- Additional Contract Requirements Attachment

Additional Contract Requirements In Accordance With 2019 NDAA, Signed August 14, 2018

A critical element of our national security is the security of America's communications networks.

Threats to the security of our nation's communications networks posed by certain telecommunications equipment or service providers are a matter of concern as reflected in both Executive Branch regulations and Congressional legislation.

In order to protect against national security threats to our nation's communication networks, and comply with federal law, DISA will not procure, obtain, extend, or renew 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 term "covered telecommunications equipment or services" is defined in the National Defense Authorization Act (“2019 NDAA”), Pub. L. 115-232, Sec. 889, and, among others, includes telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). However, as indicated in the 2019 NDAA, the above prohibition does not prohibit the U.S. Government from contracting with an entity providing a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements. For the purposes of this solicitation, interconnection arrangement means that the prime Contractor/Telecommunications Provider (TP)’s solution links its own 2019 NDAA compliant circuit/network through an entrance facility, to a third-party TP’s circuit/network to deliver telecommunications service between the prime Contractor/TP’s customers and the third-party TP’s customers. Backhaul means the Contractor/TP’s solution links its own 2019 NDAA compliant circuit/network through an entrance facility, to a third-party TP’s circuit/network, and uses a portion of the third-party TP’s circuit/network for delivery of service that again connects to the prime Contractor/TP’s network/customers. See e.g., Pac. Bell Tel. Co. v. Cal. PUC, 621 F.3d 836, 842 (9th Cir.

2010).

In order to be eligible for (contract) award, contractor/Telecommunications Provider (TP) must certify in writing in its quote/proposal the following:

1. Not including backhaul, roaming, or interconnection arrangements with third parties, Contractor/TP does not propose any solution 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, or the Contractor/TP has obtained a waiver in accordance with the 2019 NDAA.

2. Telecommunications equipment the Contractor/TP may use for providing the service proposed is not from a "covered foreign country".

3. For the service requested in this solicitation, Contractor/TP does not produce or provide "covered telecommunications equipment or services".

4. Even if the prime Contractor/TP’s solution relies upon the exception of backhaul, roaming, or interconnection arrangements for delivery of some portion of the circuit/network, the solution will not use Telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation (or any subsidiary or affiliate of such entities), or other covered telecommunications equipment/service on U.S. Government camps/posts/stations, or that directly connects to U.S. Government facilities.

During evaluation and administration of any resulting contract, the Government may consult other sources to determine whether the Contractor/TP is in compliance with the certification. Furthermore, the Government may inspect the Contractor/TP's equipment or services in accordance with the terms of the contract/ order that will result from this contracting opportunity. Failure to comply with the certification may result in termination of the contract for default or cause. If the Government determines that the security risks caused by the Contractor/TP's failure to comply with the certification can be eliminated or significantly reduced, then the Government shall require the contractor to take all necessary measures to mitigate such risks. Mitigation measures shall include removal and replacement of "covered telecommunications equipment" at no cost to the Government.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE:

A STATEMENT SIGNED BY A COMPETENT CONTRACTOR/TP REPRESENTATIVE, SUBSTANTIALLY IN THE FORM: “I HAVE READ AND REVIEWED THE 2019 NDAA. I CERTIFY THAT THE SUBMITTED PROPOSAL(S)

IS/ARE COMPLIANT WITH THE FOUR AFOREMENTIONED ELEMENTS AS LISTED ABOVE; I AM

THEREFORE, ELIGIBLE FOR CONTRACT AWARD. THIS STATEMENT SERVES AS MY CERTIFICATION FOR

MEETING THE REQUIREMENTS OF THE 2019 NDAA.”