HC101325QA400-0003.v0.pdf

IQO INQUIRY

FM: PL8211

TO: Contractors

DATE (MM/DD/YYYY): 6/17/2026

SUBJECT: HC101325QA400-0003 Amend: 0003

A. TYPE ACTION: AMEND

1. PURPOSE: THE PURPOSE OF AMEND HC101325QA400-0003 IS TO:

1. THE GOVERNMENT UNDERSTANDS THAT AT&T DOES NOT HAVE TWO FULLY DIVERSE

PATHS OUT OF ALTUS AFB. HOWEVER, ANOTHER CARRIER, BLUE PEAK, DOES HAVE A

PATH TO TINKER AFB THAT MAY BE FULLY DIVERSE FROM AT&T PATH TO SAN ANTONIO.

THIS ORDER REQUIRES AVOIDANCE OF BLDG 215 (WHERE THE 030 ROUTER RESIDES)

ALONG WITH COMPLETE AVOIDANCE OF FALCON RD. THIS REQUIREMENT MUST ALSO

AVOID THE AT&T CENTRAL OFFICE AT 220 NORTH HUDSON STREET.

2. EXTEND QUOTE DUE DATE TO 30 JUN 26 4:00 PM (CST). IT IS BEING EXTENDED

BECAUSE IT IS A DIVERSE REQUIREMENT FROM HC101325QA399.

3. EXTEND SERVICE DATE TO 16 NOV 26.

4. THE DIVERSITY REQUIREMENT OF 50M SEPARATION HAS BEEN REDUCED TO 48FT AT

THE INTERSECTION OF ROUTE 28 AND TAMARACK ROAD.

5. PLEASE REVIEW THE PROVISION AND CLAUSES SECTION FOR ANY CHANGES BASED ON

REVOLUTIONARY FAR OVERHAUL.

ALL ELSE REMAINS THE SAME.

***********RECAP 2*******************

THE PURPOSE OF AMEND HC101325QA400-01 IS TO:

1. REVISE THE ADDRESS FOR DISA NODE AND COMMERCIAL DEMARC TO BLDG 350, ROOM

OPEN BAY, 304 SOUTH 6TH STREET, ALTUS AFB, OK 73523 VICE OPEN BAY, 605 WEST 2ND

STREET, ALTUS AFB, OK

2. EXTEND QUOTE DUE DATE TO 27 OCT 25 4:00 PM (CST)

3. EXTEND SERVICE DATE TO 09 MAR 26.

ALL ELSE REMAINS THE SAME.

**********RECAP*******

SUBMIT A QUOTE TO PROVIDE, INSTALL, AND MAINTAIN 10GB, NON-SWITCHED, ETHERNET

COMMERCIAL LEASE ON THE IQO CONTRACT BETWEEN BLDG 350, OPEN BAY, 605

WEST 2ND STREET, ALTUS AFB, OK 73523 (ALTUSAFB/CCI) AND BLDG 3900, ROOM 147,

COMPUTER ROOM, 8705 INDUSTRIAL BLVD, TINKER AFB, OK 73145-3352 (TINKRAFB/CC2).

AVOIDANCE REQUIREMENT: MUST COMPLETELY AVOID FALCON ROAD ON ALTUS AFB

HC101325QA400-0003

AND BLDG 215 LOCATED AT 104 BUBACZ STREET, ALTUS AFB. THIS REQUIREMENT MUST

ALSO COMPLETELY AVOID THE AT&T CENTRAL OFFICE LOCATED AT 220 NORTH HUDSON

STREET

2. CONTRACTORS MUST ADDRESS TESTING & ACCEPTANCE COMPLIANCE IN PROPOSAL/

QUOTE WITH UNDERSTAND/WILL COMPLY.

3. CONTRACTORS ARE RESPONSIBLE FOR READING AND ADDRESSING ALL TECHNICAL

REQUIREMENTS OF THIS SOLICITATION. CONTRACTORS MUST ALSO READ AND COMPLY

DITCO ADDITIONAL TELECOMMUNICATIONS TEXT (DATT) AND FEDERAL ACQUISITION

REGULATION (FAR) CLAUSES AND ADDRESS SPECIFIC INSTRUCTIONS IN DATT 4, 7, 52 AND

53 AND OTHER THAT REQUIRE ADDITIONAL INFORMATION TO BE IN COMPLIANCE.

4. THE SERVICE DATE TO BE MET IS: 3 NOV 25

5. CONTRACTORS MUST CONSIDER ALL ISSUES THAT MAY DELAY THE DELIVERY OF

CIRCUIT ON APPROVED SERVICE DATE. THE GOVERNMENT MAY CANCEL, TERMINATE, OR

REQUEST CONSIDERATION IAW DATT 42 FOR FAILURE TO MEETCONTRACTUAL SERVICE

DATE.

6. QUOTES MUST INCLUDE AS MUCH INFORMATION ABOUT HOW CIRCUIT WILL BE

INSTALLED. I.E. NAME AND INFORMATION ABOUT SUB-ONTRACTOR/LONG HAUL

PROVIDER/OTHER CARRIER INSTALLING CIRCUIT IS ON NET/OFF NET, RTD, JUMBO

FRAMING, TESTING AND OTHER APPLICABLE TECHNICAL INFORMATION. FURTHERMORE,

IF A BUILD IS REQUIRED TO INSTALL, VENDOR MUST INDICATE THE SCOPE OF THE BUILD

(LENGTH, BURIED/AERIAL, TRENCHING/DIRECTIONAL BORING, NEW CONDUIT).

7. ESTABLISH TSP: TSP0NKC2Q-01

8. TESTING & ACCEPTANCE

- 10G TESTING CRITERIA: VENDOR MUST CONTACT DISA GOC TIER-II ENGINEERING 48

HOURS PRIOR TO BEGINNING THEIR END-TO-END TESTING.

- THE PROVIDER MUST CONDUCT A SATISFACTORY 24-HOUR TEST FROM THE DROP SIDE

OF THEIR OR LOCAL EXCHANGE CARRIERS FDP INSTALLED IN THEIR EQUIPMENT SUITE

AT THE "A" LOCATION TO THEIR OR LOCAL EXCHANGE CARRIERS FDP INSTALLED IN THEIR

EQUIPMENT SUITE AT THE "Z" LOCATION AND MUST INCLUDE THE EXTENSION BETWEEN

THE COMMERCIAL DEMARC AND THE GOVERNMENT'S SDP. VENDOR MUST ENSURE TEST

SETS ARE PLACED AT THE DROP SIDE AT THE "A" LOCATION AND AT THE "Z" LOCATION.

TESTING MUST BE SATISFACTORY PRIOR TO TURN OVER TO THE GOVERNMENT FOR

ACCEPTANCE TESTING. THE VENDOR MUST TEST THE CIRCUIT FOR 24 HOURS IAW THE

FULL ITU-T.Y.1564 BENCH MARKING METHODOLOGY FOR NETWORK INTERCONNECT

DEVICES STANDARD, AND AT THE COMMITTED INFORMATION RATE (CIR) IAW ITU-T-

Y.1564.

- THE VENDOR MUST PROVIDE LIGHT LEVEL READINGS (SIGNAL STRENGTH IN DBM) ON

THE EXTENSION FROM COMMERCIAL POP TO THE GOVERNMENT SERVICE DELIVERY

POINT (SDP) AT THE "A" AND "Z" LOCATION PRIOR TO CIRCUIT TURN OVER TO THE

GOVERNMENT ENSURING LEVELS ARE WITHIN SPECS. LIGHT LEVELS MUST BE ADJUSTED

TO +0.5 TO -7 DBM.

- THIS CIRCUIT SHALL PASS A FULLY DOCUMENTED, SATISFACTORY, 72 HOUR SOAK TEST

BY DISA GOC AT SCOTT AFB, IL. PRIMARY: 618-418-8627

- THE COMMERCIAL CIRCUIT WILL BE ACCEPTED ON BEHALF OF THE GOVERNMENT BY

THE DISA GOC IP BACKBONE ENGINEERING AND IMPLEMENTATION GROUP, SCOTT AFB, IL.

618-418-8627

- CIRCUIT SPECIFICATIONS: SPECIFIC FORMAT TO BE USED IS:

LINE RATE: 10.3125 GIGABITS/S, +- 100 PPM

LINE CODE: ETHERNET

FIBER TERMINATION FRAME FORMAT OF ETHERNET, 802.3AE, 1310NM

THROUGHPUT SHALL BE REPORTED AS LAYER 2 (L2) CIR. CIR: 10G LEASED CIRCUITS, THE

VENDOR/TP IS REQUIRED TO DELIVER THE LAYER 2 CIR THROUGHPUT OF 9884.9 MBPS

USING THE SPECIFIED EMIX FRAME PATTERN ABCDEFGH OF CORROSPONDING FRAME

SIZES OF 64, 128, 256, 512, 1024, 1280, 1518 AND 9000 BYTES

RTD: ROUND TRIP DELAY (RTD) FOR THIS DISA TRANSPORT TRUNK WILL BE MEASURED

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

CUSTOMER'S SERVICE DELIVERY POINT (SDP) SITE-Z. THE RTD SHALL BE LESS THAN OR

EQUAL TO 10 MILLISECONDS TO EFFECTIVELY SUPPORT THE GOVERNMENT'S MISSION.

NOTE: FOR LOCATIONS THAT HAVE A TOTAL FIBER ROUTE DISTANCE OVER 600 MILES

(ONE WAY), WHERE THE 10 MILLISECONDS RTD SPECIFICATION CANNOT REASONABLE

BE MET, THE RTD SHALL BE LESS THAN OR EQUAL TO 10 MILLISECONDS PER 350 MILES

MEASURED IN A STRAIGHT LINE BETWEEN THE A AND Z LOCATIONS.THE GOVERNMENT

ACCEPTING AUTHORITY WILL CONFIRM THE RTD DURING THE TURN-UP AND TEST PHASE

AND IF IT DOES NOT ALIGN WITH THE CONTRACTORS PROPOSAL, DISA IE161 WILL NOTIFY

DITCO IMMEDIATELY IN WRITING.

ERROR PERFORMANCE: ERROR PERFORMANCE SHALL BE BETTER THAN THE

FOLLOWING PARAMETER THRESHOLDS TO BE ACCEPTABLE:

- AVAILABILITY SHALL BE GREATER THAN 99.5% OR BETTER.

- FRAME LOSS SHALL BE EQUAL TO ZERO WHEN TESTING AT 10 GIGABIT HIGHEST FRAME

RATE, AND SHALL MEET ITU-T-Y.1564 STANDARDS.

- JITTER SHALL BE LESS THAN 3 MSEC. DELAY SHALL BE BETTER THAN 10 MSEC.

-MEAN TIME TO LOSS OF BIT COUNT INTEGRITY (MTTLBCI) SHALL BE GREATER THAN 24

HOURS.

- THE VENDOR MUST CONDUCT WALK-THROUGH SITE SURVEY PRIOR TO INSTALLATION

AT BOTH LOCATIONS.

- VENDOR MUST CONTACT DISA GOC TIER-II ENGINEERING 48 HOURS PRIOR TO

BEGINNING THEIR END-TO-END TESTING.

- THE VENDOR MUST CONTACT DISA GOC IP BACKBONE ENGINEERING AND

IMPLEMENTATION GROUP UPON RECEIPT OF A VALID TSO TO ESTABLISH THE

COORDINATION AND ACTIVATION PROCESS. PHONE: 618-418-8627,

9. CONTRACTORS MUST COORDINATE THE IMPLEMENTATION, END-TO-END

TESTING, AND 24-HOUR TEST RESULTS WITH THE DISA IMPLEMENTATION TEAM AT

DISA.SCOTT.GLOBAL.MBX.CASA-INFRASTRUCTUREINTEGRATION-LEASE-BB-T@MAIL.MIL.

CONTRACTORS WILL BE GIVEN STEP BY STEP INSTRUCTIONS THAT MUST BE FOLLOWED

TO GET CIRCUIT GOVERNMENT ACCEPTANCE BEFORE SUBMITTING NOC.

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

MISSING OR OVERLOOKED QUOTES.

11. THIS SOLICITATION MUST BE WORKED IN CONJUNCTION WITH SOLICITATION

HC101325QA399/TSR RU02MAY259526 . QUOTES, MAPS, AND DIAGRAMS MUST PROVIDE

DETAILED INFORMATION SHOWING THE DIVERSE PATHS TO ENSURE NETWORK

SURVIVABILITY. THIS REQUIREMENT MUST BE ENGINEERED AND PROVISIONED

TOTALLY DIVERSE END TO END TO GOVERNMENT'S SERVICE DELIVERY POINTS

(SDP'S) FROM SOL HC101325QA399/TSR RU02MAY259526, MEANING THAT PHYSICAL

PATHS ARE TOTALLY SEPARATE INCLUDING MAN HOLES, CONDUIT, (CENTRAL OFFICE

LOCATIONS), AND FIBER BUILDS. ADDITIONALLY AS A MINIMUM THERE MUST BE A 50

METER PHYSICAL SEPARATION FROM SOL HC101325QA399/TSR RU02MAY259526.

AVOIDANCE: REQUIREMENT MUST COMPLETELY AVOID FALCON ROAD ON ALTUS AFB

AND BLDG 215 LOCATED AT 104 BUBACZ STREET, ALTUS AFB. THIS REQUIREMENT MUST

ALSO COMPLETELY AVOID THE AT&T CENTRAL OFFICE LOCATED AT 220 NORTH HUDSON

STREET.THE TELECOM PROVIDER MUST PROVIDE DITCO COLOR POWERPOINT DRAWINGS

FOR TECHNICAL REVIEW SHOWING THE ROUTES FROM THE COMMERCIAL DEMARCS

TO THE SUPPORTING CENTRAL OFFICES AND/OR WIRING CENTERS. DRAWINGS MUST

INCLUDE SEPARATION DISTANCES BETWEEN DIVERSE REQUIREMENTS, TOTAL FIBER

MILES AND ROUND TRIP DELAY (RTD), AND FIBER ROUTES RED LINED END TO END SO

THE GOVERNMENT CAN CONFIRM PHYSICAL END TO END DIVERSITY REQUIREMENTS

ARE MET. ADDITIONALLY, THE VENDOR IS TO PROVIDE DITCO WITH DETAILED CIRCUIT/

PATH CONNECTIVITY DIAGRAMS, IN KMZ OR KML FORMAT, IDENTIFYING ALL POINTS

OF PRESENCE (POP) FOR EVALUATION AND AS A FINAL RECORD OF THE INSTALLED

PATH. THESE DIAGRAMS MUST BE PROVIDED TO DISA HQ IE16 (DISA.MEADE.IE.MBX.IE16-

PROVISIONING-TEAM@MAIL.MIL) FOR HISTORICAL PURPOSES. AWARDS FOR BOTH

SOLICITATIONS (HC101325QA399 AND HC101325QA400) WILL BE AWARDED TO ONE

VENDOR. WINNING VENDOR WILL BE AWARDED ALL LEASES BASED ON THE LOWEST

COMBINED LIFE CYCLE COST AND TECHNICAL ACCEPTABILITY OF QUOTES. FAILURE TO

PROVIDE QUOTES FOR ALL REQUIREMENTS WILL RENDER THE QUOTES INCOMPLETE AND

UNAWARDABLE.

***FAILURE TO READ AND ADDRESS ANY OF THE TECHNICAL REQUIREMENTS AND

SERVICE DATE REQUESTED IN THIS INQUIRY SHALL RENDER THE QUOTE NON-COMPLIANT

AND RESULT IN IT BEING EXCLUDED FROM EVALUATION AND AWARD.***

M. ADDITIONAL INFORMATION:

3. TSR NUMBER: RU02MAY259520

4. CCSD: DIR3BWL5

Z. DITCO CONTACT:

Karen Pakosta

667-890-8976 karen.s.pakosta.civ@mail.mil

Dale L. Rupright

DITCO Contracting Officer

Unless otherwise specified, all other terms and conditions are unchanged.

Paragraph E.SERVICE DATE change from:

May 29, 2026

To:

Nov 16, 2026

Paragraph M.3.TSR NUMBER change from:

RU02MAY259520E

RU02MAY259520

Paragraph V.QUOTE DUE DATE AND TIME change from:

Jan 16, 2026 4:00:00 PM CST

Jun 30, 2026 4:00:00 PM CDT

Delete the Following:

52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment - NOV

(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.

(End of clause)

(End of clause)

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.

(End of provision)

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.

(End of provision)