HC102119QA117-0006 Amendment Package.pdf

IQO INQUIRY

FM: PL52

TO: Contractors

DATE (MM/DD/YYYY): 5/14/2020

SUBJECT: HC102119QA117-0006 Amend: 0006

A. TYPE ACTION: ADMIN AMEND

1. PURPOSE: The purpose of Amendment 0006 is to extend the quotation due date, update clauses, and change the service date for quotation submission.

a. Extend the quotation due date to May 25, 2020 at 10:00 AM Bahrain local time.

b. Update FAR clauses and standard provisions.

c. Change the service date to June 2, 2020, but not later than eight weeks after receipt of order.

2. Quotation submission: TPs are authorized to submit their quotation to DITCO-Europe SWA Procurement Branch via e-mail to Cathy Rogers at cathy.a.rogers2.civ@mail.mil and disa.stuttgart.ditco.mbx.pl52@mail.mil.

3. To be considered for award, offerors shall acknowledge receipt of all amendments to this solicitation by the closing date and time specified below. The Government will not consider offers received prior to the issuance of Amendment 0006.

4. All other terms and conditions remain unchanged and in full force and effect.

RECAP: AMENDMENT 0005:

The purpose of Amendment 0005 is to extend the quotation due date, update clauses, change the service date, and update POC for quotation submission.

a. Extend the quotation due date to January 19, 2020 at 10:00 AM Bahrain local time.

b. Update clauses FAR 52.204-24 and FAR 52.204-26. See attachment Additional Clauses.

c. Change the service date to February 17, 2020, but not later than eight weeks after receipt of order.

Customer will accept soonest possible service date.

2. Quotation submission: TPs are authorized to submit their quotation to DITCO-Europe SWA Procurement Branch via e-mail to Cathy Rogers at cathy.a.rogers2.civ@mail.mil and

3. To be considered for award, offerors shall acknowledge receipt of all amendments to this received prior to the issuance of Amendment 0005.

4. All other terms and conditions remain unchanged and in full force and effect.

HC102119QA117-0006

RECAP: AMENDMENT 0004:

The purpose of Amendment 0004 is to extend the quotation due date to November 17, 2019 at 10:00AM Bahrain local time.

2. To be considered for award, offerors shall acknowledge receipt of all amendments to this received prior to the issuance of Amendment 0004.

3. All other terms and conditions remain unchanged and in full force and effect.

AMENDMENT 0003:

The purposes of this amendment are to:

a. Change the project description to Start a 300MB layer-2 leased circuit capable of supporting Jumbo frame internet protocol traffic between forward operating base (FOB) Fuller, UAE (inside Al Azraq Air Base, Jordan) and Al Dhafra Air Base, UAE.

b. Change the FOB Fuller (inside Al Azraq Air Base, Jordan) coordinate to LAT 31.835178 and

LONG 36.804314

c. Change the service date to December 31, 2019.

d. Extend the due date of submission of quotation until Sunday, November 10, 2019 at 10:00AM Bahrain local time.

2. To be considered for award, offerors shall acknowledge receipt of all amendments to this received prior to the issuance of Amendment 0003.

3. All other terms and conditions remain unchanged and in full force and effect.

AMENDMENT 0002:

1. The purpose of HC102119QA117-0002 is to extend the vendor response date to October 23, 2019.

2. In order to be considered for award, offerors must acknowledge receipt of all amendments by the solicitation closing date and time identified below. The government will not consider offers submitted prior to issuance of Amendment 0002.

3. All other terms and conditions remain unchanged.

AMENDMENT 0001:

The purpose of HC102119QA117-0001 is to extend the vendor response date to September 26, 2019.

2. In order to be considered for award, offerors must acknowledge receipt of all amendments by the solicitation closing date and time identified below. The government will not consider offers submitted prior to issuance of Amendment 0001.

3. All other terms and conditions remain unchanged.

ORIGINAL SOLICITATION:

Start a 250MB layer-2 leased circuit capable of supporting Jumbo frame internet protocol traffic between forward operating base (FOB) Fuller, UAE and Al Dhafra Air Base, UAE.

2. The service date is September 30, 2019, but not later than eight weeks after receipt of order.

Customer will accept soonest possible service date.

3. Offeror may request in writing questions of any specification, parts or terms and conditions of this solicitation. No verbal request of information or question will be accepted. All questions shall be submitted to the DITCO-SWA Contracting Office no later than Monday, September 2, 2019 at 10:00 AM Bahrain local time. The Government may choose not to answer or consider questions received after this time.

4. TP shall conduct a kick-off teleconference meeting with DITCO and local POCs within ten business days after receipt of order.

5. Proposal submission: TPs are authorized to submit their proposal to DITCO- Europe SWA Procurement Branch via e-mail at chantel.d.rutland.civ@mail.mil and

M. ADDITIONAL INFORMATION:

3. TSR NUMBER: AQ19JUL195239

4. CCSD: JUEDWYP2

Z. DITCO CONTACT:

Cathy Rogers

3184396243 cathy.a.rogers2.civ@mail.mil

Anh T. Carlton

DITCO Contracting Officer

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

Paragraph E.SERVICE DATE change from:

Feb 17, 2020

To:

Jun 2, 2020

Paragraph M.3.TSR NUMBER change from:

AQ19JUL195239C

AQ19JUL195239

Paragraph V.QUOTE DUE DATE AND TIME change from:

Jan 19, 2020 10:30:00 AM AST

May 25, 2020 10:00:00 AM GMT

Add the Following:

STANDARD PROVISION - 38 - STATUS REPORT (monthly) - AUG 2017

Due to the criticality of this telecommunications service, Contractor/Telecommunications Provider (TP) shall provide an updated status report to DITCO contracting officer monthly. Status report shall include (1) Contract PIID number; (2) DITCO CSA number, (3) TSR number, (4) contracted service date, (5) explanation of current status of telecommunications service installation and how current status provides assurance that contracted service date will be met, and (6) name, phone number, and e-mail address of Contractor/TP representative to contact for any questions concerning the status report.

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

252.225-7041 - Correspondence in English - JUN 1997

The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in

English or with an English translation.

(End of clause)

252.239-7001 - Information Assurance Contractor Training and Certification - JAN 2008

(a) The Contractor shall ensure that personnel accessing information systems have the proper and current information assurance certification to perform information assurance functions in accordance with DoD 8570.01-M, Information Assurance

Workforce Improvement Program. The Contractor shall meet the applicable information assurance certification requirements, including--

(1) DoD-approved information assurance workforce certifications appropriate for each category and level as listed in the current version of DoD 8570.01-M; and

(2) Appropriate operating system certification for information assurance technical positions as required by DoD 8570.01-M.

(b) Upon request by the Government, the Contractor shall provide documentation supporting the information assurance certification status of personnel performing information assurance functions.

(c) Contractor personnel who do not have proper and current certifications shall be denied access to DoD information systems for the purpose of performing information assurance functions.

52.203-11 - Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions - SEP 2007

(a) Definitions. As used in this provision--"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The terms "agency,"

"influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal

Transactions" (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to

Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference it his provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of

Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by

31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of Provision)

52.252-5 - Authorized Deviations in Provisions - APR 1984

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

STANDARD PROVISION - 03 - TARIFF INFORMATION - AUG 2015

A. The prices agreed upon at time of award shall be the prices the Contractor/Telecommunications Provider (TP) shall have filed or may file in applicable tariffs with 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) or Public Utilities Commission (PUC) 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 waved 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 Tariff Team at disa.scott.ditco.mbx.tariffs@mail.mil, subject line: Tariff

Transmittal for Continental United States (CONUS) requirements or to the DITCO Contracting Office at disa.stuttgart.ditco.mbx.pl511@mail.mil,subject line: Tariff Transmittal for OCONUS requirements.

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.

STANDARD PROVISION - 24 - EVALUATION OF QUOTES-TECHNICAL/SERVICE DATE/PAST PERFORMANCE/PRICE -

AUG 2017

After receipt of quotations, the Government will first evaluate the lowest price quotation. If the lowest price quotation 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 price quotation or to conduct further evaluations of additional quotations. Quotes received in response to this Inquiry will be evaluated for technical acceptability, commitment to meet the required service date, past performance, and total price. Government Contractor support may be utilized to analyze technical and price aspects of quotes submitted. The Government intends to issue an Order/Circuit Demand to the Contractor/Telecommunication Provider

(TP) who the government considers as having satisfactory past performance (or neutral past performance in the event a

Contractor/TP does not have available past performance information) and whose quote is determined to be the lowest priced, technically acceptable and meets the Government's service date. In the event that none of the quotes meets required service date, government may consider quotes that agree to provide service on a date later than required service date. For evaluation purposes, total price will be determined by adding all charges contained in the Quote (NRC, MRC, and any expedite charges) for duration of the not to exceed contract period (i.e., not to exceed service life or term, as appropriate). The Government intends to evaluate quotes and issue Order or Circuit Demand without negotiations. Therefore, initial Quotes submitted should contain

Contractor/TP's best technical solution, service date, and price. However, the Government reserves the right to conduct negotiations, if determined necessary by contracting officer. If discussions are required, the number of quotations being competitively considered may be narrowed to the most highly rated quotations. The Government further reserves the right to reduce the number of quotations being competitively considered to the greatest number that will permit efficient competition among the most highly rated quotations. If an offeror's quotation 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 cannot be resolved to the KO's satisfaction, the Government reserves the right to withdraw and cancel the proposed inquiry. In such event, offerors will be notified in writing.

The Government may use its own knowledge and previous experience with Contractor/TP's, or any other past performance information readily available to the contracting officer (e.g., PPIRS), in determining whether past performance is satisfactory. If a

Contractor/TP does not have DITCO contracts, Contractor/TP must submit performance information on other government contracts for similar types of service. If Contractor/TP does not have any contracts with Government entities, Contractor/TP must provide documentation of similar types of service provided to commercial customers. If relevant past performance information on similar government or commercial contracts is provided by the Contractor/TP, the Government will attempt to use this information in its past performance evaluation. The following information, as a minimum, must be provided: (1) government or commercial contract number; (2) government or commercial organization; (3) name of government or commercial contracting officer or point of contact (POC); and (4) phone number of Government Contracting Officer or POC. If no relevant past performance information is available, a neutral rating will be assigned. A neutral past performance rating will not preclude award.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND" and provide required past performance information if Contractor/TP does not have DITCO contracts.

STANDARD PROVISION - 09 - STANDARD PROCEDURE - AUG 2017

One or more end points of this circuit terminate in non-NATO countries and/or NATO countries that do not have a National Long

Lines Agency (NALLA) and/or a NALLA accredited TP. Therefore, quotes from Telecommunication Providers (TPs) possessing authorization to provide telecommunications service from appropriate national authorities will be considered. Quotes shall identify portions of service that will be provided using TP's own facilities as well as those that will be provided by subcontractor

TPs, and shall identify all subcontractor TPs. Additionally, quotes shall provide documentation from the appropriate national authority reflecting TP and all subcontractor TPs possess required national authority authorizations for countries where this circuit terminates. Evidence of such national authority authorizations for TP and all subcontractor TPs is a definitive responsibility criterion.

ACCEPTABLE TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND," and identify all portions of service provided by TP and all portions of the service provided by subcontractor TPs, and provide documentation from the appropriate national authority reflecting that TP and all subcontractor TPs possess required national authority authorizations.

G20 - Electronic Invoicing for Telecommunications Services - JUL 2018

Electronic invoices shall be submitted to disa.stuttgart.cfe.mbx.cfe84@mail.mil for telecommunications services.

(End of text)

STANDARD PROVISION - 50 - INVOICING - IDEAS - AUG 2017

Contractor/Telecommunications Provider (TP) must submit invoices with the Contract PIID number and the CSA number in the proper invoicing format. IDEAS CSAs are 11 to 13 characters long. In order to invoice correctly the proper spacing is required.

After the Telco (2-4 alphanumeric characters) there needs to be 7 spaces before the circuit number (6 digits).

Examples:

IDEAS CSA INVOICE CSA

MELA123456EBM MELA 123456EBM (7 SPACES)

MEL123456EBM MEL 123456EBM (8 SPACES)

ME123456EBM ME 123456EBM (9 SPACES)

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE:

"UNDERSTAND/WILL COMPLY."

252.225-7974 - Representation Regarding Business Operations with the Maduro Regime (Deviation 2020-O0005) - FEB 2020

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

"Agency or instrumentality of the government of Venezuela" means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to "a foreign state" deemed to be a reference to "Venezuela."

"Business operations" means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

"Government of Venezuela" means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

"Person" means--

(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition.

(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of

Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror--

(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(End of provision)

STANDARD PROVISION - 12 - ONE-STOP-SHOPPING/END-TO-END SERVICE VS HALF CIRCUITS NATIONAL

AUTHORITY PROCEDURE - AUG 2017

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. Government may consider half circuit quotes when it is unsuccessful in obtaining an OSS/end-to-end quote, when OSS/end-to-end quote charges cannot be determined to be fair and reasonable, or when determined to be in best interest of U.S. Government. Therefore, all Contractors/TPs are advised to submit a half circuit quote in addition to any

OSS/end-to-end quote they provide. All half-circuit quotes must identify Contractor/TP that they have coordinated with to provide complete service, along with agreed upon circuit midpoint.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: “UNDERSTAND,” and identify the coordinating Contractor/TP and the circuit midpoint for half circuit Quotes.

52.252-1 - Solicitation Provisions Incorporated by Reference - FEB 1998

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

[Insert one or more Internet addresses]

52.252-2 - Clauses Incorporated by Reference - FEB 1998

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far and https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(End of Clause)

252.204-7017 - Prohibition on the Acquisiton of Covered Defense Telecommunications Equipment or Services—Representation

- DEC 2019

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).

52.252-6 - Authorized Deviations in Clauses - APR 1984

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement. (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services - DEC 2019

(a) 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 one business day 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 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 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 items.

G1 - Points of Contact - JUL 2018

Contracting Officer

Name: Anh T. Carlton

Organization/Office Symbol: Phone No.: DISA/DITCO-Europe/PL52, 97317856229

E-Mail Address: E-Mail Address: anh.t.carlton.civ@mail.mil

Contract Specialist

Name: Cathy A. Rogers

Organization/Office Symbol: Phone No.: DISA/DITCO-Europe/PL52, 97317856243

E-Mail Address: cathy.a.rogers2.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: DUNS:

CAGE CODE: Contractor POC: E-Mail Address: Phone Number: Fax Number:

(End of text)

52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment - DEC 2019

The Offeror shall not complete the representation in 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 the provision at 52.204-26, Covered Telecommunications

Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and

Certifications-Commercial Items.

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

"Covered telecommunications equipment or services", "critical technology", and "substantial or essential component" have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited 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.

(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 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.

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

(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

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

(4) For equipment, 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).

52.203-12 - Limitation on Payments to Influence Certain Federal Transactions - OCT 2010

"Agency" means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

"Covered Federal action" means any of the following Federal actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self-Determination and Education

Assistance Act (25 U.S.C.450B) and include Alaskan Natives.

"Influencing or attempting to influence" means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

"Local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

"Officer or employee of an agency" includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

"Person" means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

"Reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

"Recipient" includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other

Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

"Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

"State" means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered

Federal actions. In accordance with 31 U.S.C. 1352 the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.

(2) Professional and technical services.

(i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that

Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered

Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that

Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in this paragraph (c)(2), "professional and technical services" are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure.

(1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects

Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the

Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31

U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts.

(1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract exceeding $150,000 under this contract. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract exceeding

$150,000.

252.239-7000 - Protection Against Compromising Emanations - Jun 2004

(a) The Contractor shall provide or use only information technology, as specified by the Government, that has been accredited to meet the appropriate information assurance requirements of—

(1) The National Security Agency National TEMPEST Standards (NACSEM No. 5100 or NACSEM No. 5100A, Compromising

Emanations Laboratory Test Standard, Electromagnetics…