HC101326QA070.v1.pdf
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- Solicitation number
- HC101326QA070
- Issued by
-
Defense Information Systems Agency
About this file
This is an Inquiry (IQO) from the Defense Information Technology Contracting Office (DITCO) soliciting quotes for a telecommunications service. The requirement is to provide, install, and maintain a 50 Mbps Layer 3 Virtual Private Network (VPN) Multiprotocol Label Switching (MPLS) Ethernet circuit between the US Embassy in Paris, France and the DISA DECC in Mechanicsburg, PA. This is a reaward of a previous 3 Mbps contract (RXCO000171EBM with RX3 Communications).
Key requirements include 98.5% monthly availability, latency guidelines (less than 25ms within country, 75ms within Europe, 150ms outside Europe), and 24-hour acceptance testing. The contractor must have a Network Operations Center in the US, Europe, or Southwest Asia, provide 24/7 service restoral with a maximum 8-hour repair time, and use English-speaking technicians. The solicitation is 100% set aside for small businesses, with a quote due date of February 11, 2026, and a planned service date of July 21, 2026. The contract will continue on a month-to-month basis with a not-to-exceed period of 60 months.
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Text version
IQO INQUIRY
FM: PL8212
TO: Contractors
DATE (MM/DD/YYYY): 1/12/2026
SUBJECT: HC101326QA070
A. TYPE ACTION: REAWARD
1. PURPOSE: SUBMIT A QUOTE TO:
1. PROVIDE, INSTALL, AND MAINTAIN A 50 MBPS, LAYER 3 VIRTUAL PRIVATE NETWORK
(VPN), MULTIPROTOCOL LABEL SWITCHING (MPLS) ETHERNET CIRCUIT BETWEEN US
EMBASSY IN PARIS, FR AND DISA DECC IN MECHANICSBURG, PA.
2. REAWARD OF CSA: RXCO000171EBM (RX3 COMMUNICATIONS) PREVIOUSLY 3 MBPS
*****REMARKS*****
1. CONTRACTOR MUST CONTACT THE BELOW LISTED POC AT LEAST 72 HRS PRIOR TO
INSTALLATION. CONTACT INFORMATION WILL BE PROVIDED AT TIME OF AWARD
2. TESTING REQUIREMENTS: CIRCUIT SHALL PASS ACCEPTANCE TESTING BY
TELECOMMUNICATION PROVIDER (TP) PRIOR TO ACCEPTANCE BY GOVERNMENT. TP
MUST PROVIDE LONG HAUL CIRCUIT NUMBER, LOCAL CIRCUIT IDENTIFIER FOR EACH END
LOCATION, AND TROUBLE REPORTING NUMBER TO GOVERNMENT ACCEPTANCE ACTIVITY
PRIOR TO ACCEPTANCE OF THE SERVICE BY GOVERNMENT. VENDOR WILL PERFORM 24-
HOUR ACCEPTANCE TESTING IN ACCORDANCE WITH ITU-TY.1564 ETHERNET SERVICE
ACTIVATION TEST WITH AN EMIX PATTERN ABCDEFG. THE TEST MUST BE BI-DIRECTIONAL
USING THE SAME DATA RATE IN EACH DIRECTION. LATENCY, MEASURED ROUND-TRIP,
WILL BE ACCORDING TO THE FOLLOWING GUIDELINES:
WITHIN COUNTRY: LESS THAN 25MS;
WITHIN EUROPE: LESS THAN 75MS;
OUTSIDE EUROPE: LESS THAN 150MS;
ANY APS SWITCHOVER SHALL TAKE LESS THAN 50 MILLISECONDS.
3. CIRCUIT PARAMETERS:
A. CUSTOMER PREMISES EQUIPMENT (CPE) REQUIREMENT: ANY AND ALL DIGITAL
SERVICE UNITS (DSUS), CUSTOMER SERVICE UNITS (CSUS), MODULATOR/DEMODULATORS
(MODEMS), NETWORK TERMINATION UNITS (NTUS), OR OTHER CPE FURNISHED BY
TELECOMMUNICATION PROVIDER (TP) FOR THIS SERVICE AT TERMINATION LOCATION
A AND B SHALL BE OF A RACK-MOUNTED CONFIGURATION AND NOT A STAND-ALONE
CONFIGURATION. IN THE EVENT THE TP DOES NOT HAVE EXISTING POWERED RACK
SPACE AND/OR AVAILABLE CARD SLOTS IN CPE CAGES, CHASSIS, OR NESTS, THE TP
SHALL PROVIDE AND INSTALL ALL RACKS AND/OR CPE CAGES, CHASSIS, OR NESTS
REQUIRED TO SUPPORT THIS SERVICE. CHARGES FOR HARDWARE AND ASSOCIATED
INSTALLATION ARE TO BE INCLUDED IN THE TPS NON-RECURRING CHARGE FOR THIS
SERVICE. ALL TP PROVIDED RACKS AND/OR CPE CAGES, CHASSIS, OR NESTS INSTALLED
HC101326QA070
TO SUPPORT THIS SERVICE SHALL BE UTILIZED EXCLUSIVELY FOR TELECOMMUNICATION
SERVICES CONTRACTED BY A DITCO CONTRACTING OFFICE.
B. NETWORK OPERATION CENTER: IN ADDITION TO DITCO ADDITIONAL TELECOM TEXT 7,
THE TP SHALL HAVE A NETWORK OPERATIONS CENTER (NOC) LOCATED IN THE UNITED
STATES, EUROPE, OR SOUTHWEST ASIA THAT CAN RESPOND TO TROUBLE CALLS ON AN
IMMEDIATE BASIS, 24 HOURS A DAY, 365 DAYS A YEAR. THE SERVICE PROVIDER SHALL
HAVE TECHNICIANS WHO ARE ABLE TO READ, WRITE, AND SPEAK ENGLISH FLUENTLY. THE
TP NOC SHALL HAVE CIRCUIT VISIBILITY TO ASSIST IN ANY CIRCUIT OUTAGES; THE TP MAY
USE THE EMBEDDED OPERATIONS CHANNEL OF THE NETWORK TERMINATION DEVICE.
C. RESTORAL/MAINTENANCE: 24/7: TP SHALL PROVIDE 24 HOUR A DAY/7 DAY A WEEK
SERVICE RESTORAL AND MAINTENANCE. THE TP RESTORAL/MAINTENANCE SHALL BE
INITIATED WITHIN 1 HOUR OF RECEIPT OF GOVERNMENT OUTAGE REPORT, INCLUDING
AFTER DUTY HOURS, WEEKENDS, AND HOLIDAYS. MAXIMUM TIME TO REPAIR SHALL BE 8
HOURS, INCLUDING AFTER DUTY HOURS, WEEKENDS AND
HOLIDAYS. TP INSTALLATION AND RESTORAL/MAINTENANCE PERSONNEL THAT HAVE
DIRECT INTERFACE WITH GOVERNMENT PERSONNEL AT SERVICE LOCATIONS MUST
UNDERSTAND, SPEAK, AND WRITE ENGLISH.
4. CIRCUIT PERFORMANCE: MONTHLY AVAILABILITY MUST BE 98.5% OR GREATER FOR
UNPROTECTED SERVICES AND HAVE A FRAME LOSS RATIO OF < .01% AND JITTER < 3MS.
LATENCY MEASURED ROUND-TRIP,
WILL BE ACCORDING TO THE FOLLOWING GUIDELINES: WITHIN COUNTRY: LESS THAN
25MS; WITHIN EUROPE: LESS THAN 75MS; OUTSIDE EUROPE: LESS THAN 150MS.
5. VENDOR MUST CALL DISA NOSC AT LEAST 72 HRS PRIOR TO MAINTENANCE. PHONE
NUMBER WILL BE PROVIDED AT TIME OF AWARD
6. CUSTOMER WILL ACCEPT EARLIEST POSSIBLE INSTALL DATE. INSTALL SOONER IF
POSSIBLE (SIP).
7. THIS IS A CANDIDATE FOR RESTORAL TELECOMMUNICATIONS SERVICE PRIORITY (TSP).
8. TECHNICAL ACCEPTABILITY EVALUATION CRITERIA: A QUOTE MUST COMPLY WITH
ALL STANDARD PROVISIONS, PROVISIONS, CLAUSES, AND ADDRESS SECTIONS F-M OF
THE SOLICITATION TO BE DEEMED TECHNICALLY ACCEPTABLE. ALL PORTIONS OF THE
SOLICITATION SHOULD BE CAREFULLY REVIEWED FOR ALL MANDATED REQUIREMENTS
OUTLINED WITHIN THE STANDARD PROVISIONS AND DOCUMENTATION REQUESTED AS
FOUND IN SECTION M AND AFFILIATED ATTACHMENTS. QUOTATIONS MUST INCLUDE
ALL REQUIRED DOCUMENTS AND RESPONSES INDICATED FROM THESE STANDARD
PROVISIONS, PROVISIONS, CLAUSES, SECTION M, AND AFFILIATED ATTACHMENTS
TO BE CONSIDERED TECHNICALLY ACCEPTABLE AND/OR ELIGIBLE FOR AWARD. IN
RESPONSE TO THIS IQO SOLICITATION, NO TERMS, CONDITIONS, OR ASSUMPTIONS WILL
BE ENTERTAINED. IF TERMS, CONDITIONS, AND/OR ASSUMPTIONS ARE INCLUDED IN
A QUOTATION, THE QUOTATION MAY BE EXCLUDED ON GROUNDS THAT IT FAILED TO
COMPLY WITH THE IQO SOLICITATION INSTRUCTIONS.
9. EVALUATION CRITERIA: IN ADDITION TO THE PROCEDURES OUTLINED IN DITCO
ADDITIONAL TELECOMMUNICATIONS TEXT 22, TECHNICAL EVALUATION TEAM MEMBERS
WILL INCLUDE GOVERNMENT PERSONNEL AND MAY INCLUDE GOVERNMENT'S
CONTRACTED ADVISORS. GOVERNMENT PERSONNEL WILL MAKE THE FINAL
DETERMINATION OF TECHNICAL ACCEPTABILITY.
10. IF THERE ARE QUESTIONS REGARDING SITE SURVEYS OR SITE INFORMATION PLEASE
CONTACT THE CONTRACT SPECIALIST LISTED ON THIS SOLICITATION PRIOR TO THE
QUOTE DUE DATE.
***NOTE: THE CONTRACTOR MUST PROVIDE TSR, CCSD OR CSA IN ALL CORRESPONDENCE
INCLUDING WHEN DELIVERING CIRCUIT TO SITE POC 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: TSP0H3L46-01
D. DEMANDER'S CODE:
E. SERVICE DATE (MM/DD/YYYY): 7/21/2026
F. TYPE OF CIRCUIT:
1. BANDWIDTH/DATA RATE: 50 Megabits Per Second
2. SIGNALING MODE: No Signaling
G. LOCATION OF TERMINATION A:
1. ADDRESS: DISA DECC BLDG 3085450 CARLISLE PIKEMECHANICSBURG, PA 17050
2. ROOM: RM 203
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: RJ-45
3. DEMARK: (BLDG) 308, DISA DECC, (RM) 203, (FL) UNKNOWN, (ADDR)
5450 CARLISLE PIKE MECHANICSBURG, PA 17050
4. NPA/NXX: 717/605
5. UNIQUE INSTALLATION FACTORS: COML ACCESS: WILL NOT LEAK - CAT 5
6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: CPIWI-YES/CPIWM-YES
7. CONTACT: CONTACT INFORMATION WILL BE PROVIDED AT TIME OF AWARD
I. TERMINATION EQUIPMENT A: CISCO ROUTER (GFE)
J. LOCATION OF TERMINATION B:
1. ADDRESS: US EMBASSY#2 GABRIELPARIS 75008
2. ROOM: BASEMENT LEVEL
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: RJ-45
3. DEMARK:
4. NPA/NXX:
5. UNIQUE INSTALLATION FACTORS: COML ACCESS: WILL NOT LEAK - CAT 5
6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: CPIWI-YES/CPIWM-YES
7. CONTACT: CONTACT INFORMATION WILL BE PROVIDED AT TIME OF AWARD
L. TERMINATION EQUIPMENT B: CISCO ROUTER (GFE)
M. ADDITIONAL INFORMATION:
1. DITCO CSA NUMBER:
2. BASIC AGREEMENT NUMBER: TBD
3. TSR NUMBER: DO07JAN260072
4. CCSD: WVPRZCE0
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:
11. GOVERNMENT ACCEPTANCE ACTIVITY: DISA-NOSC/
12. SECURITY/ REQUIREMENTS:
13. SITE ACCESS REQUIREMENTS:
14. DITCO STANDARD PROVISIONS: Incorporated in full text below
V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 2/11/2026 4:00 PM America/Chicago
Z. DITCO CONTACT:
Shawn Arentsen
618-418-6230 shawn.m.arentsen.civ@mail.mil
Haley Guttersohn
DITCO Contracting Officer
618-418-6774 haley.l.guttersohn.civ@mail.mil
Standard Provisions
Clauses Incorporated By Reference
FAR Clause # Title Date
252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023
52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and
Disclosures.
DEC 2023
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.
Addendum – 01 - Controlling Information - APRIL 2022 Notwithstanding any verbiage in the Terms or any related documentation, DISA's Field Element are not prohibited from meeting their disclosure and records obligations under federal law, regulations, and policy, including the transfer of records to the
National Archives and Records Administration (NARA). The contractor acknowledges that the Government is subject to disclosure requirements such as the Freedom of Information Act and FAR 3.104-4. It is the responsibility of the contractor to be cognizant of the laws and appropriately mark materials.
All information provided by, or reflecting the activities of, DISA's Field Element will be considered confidential regardless of marking or lack thereof. The contractor agrees, in the performance of this order, contract, or agreement to keep the information contained in the source documents, or otherwise furnished by or reflecting the activities of the Government, in the strictest confidence, said information being the sole property of DISA's Field Element. The contractor also agrees not to publish, reproduce, or otherwise divulge such information, in whole or in part, in any manner or form, nor authorize or permit others to do so, taking reasonable measures to restrict access to the information while in its possession to those employees who must have the information to perform work on the order, contract, or agreement (i.e., a "need-to-know" basis). The contractor agrees to immediately notify DISA's Field Element in writing in the event the contractor determines, or has reason to suspect, a breach of confidentiality. DISA's Field Element retain full legal control over any DISA's Field Element information and records submitted by it to the contractor, or reflecting the activities of DISA's Field Element. DISA's Field Element may, to the extent permitted by law, modify such information or request that it be withdrawn from the contractor's files and systems. Such information, to the extent permitted by law, shall not become part of contractor records.
If the contractor receives a request for DISA's Field Element information, or a request to which DISA's Field Element information would be responsive, the contractor shall not provide DISA's Field Element information in response to the request and shall instead refer the request in writing to DISA's Field Element. If the requests concerns DISA's Field Element's Mission Partner information, DISA's Field Element will inform DISA's Field Element's Mission Partner, which will address the request in accordance with applicable law. Requests included within this paragraph include, but are not limited to, Freedom of Information
Act (FOIA) requests, Congressional requests and litigation-related requests.
All information regarding the procedures developed under this order, contract, or agreement must be regarded as sensitive information by the contractor and not to be disclosed to anyone outside the contractor's organization without the written permission of DISA's Field Element. Under no circumstances shall the contractor transfer or store DISA's Field Element or
DISA's Field Element's Mission Partner or DISA's Field Element or DISA's Field Element's Mission Partner Affiliated information or data outside of the United States.
DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 01 - DITCO Basic Agreement - DEC
To be eligible to receive any Order or Circuit Demand resulting from this Inquiry, Contractor/Telecommunications Provider (TP) shall have a DITCO Basic Agreement (BA) signed by both the Government and the Contractor. See Federal Acquisition
Regulation 16.702 -- Basic Agreements. The DITCO BA contains additional terms and conditions that shall be incorporated into any Order or Circuit Demand by reference. Contractor/TP shall identify its assigned DITCO BA number (e.g., HC10XXXXHXXXX) in its quote.
Contractors/TPs that do not have a current DITCO BA must execute one with the appropriate DITCO Office prior to submitting any quotes. In order to establish a BA with the appropriate DITCO Office, Contractor/TPs must follow the instructions below.
DITCO Europe Basic Agreements: Contractor/TPs must review the instructions located at https://depsland.csd.disa.mil/html/vendor/europebasicagreement.html and email their organizational information as registered in
SAM.gov to disa.stuttgart.ditco.mbx.pl5@mail.mil. DITCO Europe will validate the Contractor/TP organizational information and take all steps necessary to establish a BA. Any questions concerning the DITCO Europe BA may be emailed to disa.stuttgart.ditco.mbx.pl5@mail.mil.
DITCO U.S. Basic Agreements: Contractor/TPs must review the instructions located at https://depsland.csd.disa.mil/html/vendor/basicagreement.html and email their organizational information as registered in
SAM.gov to email address disa.scott.ditco.mbx.basic-agreements@mail.mil. DITCO-Scott will validate the Contractor/TP organizational information and take all steps necessary to establish a BA. Any questions concerning the DITCO U.S. BAs may be emailed to disa.scott.ditco.mbx.basic-agreements@mail.mil.
ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND," and provide the
Contractor/TP's current BA number.
DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 02 - Understanding of DITCO IQO
Acquisition Deskbook - DEC 2022 Contractor/Telecommunications Provider (TP) acknowledges it has read and understands the current published "DITCO
Inquiry/Quote/Order (IQO) Acquisition Deskbook" version 8.0 available from the DISA Procurement Directorate web site https://www.ditco.disa.mil/. Contractor agrees that the most recent DITCO Additional Telecommunications Text as set forth in this order take precedent over any conflicting terms and conditions in the Basic Agreement.
ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND."
DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 03 - Tariff Information - DEC 2022 A. The prices agreed upon at time of award shall be either firm fixed price or the prices the Contractor/Telecommunications
Provider (TP) has filed or may file in applicable tariffs with the appropriate regulatory authority.
B. The Contractor/TP shall indicate whether service will be provided under a filed tariff or a tariff to be filed with the Federal
Communications Commission (FCC), Public Utilities Commission (PUC), or other regulatory authority as applicable.
(1) If the prices contained in the Contractor/TP's quote are under existing tariffs, these prices shall be footnoted to indicate the applicable tariff, section, paragraphs(s) and page number(s) with their revision number.
(2) If the prices contained in the Contractor/TP's quote are not filed tariffs, state whether they are to be added to
Contractor/TP's existing tariffs (provide tariff number).
(3) If the prices are to be filed as a special tariff, a copy of the proposed special tariff shall be provided to DITCO electronically along with the quote or, in the event that it cannot be provided, the proposed special tariff page(s) shall be sent separately to the
DITCO Contract Specialist or Contracting Officer. Absence of the special tariff page(s) with the quote shall not be considered as non-responsive; however, page(s) should be received within five days after receipt of the quote.
C. Any tariff that contains a provision with a minimum service period will not be allowed. Quotes containing tariffs with such a minimum service period must have that period portion of the tariff waived in order to be considered for evaluation.
D. Any quote which contains a rate reduction from the existing approved rate must include a statement as to which rate will apply (i.e., for billing purposes) effective on the date of service. No further documentation is required if the reduced rate will be filed in a tariff beginning on the service date. If, however, the reduced rate cannot be billed until after regulatory authority approval, the quote should state 1) by what date the company would expect to obtain approval (and commensurate billing begin) and 2) what assurance can be provided to suggest the validity of that projected bill.
E. Should an Order be issued based on a quote containing a proposed rate reduction from the existing tariff (domestic or foreign) and that proposed rate reduction is later disapproved, resulting in that quote no longer being low, the government has the right to cancel/terminate the Order at no costs to the Government.
F. In advance of any tariff change applicable to this contract, the Contractor shall provide electronic notification, with the tariff transmittal and accompanying pages., to the DITCO Contracting Office. Email shall include the subject line: "Tariff Transmittal".
ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND/WILL COMPLY" and provide requested tariff documents with the quote, including the name of the foreign telecommunications provider with whom
Contractor has an operating agreement, if applicable.
DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 04 - Quote/Proposal Preparation -
DEC 2022
Contractor/Telecommunications Provider (TP) shall identify their legal business name, UEI number, and CAGE code on all quotes/proposals submitted for consideration. Contractor/TP quote/proposal shall respond to each paragraph of this
Inquiry/Solicitation separately and to each subparagraph under section M (additional information) separately, if applicable.
Contractor/TP shall agree to satisfy all technical aspects of the Inquiry/Solicitation. Any technical aspects of the
Inquiry/Solicitation that the Contractor/TP is unable or unwilling to satisfy shall be addressed by the Contractor/TP.
Contractor/TP shall indicate in its quotation/proposal the number of days service can be provided after receipt of an Order or
Circuit Demand (XX days after receipt of order).
All charges quoted/proposed shall be understood to be firm fixed price (FFP) for the life of the contract. FFP quotes/proposals must account for all applicable charges (e.g., charges from Subcontractors or other Contractors/TPs, taxes, surcharges, universal service fund, fees, etc.), and these charges may not be billed separately. All charges shall state quantity and costs per unit as non-recurring charges (NRC) and monthly recurring charges (MRC). Charges not included in the quote/proposal shall not be added to subsequent invoices, and U.S. Government shall not be obligated to pay charges that are not specified in the quote/proposal and authorized in the resultant Order or Circuit Demand. A Contractor's/TP's quote/proposal may be determined unacceptable if the quote/proposal takes exception to any of the terms of the Inquiry/Solicitation, if the quote/proposal fails to meet any requirements, or if the quote/proposal presents any ambiguity or uncertainty regarding the Contractor's/TP's intention to meet requirements.
Quotes/proposals must clearly state up front whether the quote/proposal contains tariff charges. Tariff charges must be listed at time of quotation/proposal, all other charges are considered FFP. Charges required by tariffs must be identified and labeled in the quote/proposal in accordance with DITCO Additional Telecommunications Text 3, Tariff Information.
All quotes shall be provided in English.
ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND, WILL COMPLY" and provide the required information.
DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 07 - Contractor Monitoring and
Trouble Reporting - DEC 2022 Contractor/Telecommunications Provider (TP) shall utilize its existing Network Operations Centers (NOCs) to monitor and manage the performance of this service 24 hours a day/7 day a week/365 days a year including holidays and weekends
(24/7/365) to ensure that services are delivered and maintained in accordance with the contract/order. The Contractor/TP shall provide the Government its 24/7/365 trouble reporting number to assist with troubleshooting technical issues.
ACCEPTABLE TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND," and provide contractor trouble reporting number.
DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 12 - One-Stop-Shopping/End-to-End
Service - DEC 2022 U.S. Government's preference is to obtain this service on a "One-Stop-Shopping" (OSS) or end-to-end service basis. Under an
OSS or end-to-end arrangement, Contractor/Telecommunications Provider (TP) receiving this contract shall have total responsibility for end-to-end technical sufficiency and invoicing (i.e., end-to-end provisioning, restoral/maintenance, and invoicing) for entire service.
ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND"
DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 13 - Service Extensions - DEC 2022 This telecommunications service shall be provided on an end-to-end basis, to include all facilities required to extend this service from Contractor/Telecommunications Provider (TP) provided commercial communications interface point to termination location
(i.e., inside wire, etc.). Installation, provision, and maintenance of such service extensions shall be provided as firm fixed prices and be included in Contractor's/TP's quote as non-recurring charge (NRC) and/or monthly recurring charge (MRC), as applicable. Such service extension charges will be considered in the evaluation of quotes. Quotes containing other than firm fixed price charges for installation, provision, and maintenance of service extensions may be excluded from consideration for award. The U.S. Government shall not be obligated to pay charges which are not specified in the quote and authorized in resultant Order. Contractor/TP receiving this contract shall have total responsibility for end-to-end technical sufficiency (i.e., end-to-end provisioning and restoral/maintenance) for entire telecommunication service.
ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND," and provide service extension NRC and/or MRC in quote.
DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 16 - Small Business Set Aside -
DEC 2022
This acquisition is 100 percent set aside for the following small business category:
_X_ Small Business
___ Section 8(a)
___ Historically Underutilized Business Zone (HUBZone) Small Business
___ Service-Disabled Veteran-Owned Small Business
___ Women-Owned Small Business (WOSB) Eligible Under WOSB Program Set-Aside
___ Economically Disadvantaged Women-Owned Small Business
___ Other Set-Aside (cite authority e.g., FAR 26.202-1 or 6.208; or DFARS 226.71)
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