HC101923QA026.v1.pdf

IQO INQUIRY

FM: PL73

TO: Contractors

DATE (MM/DD/YYYY): 7/11/2023

SUBJECT: HC101923QA026

A. TYPE ACTION: START

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

DEDICATED WIRELESS INTERNET SERVICE TO 850 TICONDEROGA STREET, J B P H H,

PEARL HARBOR, HAWAII 96860.

2. CONTRACTOR / TELECOMMUNICATIONS PROVIDER (TP) IS RESPONSIBLE FOR READING

AND COMPLYING WITH ALL TECHNICAL ASPECTS OF THIS SOLICITATION, TO INCLUDE

READING AND AGREEING WITH THE STANDARD PROVISIONS, ATTACHMENTS LISTING

SPECIFIC TECHNICAL REQUIREMENTS, PRICE QUOTE REQUIREMENTS, AND REQUESTED

SERVICE DATE. FAILURE TO READ AND ADHERE TO ANY PORTION OF THE INQUIRY

SHALL RENDER THE QUOTE NON-COMPLIANT AND RESULT IN IT BEING EXCLUDED FROM

EVALUATION AND AWARD.

3. THE SERVICE DATE TO BE MET IS: 27 SEPTEMBER 2023 SOONER IF POSSIBLE (SIP).

THE GOVERNMENT ASSUMES THAT CONTRACTOR/TP’S HAVE CONSIDERED ALL ISSUES

THAT MAY IMPACT THE SERVICE DATE. THE GOVERNMENT MAY CANCEL, TERMINATE,

OR REQUEST CONSIDERATION IAW DITCO ADDITIONAL TELECOMMUNICATIONS TEXT 42

FOR FAILURE TO MEET CONTRACTUAL SERVICE DATE OR COMPLY WITH ANY CONTRACT

TERMS OR CONDITIONS.

4. REQUESTING QUOTE FOR 60 MONTHS. QUOTES FOR 36 MONTHS MAY BE ACCEPTED.

NO BASIC TERMINATION LIABILITY WILL BE ACCEPTED. IF BTL CHARGES ARE IDENTIFIED,

THE QUOTE WILL BE CONSIDERED UNACCEPTABLE. CONTRACTOR/TP’S SHALL SUBMIT

QUOTES IAW DITCO ADDITIONAL TELECOMMUNICATIONS TEXT 04. QUOTES SHALL

INCLUDE SUFFICIENT DETAIL FOR EFFECTIVE EVALUATION. QUOTE MUST PROVIDE

CONVINCING RATIONALE TO ADDRES SHOW CONTRACTOR/ TP INTENDS TO MEET THE

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

UPON THE GOVERNMENT, NOR ASSUMPTIONS WILL BE ACCEPTED.

5. CONTRACTOR/TPS MAY SUBMIT QUESTIONS AND REQUEST CLARIFICATION OF THE

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

TO CONTRACT SPECIALIST AND CONTRACTING OFFICER NO LATER THAN 0700 HAWAII

STANDARD TIME (HST) ON 18 JULY 2023. RESPONSES FOR ALL INTERESTED PARTIES WILL

BE POSTED TO CONTRACT OPPORTUNITIES (sam.gov.)

6. QUOTES SHALL BE SUBMITTED BY ELECTRONIC MAIL TO: disa.jbphh.ditco.mbx.iqo@mail.mil

NO LATER THAN: 1100 HAWAII STANDARD TIME (HST) ON 24 JULY 2023.

7. THE FOLLOWING CLAUSE IS INCORPORATED BY REFERENCE AND IS ADDED TO SECTION

G:

HC101923QA026

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION.

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:

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 9/27/2023

F. TYPE OF CIRCUIT:

1. BANDWIDTH/DATA RATE: 100 Megabits Per Second

2. SIGNALING MODE: No Signaling

G. LOCATION OF TERMINATION A:

1. ADDRESS: Building: 150Address850 TICONDEROGA STREET, PEARL HARBOR, HAWAIICityJ B P H HStateHI96860

2. ROOM:

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:

3. DEMARK:

4. NPA/NXX: 808/473

5. UNIQUE INSTALLATION FACTORS:

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED:

7. CONTACT: Primary POC: user

Mr. WADSACK, JEREMIAH

Agency

NAVY

U.S. Navy (USN)

USN

Organization

NAVY-CNRH

Commander, Naval Region Hawaii

Address

661 COE STREET, PEARL HARBOR, HI, 96860, US

City

J B P H H

State

HI

96860 jeremiah.s.wadsack.civ@us.navy.mil

UNCLASSIFIED

Type: ORG

DSN: 315 473 4476

Memo: DSN: (315) 473-4476;

I. TERMINATION EQUIPMENT A:

J. LOCATION OF TERMINATION B:

1. ADDRESS: Building: 150Address850 TICONDEROGA STREET, PEARL HARBOR, HAWAII CityJ B P H HStateHI96860

2. ROOM:

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:

3. DEMARK:

4. NPA/NXX:808/473

5. UNIQUE INSTALLATION FACTORS:

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED:

7. CONTACT: Primary POC: user

Mr. WADSACK, JEREMIAH

Agency

NAVY

U.S. Navy (USN)

USN

Organization

NAVY-CNRH

Address

661 COE STREET, PEARL HARBOR, HI, 96860, US

City

J B P H H

State

HI

96860 jeremiah.s.wadsack.civ@us.navy.mil

UNCLASSIFIED

Type: ORG

DSN: 315 473 4476

Memo: DSN: (315) 473-4476;

L. TERMINATION EQUIPMENT B:

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: NA11APR235258

4. CCSD:

5. DIVERSITY REQUIREMENTS:

6. LOCATIONS TO BE AVOIDED:

7. TRANSMISSION MEDIA TO BE AVOIDED:

8. NETWORKS TO BE AVOIDED:

9. CIRCUIT PARAMETERS:

10. TESTING REQUIREMENTS:

11. GOVERNMENT ACCEPTANCE ACTIVITY:

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): 7/24/2023 11:00 AM Pacific/Honolulu

Z. DITCO CONTACT:

Wayne Leu

Not Applicable wayne.t.leu.civ@mail.mil

Darlene K. Arakaki

DITCO Contracting Officer

808-786-9314 darlene.k.arakaki.civ@mail.mil

Section G - Contract Administration Data

Included Clauses

G1 - Points of Contact - MAY 2022

Communications with the Contractor will be conducted with the identified Point(s) of Contact (POC). Should a change in POC be required, the Contractor shall initiate this request through notification to the Contracting Officer.

Contracting Officer

Name: Darlene Arakaki

Organization/Office Symbol: Phone No.: DITCO-Pac, PL72, 808-786-9314

E-Mail Address: darlene.k.arakaki.civ@mail.mil

Contract Specialist

Name: Wayne Leu

Organization/Office Symbol: Phone No.: DITCO-Pac, PL72, 808-786-9360

E-Mail Address: wayne.t.leu.civ@mail.mil

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

Name:

Organization/Office Symbol: Phone No.:

E-Mail Address:

Contractor Point of Contact

Contractor Legal Business Name:

UEI:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Standard Provisions

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

Equipment or Services—Representation - DEC 2019

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

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

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

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

(End of provision)

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

Equipment or Services—Representation - MAY 2021

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Equipment or Services - JAN 2023 Definitions. As used in this clause--

"Covered defense telecommunications equipment or services" means--

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

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Covered foreign country" means--

(1) The People's Republic of China; or

(2) The Russian Federation.

"Covered missions" means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

"Critical technology" means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms

Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

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

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

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

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

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

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

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

73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50

U.S.C. 4817).

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

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104 .

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

(d) Reporting.

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

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

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

(End of clause)

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.

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 - 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 - 17 - Submission of

Quotes/Proposals - DEC 2022 Due date for quotes/proposals in response to this Inquiry/Solicitation is found in Paragraph V. DITCO's required method of receiving quotes/proposals is via Integrated Defense Enterprise Acquisition System (IDEAS) unless the Inquiry/Solicitation specifically authorizes the use of other electronic media. However, Contractors/Telecommunications Providers (TPs) without

IDEAS access may submit their quotes to the following address:

DITCO-Scott (IQO Section) disa.scott.ditco.mbx.pl8211@mail.mil

DITCO-Scott (PL8212 Section) disa.scott.ditco.mbx.pl8212@mail.mil

DITCO-Scott (Transport Section) disa.scott.ditco.mbx.eis-transport@mail.mil

DITCO-Scott EIS Individual Orders disa.scott.ditco.mbx.eis-individual-orders@mail.mil

DITCO-Pacific (Ford Is Office) disa.jbphh.ditco.mbx.iqo@mail.mil

DITCO-Pacific (Alaska Office) disa.jber.ditco.other.ditcoako@mail.mil

DITCO-Europe (PL51 Office) disa.stuttgart.ditco.mbx.pl511@mail.mil

DITCO-Europe (PL52 Office) disa.stuttgart.ditco.mbx.pl52@mail.mil

DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 21 - Quotes/Proposals Received

After Due Date and Withdrawals of Quotes/Proposals - DEC 2022 It is the responsibility of each Contractor/Telecommunications Provider (TP) to provide its quote/proposal (or any modification or revision) to the DITCO Contracting Office that issued the Inquiry/Solicitation by the quote/proposal due date. Accordingly, U.S.

Government is not obligated to consider any quote/proposal or revised quote/proposal received after the quote/proposal due date. Contractor/TP may withdraw its quote/proposal at any time prior to U.S. Government issuing an Order or Circuit Demand.

Upon receipt of a written quote/proposal withdrawal notification from a Contractor/TP, the quote/proposal will be withdrawn and eliminated from further consideration by U.S. Government.

DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 23 - Evaluation of Quotes/Proposals

- Technical and Price - DEC 2022 After receipt of quotations/proposals, the Government will first evaluate the lowest priced quotation/proposal. If the lowest priced quotation/proposal is determined to be technically acceptable and otherwise properly awardable, award will be made to that offeror. The Government reserves the right to evaluate only the lowest priced quotation/proposal or to conduct further evaluations of additional quotations/proposals. Quotes/proposals received in response to this Inquiry/Solicitation will be evaluated for technical acceptability and total price. Government contractor support may be utilized to analyze technical and price aspects of quotes/proposals submitted. The Government intends to issue an Order/Circuit Demand to the

Contractor/Telecommunication Provider (TP) whose quote/proposal is determined to be the lowest priced and technically acceptable. For evaluation purposes, total price will be determined by adding charges contained in the Quote (NRC, MRC, and any expedite charges) for the total not to exceed contract period (i.e., not to exceed service life or term, as appropriate).

The Government intends to evaluate quotations/proposals and award a contract without discussions. However, the Government reserves the right to conduct discussions or seek clarifications if the Contracting Officer (KO) determines they are necessary. If discussions are required, the number of quotations/proposals being competitively considered may be narrowed to the most highly rated quotations/proposals. The Government further reserves the right to reduce the number of quotations/proposals being competitively considered to the greatest number that will permit efficient competition among the most highly rated quotations/proposals. If an offeror's quotation/proposal is removed from further consideration for award, written notice of the removal will be provided to the offeror.

In the event issues pertaining to a proposed inquiry/solicitation cannot be resolved to the KO's satisfaction, the Government reserves the right to withdraw and cancel the proposed inquiry/solicitation. In such event, offerors will be notified in writing.

DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 27 - Approvals and Permits - DEC

Contractor/Telecommunications Provider (TP) receiving this contract shall be responsible for having or obtaining all approvals and permits necessary to provide this service for the life of the contract. The requirement that the TP obtain all approvals and permits is a contract administration issue. Inability of Contractor/TP to obtain any such approval or permit shall not be a valid basis for not meeting service date or providing service. Failure of a Contractor/TP to obtain any approval or permit necessary to provide this service may result in termination of this contract by U.S. Government for default at no cost to U.S. Government and/or receipt of a negative past performance rating.

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

DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 30 - Contract Period - DEC 2022 This telecommunications service contract shall continue on a month-to-month basis with a not to exceed date of_____________.

After this period the contract will be considered expired with no authority for service to continue unless the U.S. Government issues a modification to extend. Should service continue through the end of this contract period, no modification will be issued to authorize discontinuance of service. The minimum service period shall be one month. Accordingly, the U.S. Government may discontinue service, at no additional cost to U.S. Government. U.S. Government will provide Contractor/Telecommunications

Provider (TP) 30 days' notice prior to discontinuing service before the not to exceed period. Contractors shall consider the ability of the Government to discontinue service with 30 days' notice when determining the reasonableness of incurring any costs. See

DFARS 252.239-7007, Cancellation or Termination of Orders.

Quotes/Proposals that do not accept the minimum one-month service period may be excluded from the competition and found unacceptable. The U.S. Government may consider quotes/proposals with a minimum service period greater than one month, when the Contracting Officer determines it is to the benefit of the U.S. Government. Thus, a Contractor/Telecommunications

Provider (TP) may provide more than one quote/proposal; one at a rate that accepts the minimum one-month service period, and others at rates that propose a different minimum service period.

The Government reserves the right to re-solicit these contracted services prior to the end of the not to exceed contract period when commercial market pricing demonstrates these services become available at lower prices.

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

DITCO ADDITIONAL TELECOMMUNICATIONS TEXT - 33 - Notice of Completion - DEC

For non-DTI (Delivery Ticket Invoice) contracts/orders, Contractor/Telecommunications Provider (TP) shall provide a Notice of

Completion (NOC) to DITCO within 72 duty hours (based on 24-hour workday not including weekends and holidays) of delivering service/test results to U.S. Government acceptance activity. The customer then has an additional 72 duty hours to notify DITCO if they disagree that the service is complete.

For DTI contracts/orders, Contractor/Telecommunications Provider (TP) shall provide a NOC to DITCO within 72 duty hours of government acceptance in accordance with DITCO Additional Telecommunications Text 49.

A notice of completion must include the following information:

a. Contract number

b. Communication Service Authorization (CSA)/Order Number

c. DITCO TSR number

d. Description of service (purpose statement of each individual order/modification)

e. Contracted service date

f. Date Service/Test Results Delivered/Completion Date/Effective Billing Date

g. Date Government Accepted Service

h. Government POC name and title that accepted the service

i. Contractor circuit ID(s)

j. Local Exchange Company (LEC) circuit ID(s)

k. A listing by location (including rack, row, port, etc.) of any equipment installed on government premises

l. Prime Contractor's trouble reporting number

m. Contractor bill cycle end date (not applicable for DTI)

n. Quantity

o. Unit of Measure

p. Non-Recurring Cost (NRC) Price

q. Monthly Recurring Cost (MRC) Price

r. Contractor Program Manager information, name, signature, title, and date

Unless deviations are identified, the NOC will serve as Contractor/TP's confirmation that service was provided in accordance with the contract. A follow-up NOC will be required when deviations are cleared. Failure of Contractor/TP to provide notice of completion may result in delay in invoice payment. DITCO's preferred method of receiving a NOC is via Integrated Defense

Enterprise Acquisition System (IDEAS). However, Contractors/TPs without IDEAS access may submit their NOC via email to the applicable following address that issued the inquiry/solicitation:

DITCO-Scott (IQO Section) disa.scott.ditco.mbx.pl8211@mail.mil

DITCO-Scott (PL8212 Section) disa.scott.ditco.mbx.pl8212@mail.mil

DITCO-Scott (Transport Section) disa.scott.ditco.mbx.eis-transport@mail.mil

DITCO-Scott EIS Individual Orders…