HC101325QA020.v0.pdf

IQO INQUIRY

FM: PL8211

TO: Contractors

DATE (MM/DD/YYYY): 10/16/2024

SUBJECT: HC101325QA020

A. TYPE ACTION: START

1. PURPOSE: SUBMIT A QUOTE TO PROVIDE, INSTALL, AND MAINTAIN A 100MB ETHERNET

LEASE BETWEEN 4075 WILSON BLVD, ARLINGTON, VA 22203, BLDG 4075, (RM) 350; 3 FL AND

6607 ARMY PENTAGON, WASHINGTON DC 20310-6607, BLDG PENTAGON, (RM) BC771. ***

SEE UNIQUE INSTALL FACTORS ***

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: 17 MAR 25 (SIP) TO COMPLY WITH PROCUREMENT

ACQUISITION LEAD TIME (PALT) FOR THIS TYPE OF SERVICE. CONTRACTORS PROPOSED

LEAD TIMES (WHETHER IN CALDENDAR OR BUSINESS DAYS) THAT EXCEEDS THE

REQUESTED SERVICE DATE WILL NOT BE ACCEPTED. THE GOVERNMENT ASSUMES THAT

CONTRACTORS HAVE CONSIDERED ALL ISSUES THAT MAY DELAY THE DELIVERY OF

SEVICE ON REQUESTED SERVICE DATE AND MAY CANCEL, TERMINATE, OR REQUEST

CONSIDERATION IAW STANDARD PROVISIOB 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. FAILURE TO READ AND ADHERE TO ANY

PORTION OF THE SOLICITATION SHALL RENDER THE QUOTE NON-COMPLIANT AND RESULT

IN IT BEING EXCLUDED FROM EVALUATION AND AWARD.

6. THIS IS A REAWARD OF A CURRENT SERVICE (#CRCA000009EBM). IF THE INCUMBENT

QUOTE IS EVALUATED AS THE LOWEST PRICE TECHNICAL ACCEPTABLE, THE CURRENT

CSA WILL BE ADMINISTRATIVELY DISCONTINUED WITHIN 30 DAYS OF INCUMBENT

CONTRACTOR RECEIVING AWARD. THE DISCONTINUE DATE OF OLD CSA WILL BE THE DAY

PRIOR TO THE START DATE OF NEW CSA.

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: TSP0N7X9N-01

HC101325QA020

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 3/17/2025

F. TYPE OF CIRCUIT:

1. BANDWIDTH/DATA RATE: 100 Megabits Per Second

2. SIGNALING MODE: No Signaling

G. LOCATION OF TERMINATION A:

1. ADDRESS: (BLDG) 4075; 4075 WILSON BLVD, ARLINGTON, VA 22203

2. ROOM: 350; 3 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: GIGABIT ETHERNET; 1000BASE-LX; SM FIBER; LCCONNECTOR

3. DEMARK: (BLDG) 4075; (RM) 350; 3 FL; 4075 WILSON BLVD, ARLINGTON, VA 22203

(PMRY POC) MS ASHELY JUNG; (CMCL) 703-248-1543

(ALT POC) MR. BRETT NELSON; C703-526-4738; OFFHRS:571-218-2609

4. NPA/NXX: 703/224

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). 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.

(3) SITE POC VERIFIES CIRCUIT IS PROPERLY TAGGED WITH CIRCUIT ID AND TSR NUMBER

OR CCSD.

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

CPIWI-NO/CPIWM-NO

7. CONTACT: (PMRY POC) MS ASHELY JUNG; (UNCLASS ORG)

SCO.SECURITY@SCO.MIL; (UNCLASS USER) ASHLEY.JUNG.CTR@SCO.MIL. (CMCL)

703-248-1543

(ALT POC) MR. BRETT NELSON; (UNCLASS ORG) SCO.SECURITY@SCO.MIL; (UNCLASS

USER) BRETT.NELSON@SCO.MIL; (CMCL) 703-526-4738; (OFFHRS) 571-218-2609

I. TERMINATION EQUIPMENT A: COMMERCIAL DEMARK

J. LOCATION OF TERMINATION B:

1. ADDRESS: (BLDG) PENTAGON; 6607 ARMY DRIVE, WASHINGTON, DC, 20310-6607

2. ROOM: BC771 - NORTH POP; B FL

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: GIGABIT ETHERNET; 1000BASE-LX; SM FIBER; LCCONNECTOR

3. DEMARK: (BLDG) PENTAGON; (RM) BC771; 6607 ARMY PENTAGON,

WASHINGTON DC 20310-6607

PRI: CIRCUIT ACTIONS D225-6010/D222-0191/D223-5543,

C703-695-6010/C703-692-0191/C703-693-5543

ALT: 24 HOUR CONTACT: SHIFT SUPERVISOR, D225-7014, C703-695-7014

4. NPA/NXX:703/695

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). 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

(2) FOR THE VENDOR: VENDOR WILL DELIVER SERVICE TO THE COMMERCIAL DEMARC

IDENTIFIED IN THE DOCUMENT (SITE PROVIDED PATCH PANEL).

(3) INTERFACE: ELECTRICAL: 1000BASE-LX; PHYSICAL: SC; (PHYSICAL) SC;(ELECTRICAL)

1000BASE-LX

(4) COMMERCIAL DEMARC CIRCUIT VENDOR MUST 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 CCSD. FOR THE

VENDOR: VENDOR WILL DELIVER SERVICE TO THE COMMERCIAL DEMARC IDENTIFIED

IN THE DOCUMENT. CUSTOMER IS RESPONSIBLE FROM THE CUSTOMER PROVIDED

TERMINAL EQUIPMENT TO THE SITE PROVIDED PATCH PANEL AT THE SDP.

(5) LOCATION KNOWN TO CENTURY LINK AS 6606 ARMY NAVY DRIVE, ARLINGTON, VA 22202

(6) AN ESCORT IS REQUIRED. ALL VISITORS MUST CONTACT THE SITE POC'S FOR ACCESS

AT LEAST 1 TO 2 WEEKS PRIOR TO ANY SITE VISITS. THIS ADVANCE NOTICE WILL BE

WAIVED IN THE EVENT OF A CIRCUIT OUTAGE.

(7) RANDY BARRETT IS THE CHIEF OF CIRCUIT ACTIONS ON THE GOVERNMENT

SIDE. HE CAN BE REACHED AT D223-5543, C703-693-554 3, EMAIL:

ROBERT.R.BARRETT.CIV@MAIL.MIL. WILLIAM HARTMAN IS THE CHIEF OF CIRCUIT

ACTIONS ON THE CONTRACTOR SIDE. HE CAN BE REACHED AT D225-6010,

C703-695-6010, EMAIL: WILLIAM.C.HARTMAN4.CTR@MAIL.MIL.YVONNE ODEGARD,

PENTAGON CIRCUIT ACTIVATIONS, IS AN ALTERNATE TO YVONNE ODEGARD. SHE

CAN BE REACHED AT D222-0191/D223-5543, C703-692-0191/C703-693-5543, EMAIL:

YVONNE.DEGARD.CTR@MAIL.MIL.

(8) THE FOLLOWING ARE THE PENTAGON NODE SITE COORDINATORS. THEY

ARE LISTED HERE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE

ADDRESSED ON ANY TSO'S: PRI: MAKETHA BUMBREY, D222-0020, C703-692-0020 EMAIL:

MAKETHA.L.BUMBREY.CTR@MAIL.MIL ALT: JERRY MOORING, D222-0014, C703-692-0014

EMAIL: JERRY.M.MOORING.CTR@MAIL.MIL.

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

CPIWI-NO/CPIWM-NO

7. CONTACT: PRI: CIRCUIT ACTIONS D225-6010/D222-0191/D223-5543, C703-695-6010/

C703-692-0191/C703-693-5543 EMAIL: OSD.PENTAGON.JSP.MBX.JP312-PTCF-CIRCUIT-

ACTIVATIONS@MAIL.MIL

SHIFT SUPERVISOR, D225-7014, C703-695-7014

EMAIL: OSD.PENTAGON.JSP.MBX.JP312-PTCF-CIRCUIT-ACTIVATIONS@MAIL.MIL

L. TERMINATION EQUIPMENT B: COMMERCIAL DEMARK

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: CN24SEP245342

4. CCSD: DPNG71TV

5. DIVERSITY REQUIREMENTS: N/A

6. LOCATIONS TO BE AVOIDED: N/A

7. TRANSMISSION MEDIA TO BE AVOIDED: N/A

8. NETWORKS TO BE AVOIDED: N/A

9. CIRCUIT PARAMETERS: SEE TESTING REQUIREMENTS

10. TESTING REQUIREMENTS: TEST & ACCEPTANCE INSTRUCTIONS: (VENDOR WILL

PERFORM ACCEPTANCE TESTING IN ACCORDANCE WITH EITHER RFC-6815 OR ITU-

Y.1564 FOR A DURATION OF 24HRS) 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 OUTOF 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 INTERVALS

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 THE THROUHPUT 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. Q. CIRCUIT SPECIFICATIONS: LATENCY

WILL BE MEASURED 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: CN/C703-681-8899X2636

12. SECURITY/ REQUIREMENTS: AN ESCORT IS REQUIRED.

13. SITE ACCESS REQUIREMENTS: AN ESCORT IS REQUIRED. ALL VISITORS MUST

CONTACT THE SITE POC'S FOR ACCESS AT LEAST 1 TO 2 WEEKS PRIOR TO ANY SITE

VISITS. THIS ADVANCE NOTICE WILL BE WAIVED IN THE EVENT OF A CIRCUIT OUTAGE.

14. DITCO STANDARD PROVISIONS: Incorporated in full text below

V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 11/15/2024 3:00 PM America/Chicago

Z. DITCO CONTACT:

Shannon Scheffel

618-418-6253 shannon.e.scheffel.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 - OCT 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: Shannon Scheffel

Organization/Office Symbol: Phone No.: 618-418-6253

E-Mail Address: shannon.e.scheffel.civ@mail.mil

COR/Mission Partner Point of Contact

Name: Commercial Activations

Organization/Office Symbol: Phone No.: 614-692-0820

E-Mail Address: disa.dscc.ie.mbx.dcp-commercial-activation@mail.mil

Contractor Point of Contact

Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

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.

52.204-29 - Federal Acquisition Supply Chain Security Act Orders—Representation and

Disclosures. - DEC 2023

a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition

Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply

Chain Security Act Orders--Prohibition.

(c) Procedures. (1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act

Orders--Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

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.

52.229-12 - Tax on Certain Foreign Procurements - FEB 2021

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

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

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. 7701(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) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR

1.5000C-1 through 1.5000C-7.

(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal

Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign

Procurements--Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS

Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall--

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14

(rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS

Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). 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.

(f) Taxes imposed under 26 U.S.C. 5000C may not be--

(1) Included in the contract price; nor

(2) Reimbursed.

(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.

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

To be eligible to receive any Order or Circuit Demand resulting from…