HC101323QA234.v0.pdf

IQO INQUIRY

FM: PL8211

TO: Contractors

DATE (MM/DD/YYYY): 6/13/2023

SUBJECT: HC101323QA234

A. TYPE ACTION: START

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

BETWEEN (BLDG) 32; (RM) TELCO; 210 A ST SW, WASHINGTON, DC 20319 AND (BLDG) 6910;

(RM) C3J50, CCER ROOM; (FL) 3RD; 6910 COOPER AVENUE, FT GEORGE G MEADE, MD

20755.****SEE UNIQUE INSTALL 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: 18 OCT 2023 (SIP). THE GOVERNMENT ASSUMES

THAT CONTRACTORS HAVE CONSIDERED ALL ISSUES THAT MAY IMPACT THE SERVICE

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

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

COMPLY WITH ANY CONTRACT TERMS OR CONDITIONS.

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

INCLUDE SUFFICIENT DETAIL FOR EFFECTIVE EVALUATION AND SHOULD NOT SIMPLY

REPHRASE OR RESTATE THE GOVERNMENT REQUIREMENTS. QUOTE MUST PROVIDE

CONVINCING RATIONALE TO ADDRESS HOW THE CONTRACTOR INTENDS TO MEET THE

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

UPON THE GOVERNMENT, NOR ASSUMPTIONS WILL BE ACCEPTED. CONTRACTORS

ARE ENCOURAGED TO SUBMIT QUESTIONS AND REQUEST CLARIFICATION OF THE

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

CONTRACT SPECIALIST AND CONTRACTING OFFICER DURING THE SOLICITATION PHASE

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

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: TSP0MJDR0-01

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 10/18/2023

F. TYPE OF CIRCUIT:

HC101323QA234

1. BANDWIDTH/DATA RATE: 1 Gigabit

2. SIGNALING MODE: No Signaling

G. LOCATION OF TERMINATION A:

1. ADDRESS: UNDETERMINED LOCATION AREA 1

2. ROOM: UNDETERMINED LOCATION; UND FL

H. LOCAL PART A:

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

2. INTERFACE: INTERFACE: 1000BASELX, SM FIBER, SC CONNECTOR

3. DEMARK: (BLDG) 32; (RM) TELCO;

210 A ST SW,

WASHINGTON, DC 20319

4. NPA/NXX: 202/685

5. UNIQUE INSTALLATION FACTORS: (1) FOR LOCAL COMMUNICATIONS UNIT: THE

LOCAL COMM UNIT WILL EXTEND SERVICE FROM THE COMMERCIAL DEMARC TO THE

SERVICE DELIVERY POINT (SDP). DISA REQUIRES THAT CIRCUIT VENDOR OBTAIN A

SIGNATURE FROM A RESPONSIBLE SITE POC CERTIFYING THAT THE VENDOR PROVIDED

THE CONNECTIVITY AND THAT THE CIRCUIT IS PROPERLY TAGGED WITH CIRCUIT ID AND

TSR NUMBER OR CCSD. (2) FOR THE VENDOR: VENDOR WILL DELIVER SERVICE TO THE

COMMERCIAL DEMARC IDENTIFIED IN THE DOCUMENT.

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

CPIWI-NO/CPIWM-NO

7. CONTACT: (PMRY POC) MR. MICHAEL J TORCH; (CMCL) 866-271-3242X1033

(UNCLASS USER) MICHAEL.J.TORCH.CIV@MAIL.MIL

(ALT POC) MR. JAIME F DIEZ; (CMCL) 703-681-8899X2636

(UNCLASS USER) JAIME.F.DIEZ.CTR@MAIL.MIL

I. TERMINATION EQUIPMENT A: EQUIPMENT: ROUTER (CUSTOMER PROVIDED)

UNDETERMINEDEQUIPMENT

J. LOCATION OF TERMINATION B:

1. ADDRESS: 6910, 6910 COOPER AVENUEFT GEORGE G MEADE, MD 20755

2. ROOM: C3J50, CCER ROOM, 3RD FLOOR

K. LOCAL PART B:

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

2. INTERFACE: INTERFACE: 1000BASELX, SM FIBER, SC CONNECTOR

3. DEMARK: (BLDG) 6910; (RM) C3J50, CCER ROOM; (FL) 3RD;

6910 COOPER AVENUE,

FT GEORGE G MEADE, MD 20755

4. NPA/NXX:301/677

5. UNIQUE INSTALLATION FACTORS: 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.

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

CPIWI-NO/CPIWM-NO

7. CONTACT: PRI: CAYEL ORLOFF, D375-8012, C301-225-8012

EMAIL: CAYEL.R.ORLOFF.CIV@MAIL.MIL

ALT: DISA NET SYSTEM MANAGEMENT CENTER (DSMC),

D375-8880, C301-225-8880 (24 HOURS CONTACT)

ORG EMAIL: DISA.MEADE.CIO.MBX.CI7-SYSTEMS-MONITORING-CEN

TER@MAIL.MIL

L. TERMINATION EQUIPMENT B: COMMERCIAL DEMARK

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: CN24MAY235196

4. CCSD: DPNG75L0

5. DIVERSITY REQUIREMENTS: NA

6. LOCATIONS TO BE AVOIDED: N/A

7. TRANSMISSION MEDIA TO BE AVOIDED: N/A

8. NETWORKS TO BE AVOIDED: N/A

9. CIRCUIT PARAMETERS:

10. TESTING REQUIREMENTS: CIRCUIT SPECIFICATIONS: CONUS NO JUMBO FRAME

ETHERNET VENDOR WILL PERFORM ACCEPTANCE TESTING IN ACCORDANCE WITH

EITHER RFC-6815 OR ITU-T Y.1564. VENDOR MUST TEST THE CIRCUIT FOR 24 HOURS

IAW ITU-T.Y.1564 SPECIFICALLY, FRAME SIZES OF 64,128,256,512,1024,1280 AND 1518

BYTES MUST BE USED. THE TEST MUST VERIFY LENGTH OF RECEIVED FRAMES, INDICATE

NUMBER OF FRAMES DROPPED, NUMBER OF FRAMES RECEIVED OUT OF ORDER, AND

DUPLICATE FRAMES. TESTS MUST BE BI-DIRECTIONAL USING THE SAME DATA RATE

IN EACH DIRECTION. BURST TESTS MUST BE RUN TO DETERMINE MINIMUM INTERVAL

BETWEEN FRAMES THAT CAN BE PROCESSED WITHOUT FRAME LOSS. A THROUGHPUT

TEST IS REQUIRED INDICATING THE FASTEST RATE AT WHICH TEST FRAMES CAN BE

TRANSMITTED WITHOUT FRAME LOSS. A SEPARATE THROUGHPUT TEST MUST BE RUN

WITH FRAMES ADDRESSED TO THE HARDWARE BROADCAST ADDRESS CONSTITUTING

AT LEAST 1% OF THE TEST STREAM AND BE EVENLY DISTRIBUTED THROUGHOUT THE

TEST. S. CIRCUIT SPECIFICATIONS CONTINUED: A LATENCY TEST MUST BE RUN FOR A

PERIOD OF NO LESS THAN 120 SECONDS, AND REPEATED NO LESS THAT 20 TIMES. THE

TEST STREAM FOR THE LATENCY TEST SHOULD BE RUN AT THE THROUGHPUT RATE FOR

CORRESPONDING FRAME SIZES FROM THE THROUGHPUT TEST. END TO END LATENCY

WILL BE CALCULATED AS THE AVERAGE OVER THE 20 TEST RUNS. FRAME LOSS RATE

TESTS SHOULD BE RUN AT THE FRAME RATE CORRESPONDING TO THE MAXIMUM FRAME

RATE, AND REDUCED BY 10% INTERVALS UNTIL THERE ARE AT LEAST TWO CONSECUTIVE

RUNS IN WHICH NO FRAMES ARE LOST.THROUGHPUT TEST RESULTS: PASSING RATE

100% FOR ALL FRAME BYTE SIZES EXERCISED. FRAME LOSS RATE (%) RESULTS: FRAME

LOSS RATE LESS THAN 0.01% FOR ALL FRAME BYTE SIZES EXERCISED. LATENCY WILL BE

MEASURED WILL BE ACCORDING TO THE FOLLOWING MAXIMUM TRANSMISSION DELAY

FOR ANY CIRCUIT UP TO 500 MILES AIR-MILES IN LENGTH SHALL BE NO GREATER THAN

13MS ONE-WAY AND ANY POINT-TO-POINT CIRCUIT LONGER THAN 500 AIR-MILES SHALL

BE NO GREATER THAN 50MS ONE WAY WITHIN THE 48 CONTINENTAL STATES. ANY APS

SWITCHOVER SHALL TAKE LESS THAN 50 MILLISECONDS MONTHLY AVAILABILITY SHALL

BE NO LESS THAN 99.5%.

11. GOVERNMENT ACCEPTANCE ACTIVITY: DISA/C703-681-8899

12. SECURITY/ REQUIREMENTS: CLEARANCE REQUIRED; ESCORT REQUIRED;

13. SITE ACCESS REQUIREMENTS: CLEARANCE REQUIRED; ESCORT REQUIRED;

14. DITCO STANDARD PROVISIONS: Incorporated in full text below

V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 7/13/2023 4:00 PM America/Chicago

Z. DITCO CONTACT:

Aaron Fuehne aaron.j.fuehne.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: Aaron Fuehne

Organization/Office Symbol: Phone No.: 618-418-6817

E-Mail Address: aaron.j.fuehne.civ@mail.mil

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

Name:

Organization/Office Symbol: Phone No.:

E-Mail Address:

Contractor Point of Contact

Contractor Legal Business Name:

UEI:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Standard Provisions

252.204-7016 - Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation - DEC 2019

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation - MAY 2021

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at

252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer;

product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services - JAN 2023 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 products or commercial services.

(End of clause)

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

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

(Deviation 2021-O0003) - APR 2021

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

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

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

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

52.204-24 - Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment - NOV 2021 The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment - NOV 2021

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered Telecommunications Equipment or Services means-

(1) Telecommunications equipment produced by Huawei Technologies company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera

Communications Corporation, Hangzhou Hikvision Digital Technology company, or Dahua Technology company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the Government of a Covered foreign country.

critical technology means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration

Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, Materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018

(50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of Covered Telecommunications Equipment or Services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain national defense authorization Act for fiscal year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a substantial or essential component of any system, or as critical technology as part of any system. The contractor is prohibited from providing to the Government any equipment, system, or service that uses Covered Telecommunications

Equipment or Services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain national defense authorization Act for fiscal year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses Covered Telecommunications Equipment or

Services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of Covered Telecommunications Equipment or Services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the contractor identifies Covered Telecommunications Equipment or Services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph

(d)(2) of this clause to the contracting officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the contractor shall report to the contracting officer for the indefinite delivery contract and the contracting officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier Unique Entity Identifier (if known); supplier Commercial and Government Entity

(CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of Covered Telecommunications Equipment or Services, and any additional efforts that will be incorporated to prevent future use or submission of Covered Telecommunications Equipment or Services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

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.

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

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

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

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

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

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

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

DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 01 - DITCO Basic Agreement - DEC

To be eligible to receive any Order or Circuit Demand resulting from this Inquiry, Contractor/Telecommunications 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. The 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) 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. In order to establish a BA with the appropriate DITCO Office, Contractor/TPs must follow the instructions below.

DITCO Europe Basic Agreements: Contractor/TPs must review the instructions located at https://depsland.csd.disa.mil/html/vendor/europebasicagreement.html and email their organizational information as registered in

SAM.gov to disa.stuttgart.ditco.mbx.pl5@mail.mil. DITCO Europe will validate the Contractor/TP organizational information and take all steps necessary to establish a BA. Any questions concerning the DITCO Europe BA may be emailed to disa.stuttgart.ditco.mbx.pl5@mail.mil.

DITCO U.S. Basic Agreements: Contractor/TPs must review the instructions located at https://depsland.csd.disa.mil/html/vendor/basicagreement.html 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 and take all steps necessary to establish a BA. Any questions concerning the DITCO U.S. BAs may be emailed to disa.scott.ditco.mbx.basic-agreements@mail.mil.

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

Contractor/TP's current BA number.

DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 02 - Understanding of DITCO IQO

Acquisition Deskbook - DEC 2022 Contractor/Telecommunications Provider (TP) acknowledges it has read and understands the current published "DITCO

Inquiry/Quote/Order (IQO) Acquisition Deskbook" version 8.0 available from the DISA Procurement Directorate web site https://www.ditco.disa.mil/. Contractor agrees that the most recent DITCO Additional Telecommunications Text as set forth in this order take precedent over any conflicting terms and conditions in the Basic Agreement.

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

DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 03 - Tariff Information - DEC 2022 A. The prices agreed upon at time of award shall be either firm fixed price or the prices the Contractor/Telecommunications

Provider (TP) has filed or may file in applicable tariffs with the 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), Public Utilities Commission (PUC), or other regulatory authority 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 waived in order to be considered for evaluation.

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

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

F. In advance of any tariff change applicable to this contract, the Contractor shall provide electronic notification, with the tariff transmittal and accompanying pages., to the DITCO Contracting Office. Email shall include the subject line: "Tariff Transmittal".

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND/WILL COMPLY" and provide requested tariff documents with the quote, including the name of the foreign telecommunications provider with whom

Contractor has an operating agreement, if applicable.

DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 04 -…