HC101925QA043.v2.pdf

IQO INQUIRY

FM: PL73

TO: Contractors

DATE (MM/DD/YYYY): 8/15/2025

SUBJECT: HC101925QA043

A. TYPE ACTION: START

1. PURPOSE: 1. PURPOSE: START A 1GB DEDICATED SERVICE FROM T 88 CRATER

ACCESS ROAD, HONOLULU, HI TO 1942 GAFFNEY STREET, JBPHH, HI.

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 DITCO ADDITIONAL TELECOMMUNICATIONS

TEXT 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: AUGUST 29, 2025 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. CONTRACTOR/TPS MAY SUBMIT QUESTIONS AND REQUEST CLARIFICATION OF THE

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

THE CONTRACT SPECIALIST AND CONTRACTING OFFICER NO LATER THAN 1100 HAWAII

STANDARD TIME (HST) ON AUGUST 19, 2025. RESPONSES FOR ALL INTERESTED PARTIES

WILL BE POSTED TO CONTRACT OPPORTUNITIES (SAM.GOV).

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

NO LATER THAN: AUGUST 21, 2025, 0800 HAWAII STANDARD TIME (HST) .

6. 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 SHOW CONTRACTOR/ TP INTENDS TO MEET THE

REQUIREMENT. IN RESPONSE TO THIS SOLICITATION, CONTRACTOR/TP SHALL PROVIDE

DITCO ADDITIONAL TELECOMMUNICATIONS TEXT/CLAUSE RESPONSES AND SUBMIT

QUOTES IAW DITCO ADDITIONAL TELECOMMUNICATIONS TEXT/CLAUSES. NO TERMS OR

CONDITIONS PLACED UPON THE GOVERNMENT, NOR ASSUMPTIONS WILL BE ACCEPTED.

CONTRACTOR SHALL SUBMIT NOTICE OF COMPLETION (NOC) WITHIN 30 DAYS. If there are more than two locations, their information will be found in Attachment B to this Order.

B. ALLA NUMBER:

HC101925QA043

C. TSP AUTHORIZATION CODE/RESTORATION CODE: NA

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 8/29/2025

F. TYPE OF CIRCUIT:

1. BANDWIDTH/DATA RATE: 1 Gigabit

2. SIGNALING MODE: No Signaling

G. LOCATION OF TERMINATION A:

1. ADDRESS: See Attached Locations

2. ROOM: See Attached Locations

H. LOCAL PART A:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: See Attached Locations

2. INTERFACE: See Attached Locations

3. DEMARK: See Attached Locations

4. NPA/NXX: See Attached Locations

5. UNIQUE INSTALLATION FACTORS: See Attached Locations

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: See Attached Locations

7. CONTACT: See Attached Locations

I. TERMINATION EQUIPMENT A: See Attached Locations

J. LOCATION OF TERMINATION B:

1. ADDRESS: See Attached Locations

2. ROOM: See Attached Locations

K. LOCAL PART B:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: See Attached Locations

2. INTERFACE: See Attached Locations

3. DEMARK: See Attached Locations

4. NPA/NXX:See Attached Locations

5. UNIQUE INSTALLATION FACTORS: See Attached Locations

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: See Attached Locations

7. CONTACT: See Attached Locations

L. TERMINATION EQUIPMENT B: See Attached Locations

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: NA07JUL258306

4. CCSD: BATDKTR5

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: PERLHRBR/15/TCM/(DSN) 315-477-6718;

(CMCL) 808-477-6718

12. SECURITY/ REQUIREMENTS: Clearance Required, Escort Required

13. SITE ACCESS REQUIREMENTS:

14. DITCO STANDARD PROVISIONS: Incorporated in full text below

V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 8/21/2025 8:00 AM GMT

Z. DITCO CONTACT:

Jodie Onaga-Nuttall

667-890-7857 jodie.s.onaga-nuttall.civ@mail.mil

Ryan Lee

DITCO Contracting Officer

Not Applicable ryan.g.lee.civ@mail.mil

Attachment A - Locations

LOCATION OF TERMINATION A:

ADDRESS: T 88 CRATER ACCESS ROAD

HONOLULU, HI, 96818

ROOM: 4; 1 FL

TERMINATION EQUIPMENT: (CUSTOMER EQUIPMENT)

FACILITY CODE: 8CP

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

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

DEMARK:

NPA/NXX: 808/474

UNIQUE INSTALLATION FACTORS: CUSTOMER WILL EXTEND TO THE COMMERCIAL DESIGNATED PATCH PANEL.

INSIDE WIRE INSTALLATION / MAINTENANCE REQUIRED:

CONTACT: (PMRY POC) MR. DEVON TERAYAMA;

DEVON.T.TERAYAMA.CIV@US.NAVY.MIL;

(CMCL) 808-237-9084

(ALT POC) MR. LEIGHTON VILLANUEVA;

LEIGHTONKYLE.A.VILLANUEVA.CIV@US.NAVY.MIL;

(CMCL) 808-603-6268

LOCATION OF TERMINATION B:

ADDRESS: T 88 CRATER ACCESS ROAD

HONOLULU, HI 96818

ROOM: 4; 1 FL

TERMINATION EQUIPMENT: COMMERCDIAL TIE POINT

FACILITY CODE: 8SD

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

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

DEMARK:

NPA/NXX: 808/474

UNIQUE INSTALLATION FACTORS:

INSIDE WIRE INSTALLATION / MAINTENANCE REQUIRED:

CONTACT: (PMRY POC) MR. DEVON TERAYAMA;

DEVON.T.TERAYAMA.CIV@US.NAVY.MIL;

(CMCL) 808-237-9084

LOCATION OF TERMINATION C:

ADDRESS: 1942 GAFFNEY STREET, BUILDING 475

JBPHH, HI 96860

ROOM: SERVER; 3 FL

TERMINATION EQUIPMENT: COMMERCIAL INTERFACE

FACILITY CODE: 8SD

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

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

DEMARK:

NPA/NXX: 808/473

UNIQUE INSTALLATION FACTORS:

INSIDE WIRE INSTALLATION / MAINTENANCE REQUIRED:

CONTACT: (PMRY POC) MR. YAMASHITA MARK;

MARK.T.YAMASHITA.CIV@US.NAVY.MIL;

(DSN) 315-473-2836

(ALT POC) CIVILIAN GORDON ASHIMINE;

GORDON.H.ASHIMINE.CIV@US.NAVY.MIL;

(CMCL) 808-473-0677

LOCATION OF TERMINATION D:

ADDRESS: 1942 GAFFNEY STREET BUILDING 475

JBPHH, HI 96860

ROOM: SERVER; 3 FL

TERMINATION EQUIPMENT: CUSTOMER EQUIPMENT)

FACILITY CODE: 8CP

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

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

DEMARK:

NPA/NXX: 808/473

UNIQUE INSTALLATION FACTORS: CUSTOMER WILL EXTNED TO THE COMMERCIAL DESIGNATED PATCH PANEL.

INSIDE WIRE INSTALLATION / MAINTENANCE REQUIRED:

CONTACT: (PMRY POC) MR. YAMASHITA MARK;

MARK.T.YAMASHITA.CIV@US.NAVY.MIL;

(DSN) 315-473-2836

(ALT POC) CIVILIAN GORDON ASHIMINE;

GORDON.H.ASHIMINE.CIV@US.NAVY.MIL;

(CMCL) 808-473-0677

Section G - Contract Administration Data

Included Clauses

G1 - Points of Contact - FEB 2025

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: Ryan Lee

Organization/Office Symbol: DITCO-Pacific/PS72

Phone No.: 667-891-4015

E-Mail Address: ryan.g.lee.civ@mail.mil

Contract Specialist

Name: Jodie Onaga-Nuttall

Organization/Office Symbol: DITCO-Pacific/PS72

Phone No.: 667-890-7857

E-Mail Address: jodie.s.onaga-nuttall.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:

Property Administration (Note: Required for all DISA Contracts with GFP, remove if N/A)

Organization/Office Symbol: Facilities and Logistics (J4), Industrial Property Branch

E-Mail Address: disa.meade.j4.mbx.industrial-property@mail.mil

Property Administrator Assignments: https://dod365.sharepoint-mil.us/sites/DISA-IndustrialProperty/SitePages/Industrial-

Property-Contract-Links.aspx?csf=1&web=1&e=PhzJBs&CID=fc41f3d3-7613-4f80-a44b-6c9950d4d66e&OR=Teams-

HL&CT=1727881510489&clickparams=eyJBcHBOYW1lIjoiVGVhbXMtRGVza3RvcCIsIkFwcFZlcnNpb24iOiI0OS8yNDA4MTcw

MDQyNiIsIkhhc0ZlZGVyYXRlZFVzZXIiOmZhbHNlfQ%3D%3D

Property Administration (Note: Required when a Non-DISA PA is appointed to a contract with GFP, remove if N/A)

Name:

Organization/Office Symbol:

Phone No.:

E-Mail Address:

Contractor Point of Contact (Note: To be filled in upon contract award)

Contractor Legal Business Name:

UEI:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Standard Provisions

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

Equipment or Services—Representation - DEC 2019

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

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

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

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

(End of provision)

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

Equipment or Services—Representation - MAY 2021

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Covered defense telecommunications equipment or services" means--

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

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

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

"Covered foreign country" means--

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

(2) The Russian Federation.

"Covered missions" means--

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

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

"Critical technology" means--

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

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

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

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

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

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

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

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

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

73 of title 42 of such Code; or

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

U.S.C. 4817).

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

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

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

(d) Reporting.

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

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

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

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

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

(End of clause)

252.204-7024 - Notice on the Use of the Supplier Performance Risk System - MAR 2023

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

"Item risk" means the probability that a product, based on intended use, will introduce performance risk resulting in safety issues, mission degradation, or monetary loss.

"Price risk" means a measure of whether a proposed price for a product or service is consistent with historical prices paid for that item or service.

"Supplier risk" means the probability that an award may subject the procurement to the risk of unsuccessful performance or to supply chain risk (see Defense Federal Acquisition Regulation Supplement 239.7301).

(b) The Supplier Performance Risk System (SPRS), available at https://piee.eb.mil/, will be used in the evaluation of the Quoter or Offeror's performance. SPRS retrieves item, price, quality, delivery, and contractor information on contracts from Government reporting systems in order to develop risk assessments.

(c) The Contracting Officer will consider SPRS risk assessments during the evaluation of quotations or offers received in response to this solicitation as follows:

(1) Item risk will be considered to determine whether the procurement represents a high performance risk to the Government.

(2) Price risk will be considered in determining if a proposed price is consistent with historical prices paid for a product or a service or otherwise creates a risk to the Government.

(3) Supplier risk, including but not limited to quality and delivery, will be considered to assess the risk of unsuccessful performance and supply chain risk.

(d) SPRS risk assessments are generated daily. Quoters or Offerors are able to access their risk assessments by following the access instructions in the SPRS user's guide available at https://www.sprs.csd.disa.mil/reference.htm. Quoters and Offerors are granted access to SPRS for their own risk assessment classifications only. SPRS reporting procedures and risk assessment methodology are detailed in the SPRS user's guide. The method to challenge a rating generated by SPRS is also provided in the user's guide. SPRS evaluation criteria are available at https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf.

(e) The Contracting Officer may consider any other available and relevant information when evaluating a quotation or an offer.

252.239-7098 - Prohibition on Contracting to Maintain or Establish a Computer Network

Unless Such Network is Designed to Block Access to Certain Websites—Representation

(Deviation 2021-O0003) - APR 2021

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other

Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does not limit the use of funds necessary for any

Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or establish a computer network unless such network is designed to block access to pornography websites.

52.204-24 - Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment - NOV 2021 The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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

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

(d) Representation. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment - NOV 2021

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered Telecommunications Equipment or Services means-

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

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera

Communications Corporation, Hangzhou Hikvision Digital Technology company, or Dahua Technology company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the Government of a Covered foreign country.

critical technology means-

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

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

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

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

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

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

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

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

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

(50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of Covered Telecommunications Equipment or Services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain national defense authorization Act for fiscal year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a substantial or essential component of any system, or as critical technology as part of any system. The contractor is prohibited from providing to the Government any equipment, system, or service that uses Covered Telecommunications

Equipment or Services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain national defense authorization Act for fiscal year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses Covered Telecommunications Equipment or

Services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of Covered Telecommunications Equipment or Services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements;

or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the contractor identifies Covered Telecommunications Equipment or Services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph

(d)(2) of this clause to the contracting officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the contractor shall report to the contracting officer for the indefinite delivery contract and the contracting officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier Unique Entity Identifier (if known); supplier Commercial and Government Entity

(CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of Covered Telecommunications Equipment or Services, and any additional efforts that will be incorporated to prevent future use or submission of Covered Telecommunications Equipment or Services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

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

Disclosures. - DEC 2023

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

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

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

Chain Security Act Orders--Prohibition.

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

Orders--Prohibition.

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

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

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

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

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

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

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

(4) Brand;

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

(6) Item description;

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

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

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.