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This is a request for quote for telecommunications services. The Defense Information Systems Agency seeks to procure a 10Mbps Ethernet circuit between Building 702, Room 1, 1574 County Road J, Scribner, Nebraska and Building 301D, Room 53, 106 Peacekeeper Drive, Offutt Air Force Base, Nebraska. Quotes are due by April 4, 2024 at 4:00PM Central Time and shall include monthly recurring and non-recurring pricing using the required CLIN/SLIN structure. The requested service date is outlined in the inquiry document. The selected contractor must comply with the commercial terms and conditions as specified in Federal Acquisition Regulation 52.212-1 through 52.212-5 and existing DITCO basic agreements.

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Text version

IQO INQUIRY

FM: PL8211

TO: Contractors

DATE (MM/DD/YYYY): 3/5/2024

SUBJECT: HC101324QA109

A. TYPE ACTION: START

1. PURPOSE: PROVIDE, INSTALL, AND MAINTAIN A 10MB ETHERNET SERVICE, BETWEEN:

BLDG 702; (RM) 1; (FLR) 1ST; 1574 COUNTY ROAD J, SCRIBNER, NE, 680571; (LAT) 41.6108;

(LONG) -96.6204 /CCI, AND BLDG 301D; (RM) 53; (FLR) 1ST; 106 PEACEKEEPER DRIVE,

OFFUTT AFB, NE 68113 /CC2.

2. CONTRACTORS ARE RESPONSIBLE FOR READING AND ADDRESSING ALL TECHNICAL

REQUIREMENTS OF THIS SOLICITATION, READING AND AGREEING WITH THE STANDARD

PROVISIONS, PROVIDE PRICE QUOTATION IN ACCORDANCE WITH STANDARD PROVISION 4,

AND MEET THE REQUESTED SERVICE DATE.

3. THE SERVICE DATE TO BE MET IS: 20 JUN 24 (SIP) TO COMPLY WITH PROCUREMENT

ACQUISITION LEAD TIME (PALT) FOR THIS TIPE OF SERVICE. THE GOVERNMENT ASSUMES

THAT CONTRACTORS HAVE CONSIDERED ALL ISSUES THAT MAY DELAY THE DELIVERY

OF SERVICE ON REQUESTED SERVICE DATE AND 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 MUST ENSURE THAT QUOTES SHALL INCLUDE SUFFICIENT DETAIL

FOR EFFECTIVE EVALUATION AND SHOULD NOT SIMPLY REPHRASE OR RESTATE THE

GOVERNMENT REQUIREMENTS. RATHER, CONTRACTORS MUST PROVIDE CONVINCING

RATIONALE TO ADDRESS HOW THEY INTEND TO MEET THE REQUIREMENT.

5. QUOTES MUST BE UPLOADED TO IDEAS. GOVERNMENT IS NOT RESPONSIBLE FOR

MISSING OR OVERLOOKED QUOTES.

6.THIS IS A REAWARD OF A CURRENT SERVICE, (CSA# RXCO000067EBM). IF THE

INCUMBENT QUOTE IS EVALUATED AS THE LOWEST PRICE TECHNICABLE ACCEPTABLE,

THE CURRENT CSA WILL BE ADMINSTRATIVELY DISCONTINUED WITHIN 30 DAYS OF

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

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

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

B. ALLA NUMBER:

C. TSP AUTHORIZATION CODE/RESTORATION CODE: TSP0HQCQ9-02

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 6/20/2024

F. TYPE OF CIRCUIT:

HC101324QA109

1. BANDWIDTH/DATA RATE: 10 Megabits Per Second

2. SIGNALING MODE: No Signaling

G. LOCATION OF TERMINATION A:

1. ADDRESS: 301D; 106 PEACEKEEPER DRIVE, OFFUTT AFB,NE 68113

2. ROOM: 53; 1ST FLR

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: 10/100/1000BASETX, CAT5, RJ45, 8W

3. DEMARK: (BLDG) 301D; (RM) 53; (FLR) 1ST

106 PEACEKEEPER DRIVE, OFFUTT AFB, NE 68113

PRI: THOMAS HARRISON, D271-6959, C402-294-6959

EMAIL: THOMAS.HARRISON.2@US.AF.MIL

4. NPA/NXX: 402/294

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

COMMERICIAL 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.

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: THOMAS HARRISON, D271-6959, C402-294-6959

EMAIL: THOMAS.HARRISON.2@US.AF.MIL

ALT: SANFORD NELSON, D271-2311, C402-294-2311

EMAIL: SANFORD.NELSON@US.AF.MIL

ALT: CIRCUIT ACTIONS, D271-6959, C402-294-6959

EMAIL: CIRCUIT.ACTIONS8@US.AF.MIL

ALT: 24/7 OPERATONAL TCF, D271-3210, C402-294-3210

EMAIL: TECH.CONTROL.3@US.AF.MIL

I. TERMINATION EQUIPMENT A: COMMERCIAL DEMARC

J. LOCATION OF TERMINATION B:

1. ADDRESS: 7021574 COUNTY ROAD JSCRIBNER NE 680571(LAT) 41.6108; (LONG) -96.6204

2. ROOM: 1; 1ST FLR

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: 10/100/1000BASETX, CAT5, RJ45, 8W

3. DEMARK: (BLDG) 702; (RM) 1; (FLR) 1ST 1574 COUNTY ROAD J,

SCRIBNER, NE, 680571; (LAT) 41.6108; (LONG) -96.6204

(PMRY POC) MR. BRADY BACH

(UNCLASS ORG) 55.SCS.STCH.HFGCS@US.AF.MIL

(UNCLASS USER) BRADY.BACH@US.AF.MIL

(CMCL) 402-294-7062; (DSN) 271-7062

4. NPA/NXX:402/664

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

COMMERICIAL 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.

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: BRADY BACH

UNCLAS ORG: 55.SCS.STCH.HFGCS@US.AF.MIL

EMAIL: BRADY.BACH@US.AF.MIL

D271-6479/7062, C402-294-6479/7062

L. TERMINATION EQUIPMENT B: COMMERCIAL DEMARC

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: AE12FEB248419

4. CCSD: JPNG738H

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: 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.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 TH 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: SCRIBNER/31/HFN/C402-294-7062; D271-7062

12. SECURITY/ REQUIREMENTS: AN ESCORT IS REQUIRED. ALL VISITORS MUST CONTACT

THE SITE POC'S FOR ACCESS AT LEAST 24 HOURS PRIOR TO ANY SITE VISITS.

13. SITE ACCESS REQUIREMENTS: (SP D) ESCORT REQUIRED

14. DITCO STANDARD PROVISIONS: Incorporated in full text below

V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 4/04/2024 4:00 PM America/Chicago

Z. DITCO CONTACT:

Maxwell Jones maxwell.s.jones.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 - FEB 2024

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: Maxwell Jones

Organization/Office Symbol: PS8211

Phone No.: 618-418-6946

E-Mail Address: maxwell.s.jones.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.

252.245-7004 - Management and Reporting of Government Property - JAN 2024

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

"As is" means that the Government makes no warranty with respect to the serviceability and/or suitability of the Government property for contract performance and that the Government will not pay for any repairs, replacement, and/or refurbishment of the property.

"Commercial and Government Entity (CAGE) code" means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency

(DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and

Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and

Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO

CAGE (NCAGE) code.

"Contractor-acquired property," "contractor inventory," "Government property," "Government-furnished property," and "loss of

Government property" have the meanings given in the Federal Acquisition Regulation (FAR) 52.245-1, Government Property, clause of this contract.

"Demilitarization" means the act of eliminating the functional capabilities and inherent military design features from DoD personal property. Methods and degree range from removal and destruction of critical features to total destruction by cutting, tearing, crushing, mangling, shredding, melting, burning, etc.

"Export-controlled items" has the meaning given in the Defense Federal Acquisition Regulation Supplement (DFARS)

252.225-7048, Export-Controlled Items, clause of this contract.

"Ineligible transferee" means an individual, an entity, or a country--

(1) Excluded from Federal programs by the General Services Administration as identified in the System for Award

Management Exclusions located at https://sam.gov;

(2) Delinquent on obligations to the U.S. Government under surplus sales contracts;

(3) Designated by the Department of Defense as ineligible, debarred, or suspended from defense contracts; or

(4) Subject to denial, debarment, or other sanctions under export control laws and related laws and regulations, and orders administered by the Department of State, the Department of Commerce, the Department of Homeland Security, or the

Department of the Treasury.

"Item unique identification" means a system of assigning, reporting, and marking DoD property with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items.

"National stock number" means a 13-digit stock number used to identify items of supply. It consists of a four-digit Federal

Supply Code and a nine-digit National Item Identification Number.

"Reparable item" means an item, typically in unserviceable condition, furnished to the contractor for maintenance, repair, modification, or overhaul.

"Scrap" means property that has no value except for its basic material content. For purposes of demilitarization, scrap is defined as recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item's original identity, utility, form, fit, and function have been destroyed. Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable components and parts are not "scrap."

"Serially-managed item" means an item designated by DoD to be uniquely tracked, controlled, or managed in maintenance, repair, and/or supply systems by means of its serial number or unique item identifier.

"Serviceable or usable property" means property with potential for reutilization or sale as is or with minor repairs or alterations.

"Supply condition code" means a classification of materiel in terms of readiness for issue and use or to identify action underway to change the status of materiel.

Unique item identifier (UII)" means a set of data elements marked on an item that is globally unique and unambiguous. The term includes a concatenated UII or a DoD recognized unique identification equivalent.

(b) Reporting Government property.

(1) The Contractor shall use the Government Furnished Property (GFP) module of the Procurement Integrated

Enterprise Environment (PIEE) to--

(i) Report receipt of GFP;

(ii) Report the transfer of GFP to another DoD contract;

(iii) Report the shipment of GFP to the Government or to a contractor. The GFP module generates the electronic equivalent of the DD Form 1149, DD Form 1348-1, or other required shipping documents;

(iv) Report when serially-managed items of GFP are incorporated into a higher-level component, assembly, or end item;

(v) Report the loss of Government property in accordance with paragraph (f)(1)(vii) of the FAR 52.245-1 clause of this contract;

(vi) Complete the plant clearance inventory schedule in accordance with paragraph (j)(2) of the FAR 52.245-1 clause of this contract, unless disposition instructions are otherwise included in this contract. The GFP module generates the electronic equivalent of the Standard Form (SF) 1428, Inventory Disposal Schedule; and

(vii) Submit a request to buy back or to convert to GFP items of Contractor-acquired property.

(2) Information regarding the GFP module is available in the GFP Module Vendor Guide at https://dodprocurementtoolbox.com/site-pages/gfp-resources. Users may also register for access to the GFP module and obtain training on the PIEE home page at https://piee.eb.mil.

(3) In complying with paragraphs (b)(1)(i) through (iv) of this clause, the Contractor shall report the updated status of the property to the GFP module within 7 business days of the date the change in status occurs, unless otherwise specified in the contract.

(4) The Contractor shall use Wide Area WorkFlow in accordance with DFARS Appendix F, Material Inspection and

Receiving Report, to report the shipment of reparable items after completion of repair, maintenance, modification, or overhaul.

(5) When Government property is in the possession of subcontractors, the Contractor shall ensure that reporting is accomplished using the data elements required in paragraph (c) of this clause.

(c) Records of Government property. To facilitate reporting of Government property to the GFP module, the Contractor's property records, in addition to the requirements of paragraph (f)(1)(iii) of the FAR 52.245-1 clause of this contract, shall enable recording of the following data elements:

(1) National stock number (NSN). If an NSN is not available, use either the combination of the manufacturer's CAGE code and part number, or model number.

(2) CAGE code on the accountable Government contract.

(3) Received/sent (shipped) date.

(4) Accountable Government contract number.

(5) Serial number (for serially-managed items that do not have a UII); and

(6) Supply condition code (only required for reporting of reparable items). For information on Federal supply condition codes, see DLM 4000.25, Defense Logistics Management Standards (DLMS), Volume 2, Supply Standards and Procedures, Appendix 2.5 at https://www.dla.mil/HQ/InformationOperations/DLMS/elibrary/manuals/v2/.

(d) Marking, reporting, and UII registration of GFP requirements. The Contractor--

(1) Shall assign the UII and mark the reparable items identified as serially managed in the GFP attachment to this contract with an item unique identification (IUID) data matrix, when the technical drawing for the item is accessible to the

Contractor and includes IUID data matrix location and marking method;

(2) Shall report the UII either before or during shipment of the repaired item;

(3) Is not required to mark items that were previously marked with an IUID data matrix and registered in accordance with DFARS 252.211-7003, Item Unique Identification and Valuation; and

(4) Shall assign a new UII, then mark and register the item, when the conditions of paragraph (d)(1) are met, if an item is found to be marked but not registered in the IUID Registry.

(e) Disposing of Government property.

(1) The Contractor shall complete the plant clearance inventory schedule using the plant clearance capability of the

GFP module of the PIEE to generate an electronic equivalent of the SF 1428, Inventory Disposal Schedule. The plant clearance inventory schedule requires the following:

(i) If known, the applicable Federal supply code (FSC) for all items, except items in scrap condition.

(ii) If known, the manufacturer name for all aircraft components under Federal supply group 16 or 17 and FSCs

2620, 2810, 2915, 2925, 2935, 2945, 2995, 4920, 5821, 5826, 5841, 6340, and 6615.

(iii) The manufacturer name, make, model number, model year, and serial number for all aircraft under FSCs 1510 and 1520.

(2) If the schedules are acceptable, the plant clearance officer will confirm acceptance in the GFP module plant clearance capability, which will transmit a notification to the Contractor. The electronic acceptance is equivalent to the DD Form

1637, Notice of Acceptance of Inventory.

(f) Demilitarization, mutilation, and destruction. If demilitarization, mutilation, or destruction of contractor inventory is required, the Contractor shall demilitarize, mutilate, or destroy contractor inventory, in accordance with the terms and conditions of the contract and consistent with Defense Demilitarization Manual, DoD Manual (DoDM) 4160.28-M, edition in effect as of the date of this contract. If the property is available for purchase, the plant clearance officer may authorize the purchaser to demilitarize, mutilate, or destroy as a condition of sale provided the property is not inherently dangerous to public health and safety.

(g) Classified Contractor inventory. The Contractor shall dispose of classified contractor inventory in accordance with applicable security guides and regulations or as directed by the Contracting Officer.

(h) Inherently dangerous Contractor inventory. Contractor inventory that is dangerous to public health or safety shall not be disposed of unless rendered innocuous or until adequate safeguards are provided.

(i) Contractor inventory located in foreign countries. Consistent with contract terms and conditions, property disposition shall be in accordance with foreign and U.S. laws and regulations, including laws and regulations involving export controls, host nation requirements, final governing standards, and government-to-government agreements. The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.

(j) Disposal of scrap.

(1) Contractor scrap procedures.

(i) The Contractor shall include, within its property management procedure, a process for the accountability and management of Government-owned scrap. The process shall, at a minimum, provide for the effective and efficient disposition of scrap, including sales to scrap dealers, so as to minimize costs, maximize sales proceeds, and contain the necessary internal controls for mitigating the improper release of non-scrap property.

(ii) The Contractor may commingle Government and contractor-owned scrap and provide routine disposal of scrap, with plant clearance officer concurrence, when determined to be effective and efficient.

(2) Scrap warranty. The plant clearance officer may require the Contractor to secure from scrap buyers a DD Form

1639, Scrap Warranty.

(k) Sale of surplus Contractor inventory.

(1) Sales procedures.

(i) The Contractor shall conduct sales of contractor inventory (both useable property and scrap) in accordance with the requirements of this contract and plant clearance officer direction. The Contractor shall include in its invitation for bids the sales terms and conditions provided by the plant clearance officer.

(ii) The Contractor may conduct internet-based sales, to include use of a third party.

(iii) If the Contractor wishes to bid on the sale, the Contractor or its employees shall submit bids to the plant clearance officer prior to soliciting bids from other prospective bidders.

(iv) The Contractor shall solicit bids to obtain adequate competition. Negotiated sales are subject to obtaining such competition as is feasible under the circumstances of the negotiated sale.

(v) The Contractor shall solicit bids at least 15 calendar days before bid opening to allow adequate opportunity to inspect the property and prepare bids.

(vi) For large sales, the Contractor may use summary lists of items offered as bid sheets with detailed descriptions attached.

(vii) In addition to providing notice of the proposed sale to prospective bidders, the Contractor may, when the results are expected to justify the additional expense, display a notice of the proposed sale in appropriate public places, e.g., publish a sales notice on the internet, in appropriate trade journals or magazines, and in local newspapers.

(viii) The plant clearance officer or designated Government representative will witness the bid opening. The

Contractor shall submit the bid abstract in electronic format to the plant clearance officer within 2 days of bid opening. If the

Contractor is unable to submit the bid abstract electronically, the Contractor may submit 2 copies of the abstract manually within

2 days of bid opening. The plant clearance officer will not approve award to any bidder who is an ineligible transferee.

(2) Required terms and conditions for sales contracts. The Contractor shall include the following terms and conditions in sales contracts:

(i) For sales contracts or other documents transferring title:

"The Purchaser certifies that the property covered by this contract will be used in [insert name of country]. In the event of resale or export by the Purchaser of any of the property, the Purchaser agrees to obtain the appropriate U.S. and foreign export or re-export license approval."

(ii) For sales contracts that require demilitarization, mutilation, or destruction of property:

"The following items [insert list provided by plant clearance officer] require demilitarization, mutilation, or destruction by the

Purchaser. Additional instructions are provided in accordance with Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this sales contract. A Government representative will certify and verify demilitarization of items.

Prepare demilitarization certificates in accordance with DoDM 4160.28, Volume 2, section 4.5, DEMIL Certificate (see figure 2, Example DEMIL Certificate)."

(iii) Removal and title transfer:

"Property requiring demilitarization shall not be removed, and title shall not pass to the Purchaser, until demilitarization has been accomplished and verified by a Government representative."

(iv) Assumption of cost incident to demilitarization:

"The Purchaser agrees to assume all costs incident to the demilitarization and to restore the working area to its present condition after removing the demilitarized property."

(v) Failure to demilitarize:

"If the Purchaser fails to demilitarize, mutilate, or destroy the property as specified in the sales contract, the Contractor may, upon giving 10 days written notice to the Purchaser--

(A) Repossess, demilitarize, and return the property to the Purchaser, in which case the Purchaser hereby agrees to pay to the Contractor, prior to the return of the property, all costs incurred by the Contractor in repossessing, demilitarizing, and returning the property;

(B) Repossess, demilitarize, and resell the property, and charge the defaulting Purchaser with all costs incurred by the

Contractor. The Contractor shall deduct these costs from the purchase price and refund the balance of the purchase price, if any, to the Purchaser. In the event the costs exceed the purchase price, the defaulting Purchaser hereby agrees to pay these costs to the Contractor; or

(C) Repossess and resell the property under similar terms and conditions, and charge the defaulting Purchaser with all costs incurred by the Contractor. The Contractor shall deduct these costs from the original purchase price and refund the balance of the purchase price, if any, to the defaulting Purchaser. Should the excess costs to the Contractor exceed the purchase price, the defaulting Purchaser hereby agrees to pay these costs to the Contractor."

(l) Restrictions on purchase or retention of Contractor inventory. The Contractor may not knowingly sell the inventory to any person or that person's agent, employee, or household member if that person--

(1) Is a civilian employee of DoD or the U.S. Coast Guard;

(2) Is a member of the Armed Forces of the United States, including the U.S. Coast Guard; or

(3) Has any functional or supervisory responsibilities for or within DoD's property disposal, disposition, or plant clearance programs or for the disposal of contractor inventory.

(m) Proceeds from sales of surplus property. Unless otherwise provided in the contract, the proceeds of any sale, purchase, or retention shall be--

(1) Forwarded to the Contracting Officer;

(2) Credited to the Government as part of the settlement agreement pursuant to the termination of the contract;

(3) Credited to the price or cost of the contract; or

(4) Applied as otherwise directed by the Contracting Officer.

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

Equipm…

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