVEYS OR
INSTALLATION.
E. VENDOR MUST ADD NGACIRCUITACTIONSGROUP@NGA.MIL TO ALL EMAILS
CONCERNING THIS CIRCUIT TO INCLUDE, BUT NOT LIMITED TO, TEST RESULTS (IF
APPLICABLE), ACTIVATION NOTICE, REQUEST FOR ASSISTANCE FROM NGA, ETC. EMAIL
MUST INCLUDE THE DISA CIRCUIT ID (CCSD).
6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: CPIWI-NO/CPIWM-NO
7. CONTACT: -
(PMRY POC) UNKNOWN INTERNET 2 NOC;
(PMRY TECH POC) UNKNOWN INTERNET 2 NOC;
(ALT TECH POC) MR. NGA NOPSG;
(UNCLASS ORG) NOPSG@NGA.MIL;
(CMCL) 571-558-2002
(PMRY IT POC) UNKNOWN INTERNET 2 NOC;
I. TERMINATION EQUIPMENT A: COMMERCIAL DEMARK FDP; CISCO 8200
J. LOCATION OF TERMINATION B:
1. ADDRESS:
2. ROOM:
K. LOCAL PART B:
1. EXTENSION OF TELECOMMUNICATIONS SERVICE:
2. INTERFACE:
3. DEMARK:
4. NPA/NXX:
5. UNIQUE INSTALLATION FACTORS:
6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED:
7. CONTACT:
L. TERMINATION EQUIPMENT B:
M. ADDITIONAL INFORMATION:
1. DITCO CSA NUMBER:
2. BASIC AGREEMENT NUMBER: TBD
3. TSR NUMBER: DZ16AUG225601
4. CCSD: NUED7FXX
5. DIVERSITY REQUIREMENTS: NA
6. LOCATIONS TO BE AVOIDED: N/A
7. TRANSMISSION MEDIA TO BE AVOIDED: N/A
8. NETWORKS TO BE AVOIDED: N/A
9. CIRCUIT PARAMETERS: SEE TESTING REQUIREMENTS
10. TESTING REQUIREMENTS: TERMINAL EQUIPMENT "A": CISCO 9300-NEXUSTERMINAL
EQUIPMENT "Z": CISCO 8300.CIRCUIT MUST MAINTAIN 98.5% AVAILABILITY. THIS ETHERNET
CIRCUIT SUPPORTS HIGH SPEED TIME DOMINANT DATA CRITICAL TO THE USER.A.
MUST AVOID ALL SATELLITE TRANSMISSION.B. CIRCUIT PERFORMANCE: AVAILABILITY
SHALL NOT BE LESS THAN 98.5%; ERROR FREE SECONDS SHALL NOT BE LESS THAN
99.6%; BER DURING ERRORED SECONDS SHALL NOT EXCEED 1 TIMES 10 TO MINUS
10.CONNECTION APPROVAL PROCESS STATEMENT: 1. GOVERNMENT MANDATES
THAT REQUIRE CONNECTION REGISTRATION IAW THE DISN CONNECTION PROCESS
GUIDE (CPG):(A) CJCSI 6211.02D PARA 2.C.(D)(B) DODI 8010.01 PARA 1.2.C(4)(C) DISN
CONNECTION PROCESS GUIDE (CPG)HTTPS://CYBER.MIL/CONNECT/2. CONNECTION
APPROVAL IS REQUIRED PRIOR TO DISN PORT(S) BEING CONNECTED AND ACTIVATED
FOR CUSTOMER USE.3. NAVIGATE TO PROPER CONNECTION DATABASE (SNAP OR
SGS) AND REGISTER CONNECTION UNDER APPROPRIATE SERVICE MODULE.(A)
FOR NIPR/SIPR OR NIPR/SIPR VPN SERVICE: SELECT NIPR/SIPR MODULE UTILIZING
CONNECTION TYPE DOD, NON-DOD, OR CONTRACTOR (NON-DOD)(B) FOR VPN: SELECT
VPN MODULE SETTING TYPE OF VPN REGISTRATION AS "VPN MEMBER" AND ROUTER
INTERFACE CONNECTION TYPE AS "VIRTUAL"(C) FOR OR DEDICATED POINT TO POINT
VIRTUALS: SELECT NIPR MODULE SETTING THE CONNECTION TYPE AS "TRANSPORT".4.
FAILURE TO REGISTER AND OBTAIN AN IATC/ATC FOR YOUR CONNECTION WILL DELAY
SERVICE ACTIVATION. 5. IF YOU ARE UNABLE TO ACCESS THE SNAP/SGS WEBSITES
OR REQUIRE SPECIFIC GUIDANCE FOR UNIQUE CUSTOMER ISSUES, PLEASE CONTACT
THE CONNECTION APPROVAL OFFICE (CAO), AT C301-225-2900/301-225-2901, DSN
312-375-2900/2901 OR SEND AN EMAIL TO DISA.MEADE.RE.MBX.UCAO@MAIL.MIL OR
DISA.MEADE.RE.MBX.CCAO@MAIL.MIL.IMPLEMENTATION ASSISTANCE: FOR CIRCUIT
INSTALLATION ASSISTANCE WITH THE COMMERCIAL LEASED PATH, CONTACT DCP
COMMERCIAL ACTIVATION TEAM (CAT) AT D312-850-0820, C614-692-0820. FOR SERVICE
ACTIVATION INQUIRIES/SCHEDULING/ASSISTANCE, NAVIGATE TO THE DISA GLOBAL
SERVICE ACTIVATIONS CUSTOMER ACCESS PORTAL: HTTPS://DISA.DEPS.MIL/DISA/COP/
GSM-O/BACKBONE/CUSTOMER%20ACCESS%20SITE/SITEPAGES/SAM%20CUSTOMER
%20HOMEPAGE.ASPX, OR CONTACT DSN 312-418-8627, CMCL 001-618-418-8627.FOR
EMAIL SUPPORT, PLEASE CONTACT THE APPROPRIATE TEAM BELOW:DEDICATED/
NIPRNET/SIPRNET/VPN SERVICE ACTIVATIONS:EMAIL: DISA.SCOTT.GLOBAL.MBX.RF-
CIRCUIT-ACTIVATIONS@MAIL.MILSIPRNET ACCESS MIGRATION (SAM) PROJECTS (D508,
D710, D806, D910):EMAIL: DISA.SCOTT.GLOBAL.MBX.IMPACT-TEAM@MAIL.MILFOR
ALL OTHER PROJECT RELATED EFFORTS:EMAIL:DISA.SCOTT.GLOBAL.MBX.RF-
CIRCUIT-ACTIVATIONS@MAIL.MILDISN BACKBONE ACTIVATIONS:MAIL:
DISA.SCOTT.GLOBAL.MBX.CASA-INFRASTRUCTURE-INTEGRATION-LEASE-BB-T@MAIL.MIL
11. GOVERNMENT ACCEPTANCE ACTIVITY: SPRNGFLD/51/DMA/C571-558-2002
12. SECURITY/ REQUIREMENTS: ESCORT REQUIRED; SECURITY CLEARANCE
NOT REQUIRED. ACTIVITIES WILL PROVIDE CLEARED ESCORTS AS NECESSARY.
COORDINATION REQUIRED 7 DAYS IN ADVANCE FOR ADMITTANCE TO THE FACILITY AND
PROVIDE DISA CIRCUIT ID PRIOR TO SITE SURVEYS OR CONNECTION APPROVAL
13. SITE ACCESS REQUIREMENTS: ESCORT REQUIRED; SECURITY CLEARANCE
NOT REQUIRED. ACTIVITIES WILL PROVIDE CLEARED ESCORTS AS NECESSARY.
COORDINATION REQUIRED 7 DAYS IN ADVANCE FOR ADMITTANCE TO THE FACILITY AND
PROVIDE DISA CIRCUIT ID PRIOR TO SITE SURVEYS OR CONNECTION APPROVAL
14. DITCO STANDARD PROVISIONS: Incorporated in full text below
V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 9/30/2022 11:00 AM America/Chicago
Z. DITCO CONTACT:
JOHN WARNER
618-418-6466 john.d.warner28.civ@mail.mil
KEVIN L. KNOWLES
DITCO Contracting Officer
(618)418-6527 kevin.l.knowles4.civ@mail.mil
Section G - Contract Administration Data
Included Clauses
G1 - Points of Contact - MAY 2022
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: Kevin L. Knowles
Organization/Office Symbol: PL8211
Phone No.: 618-418-6527
E-Mail Address: kevin.l.knowles4.civ@mail.mil
Contract Specialist
Name: John D. Warner III
Organization/Office Symbol: PL8211
Phone No.: 618-418-6466
E-Mail Address: john.d.warner28.civ@mail.mil
COR/Mission Partner Point of Contact (Note: To be filled in upon contract award)
Name:
Organization/Office Symbol:
Phone No.:
E-Mail Address:
Contractor Point of Contact
Contractor Legal Business Name:
DUNS:
CAGE CODE:
Contractor POC:
E-Mail Address:
Phone Number:
Fax Number:
(End of text)
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)
252.225-7056 - Prohibition Regarding Business Operations with the Maduro Regime -
MAY 2022
Agency or instrumentality of the government of Venezuela means an agency or instrumentality of a foreign state as defined in 28
U.S.C. 1603(b), with each reference in section 1603(b) 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 paragraph (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), DoD is 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 U.S. 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) The Contractor shall--
(1) 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 U.S. Government; or
(2) Have a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the
Treasury.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
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
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.
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