HC102120QA066-0001.v1.pdf

IQO INQUIRY

FM: PL511

TO: Contractors

DATE (MM/DD/YYYY): 6/23/2020

SUBJECT: HC102120QA066-0001 Amend: 0001

A. TYPE ACTION: ADMIN AMEND

1. PURPOSE: THE PURPOSE OF AMENDMENT 0001 IS TO:

1. Extend the quote due date to 6 July 2020 and the question submission date to 30 June 20.

2. Change Purpose paragraph 8 to read:

In order to be eligible for award, TPs must respond to all provisions/clauses/SPs/text and selected answer(s)/check boxes for FAR 52.204-24, if required, FAR 52.212-3 ALT I, DFARS 252.204-7016 (DFARS 252.204-7017, if needed), and DFARS 252.239-7009.

Please note: Offerors that do not provide the responses to all provisions/clauses/SPs/text, and/ or offerors that fail to make appropriate representations and/or fail to select the answer(s)/check boxes may be found technically not acceptable and as such could be excluded from evaluation/ consideration for award.

3. Update Location "A" and Location "B" information.

4. Add the following Standard Provisions/clauses/provisions: Standard Provision 49, DFARS 252.246-7008, DFARS 252.232-7008 and DFARS 252.225-7974.

5. Delete the following clauses/provisions: FAR 52.204-22, FAR 52.252-4, FAR 52.232-35, FAR 52.212-2, FAR 52.209-11, FAR 52.232-23, FAR 52.204-20, FAR 52.209-9, FAR 52.225-13, FAR 52.222-22, FAR 52.246-25, FAR 52.252-3, FAR 52.204-17, FAR 52.203-18, FAR 52.204-4, FAR 52.209-5, FAR 52.215-1, FAR 52.225-25, FAR 52.209-7, FAR 52.204-26, FAR 52.242-13, FAR

52.204-25, FAR 52.209-2, DFARS 252.203-7003, DFARS 252.209-7999.

6. Change or update the following clauses/provisions, DITCO text and Standard Provisions: G1, G20, FAR 52.212-5, FAR 52.212-1, 52.212-3 and Standard Provision 30.

All other terms and conditions remain unchanged.

***ORIGINAL SOLICITATION***

1. RFQ: NALLA/ALLA REQUIREMENT REAWARD CSA MERC W 265327 AT 10 MB FROM

Croughton, GB TO London, GB.

2. Please indicate the provisioning interval (commercial lead time in calendar days) required for bringing this circuit into service, counted from the day the contract is awarded. The customer desires and will accept earliest possible service date.

3. APL Equipment: In order to ensure compliance, the Vendor’s/Telecommunications Provider’s (TP’s) quote must provide a list of all equipment the TP or any subcontractor will use at the point of interface with the Government's network. – See Standard Provision 52.

HC102120QA066-0001

4. Only a TP that is NALLA accredited in one of the NATO countries within which this circuit terminates will be eligible to receive an Order/Circuit Demand as the prime contractor under this inquiry. An administrative review of the offeror’s NALLA/ALLA accreditation will be conducted IAW Standard Provision 8 and Standard Provision 11. Quotes from TPs that are not accredited in one of the NATO countries within which this circuit terminates may be found unacceptable and un-awardable and removed from further evaluations.

5. Technical Acceptability Evaluation Criteria: A quote must comply with All Standard Provisions, Provisions, Clauses, and address sections F-M of the solicitation to be deemed technically acceptable. All portions of the solicitation should be carefully reviewed for all mandated requirements outlined within the Standard Provision and documentation requested as found in Section M and affiliated attachments. Quotations must include all required documents and responses indicated from these Standard Provisions, Provisions, Clauses, Section M and affiliated attachments to be considered technically acceptable and/or eligible for award. In response to this IQO inquiry, no terms, conditions, or assumptions will be entertained. If terms, conditions, and/or assumptions are included in a quotation, the quotation may be excluded on grounds that it failed to comply with the IQO inquiry's instructions.

6. Evaluation Criteria: In addition to the procedures outlined in Standard Provision 23, technical evaluation team members will include Government personnel and may include Government's contracted advisors. Government personnel will make the final determination of technical acceptability.

7. Discrepancies/Questions: If an offeror believes that the requirements in this RFQ contain an error, omission, or are otherwise unsound, the offeror shall immediately notify DITCO-Europe in writing with supporting rationale. The government reserves the right to award this effort based on the initial quote, as received, without discussions. Such notification, as well as questions should be addressed to DITCO-Europe PL511 via email at DISA.STUTTGART.DITCO.MBX.PL511@MAIL.MIL and michael.d.davis54.civ@mail.mil. Please provide any notification/questions in writing and no later than June 30, 2020 at 10:00AM Central European Time. The government reserves the right to not respond to notifications / not answer questions submitted after this time.

8. In order to be eligible for award, TPs must respond to all provisions/clauses/SPs/text and selected answer(s)/check boxes for FAR 52.204-17, FAR 52.204-20, FAR 52.204-26 (FAR 52.204-24, if required), FAR 52.209-2, FAR 52.209-11, FAR 52.212-3 ALT I, FAR 52.222-22, DFARS 252.204-7016 (DFARS 252.204-7017, if needed), and DFARS 252.239-7009. Please note: Offerors that do not provide the responses to all provisions/clauses/SPs/text, and/or offerors that fail to make appropriate representations and/or fail to select the answer(s)/check boxes may be found technically not acceptable and as such could be excluded from evaluation/consideration for award. All other terms and conditions remain unchanged.

9. Quote Submission: TPs are authorized to submit their quote to DITCO-Europe GIG Transport Section DISA.STUTTGART.DITCO.MBX.PL511@MAIL.MIL and michael.d.davis54.civ@mail.mil - See Standard Provision 17.

M. ADDITIONAL INFORMATION:

3. TSR NUMBER: TC02MAY175033

4. CCSD: JUEDW5U0

Z. DITCO CONTACT:

Michael Davis

+49-711-70778101 michael.d.davis54.civ@mail.mil

Paige V. Heimann

DITCO Contracting Officer

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

Paragraph B.ALLA NUMBER change from:

ALLA265327

To:

265327

Paragraph M.3.TSR NUMBER change from:

TC02MAY175033A

TC02MAY175033

Paragraph M.9.CIRCUIT PARAMETERS change from:

SEE CIRCUIT PARAMETERS ATTACHMENT

Paragraph M.10.TESTING REQUIREMENTS change from:

SEE TESTING REQUIREMENTS ATTACHMENT

Paragraph U.EVALUATION CRITERIA change from:

SEE STANDARD PROVISION 23

Paragraph V.QUOTE DUE DATE AND TIME change from:

Mar 23, 2020 10:00:00 AM CET

Jul 6, 2020 10:00:00 AM CEST

Location A, CONTACT change from:

(PMRY POC) SSGT BRANDON HUDSON;

(UNCLASS ORG) BRANDON.HUDSON.3@US.AF.MIL;

(DSN) 314-236-8600

(ALT POC) SSGT JACOB D KURTZ;

(UNCLASS ORG) JACOB.KURTZ@US.AF.MIL;

(DSN) 314-236-8600

To:

(PMRY POC) SSGT BRANDON HUDSON;

(UNCLASS ORG) BRANDON.HUDSON.3@US.AF.MIL;

(COMM) +011-44-1280-070-8600

(ALT POC) SSGT JACOB D KURTZ;

(UNCLASS ORG) JACOB.KURTZ@US.AF.MIL;

(COMM) +011-44-1280-070-8600

Location A, INTERFACE change from:

INTERFACE: FAST ETHERNET; ELECTRICAL: 100BASE-T; PHYSICAL:

RJ-45;;

FAST ETHERNET; ELECTRICAL: 100BASE-T; PHYSICAL: RJ-45

Location A, INSIDE WIRE INSTALLATION / MAINTENANCE REQUIRED change from:

INSIDE WIRE INSTL/MAINT: CPIWI-NO/CPIWM-NO

CPIWI-NO/CPIWM-NO

Location A, TERMINAL EQUIPMENT change from:

CABLE CROSS-CONNECT

COMMERCIAL DEMARK

CABLE CROSS-CONNECT COMMERCIAL DEMARK

Location B, CONTACT change from:

(PMRY POC) MS MARIE D KNIGHT;

(UNCLASS ORG) MARIE.KNIGHT.1.CTR.GB@US.AF.MIL;

(CMCL) 44-018-956-16474; (DSN) 314-235-6474

(ALT POC) MR. TONY CASE;

(UNCLASS ORG) ANTHONY.CASE.1.CTR.GB@US.AF.MIL;

(DSN) 314-235-6032

To:

(PMRY POC) MS MARIE D KNIGHT;

(UNCLASS ORG) MARIE.KNIGHT.1.CTR.GB@US.AF.MIL;

(CMCL) +011-44-018-956-16474;

(DSN) 314-235-6474

(ALT POC) MR. TONY CASE;

(UNCLASS ORG) ANTHONY.CASE.1.CTR.GB@US.AF.MIL;

(CMCL) +011-44-018-956-16474;

(DSN) 314-235-6474

Location B, INTERFACE change from:

INTERFACE: FAST ETHERNET; ELECTRICAL: 100BASE-T;

PHYSICAL:RJ-45;;

FAST ETHERNET; ELECTRICAL: 100BASE-T; PHYSICAL: RJ-45

Location B, INSIDE WIRE INSTALLATION / MAINTENANCE REQUIRED change from:

INSIDE WIRE INSTL/MAINT: CPIWI-NO/CPIWM-NO

CPIWI-NO/CPIWM-NO

Location B, TERMINAL EQUIPMENT change from:

COMMERCIAL DEMARK

CABLE CROSS-CONNECT

COMMERCIAL DEMARK CABLE CROSS-CONNECT

Add the Following:

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)

252.246-7008 - Sources of Electronic Parts - MAY 2018

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

"Authorized aftermarket manufacturer" means an organization that fabricates a part under a contract with, or with the express written authority of, the original component manufacturer based on the original component manufacturer's designs, formulas, and/or specifications.

"Authorized supplier" means a supplier, distributor, or an aftermarket manufacturer with a contractual arrangement with, or the express written authority of, the original manufacturer or current design activity to buy, stock, repackage, sell, or distribute the part.

"Contract manufacturer" means a company that produces goods under contract for another company under the label or brand name of that company.

"Contractor-approved supplier" means a supplier that does not have a contractual agreement with the original component manufacturer for a transaction, but has been identified as trustworthy by a contractor or subcontractor.

"Electronic part" means an integrated circuit, a discrete electronic component (including, but not limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly (section 818(f)(2) of Pub. L. 112-81).

"Original component manufacturer" means an organization that designs and/or engineers a part and is entitled to any intellectual property rights to that part.

"Original equipment manufacturer" means a company that manufactures products that it has designed from purchased components and sells those products under the company's brand name.

"Original manufacturer" means the original component manufacturer, the original equipment manufacturer, or the contract manufacturer.

(b) Selecting suppliers. In accordance with section 818(c)(3) of the National Defense Authorization Act for Fiscal Year 2012

(Pub. L. 112-81), as amended by section 817 of the National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-291) and section 885 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), the Contractor shall--

(1) First obtain electronic parts that are in production by the original manufacturer or an authorized aftermarket manufacturer or currently available in stock from--

(i) The original manufacturers of the parts;

(ii) Their authorized suppliers; or

(iii) Suppliers that obtain such parts exclusively from the original manufacturers of the parts or their authorized suppliers;

(2) If electronic parts are not available as provided in paragraph (b)(1) of this clause, obtain electronic parts that are not in production by the original manufacturer or an authorized aftermarket manufacturer, and that are not currently available in stock from a source listed in paragraph (b)(1) of this clause, from suppliers identified by the Contractor as contractor-approved suppliers, provided that--

(i) For identifying and approving such contractor-approved suppliers, the Contractor uses established counterfeit prevention industry standards and processes (including inspection, testing, and authentication), such as the DoD-adopted standards at https://assist.dla.mil;

(ii) The Contractor assumes responsibility for the authenticity of parts provided by such contractor-approved suppliers; and

(iii) The Contractor's selection of such contractor-approved suppliers is subject to review, audit, and approval by the

Government, generally in conjunction with a contractor purchasing system review or other surveillance of purchasing practices by the contract administration office, or if the Government obtains credible evidence that a contractor-approved supplier has provided counterfeit parts. The Contractor may proceed with the acquisition of electronic parts from a contractor-approved supplier unless otherwise notified by DoD; or

(3)(i) Take the actions in paragraph (b)(3)(ii) of this clause if the Contractor--

(A) Obtains an electronic part from--

(1) A source other than any of the sources identified in paragraph (b)(1) or (b)(2) of this clause, due to nonavailability from such sources; or

(2) A subcontractor (other than the original manufacturer) that refuses to accept flowdown of this clause; or

(B) Cannot confirm that an electronic part is new or previously unused and that it has not been comingled in supplier new production or stock with used, refurbished, reclaimed, or returned parts.

(ii) If the contractor obtains an electronic part or cannot confirm an electronic part pursuant to paragraph (b)(3)(i) of this clause--

(A) Promptly notify the Contracting Officer in writing. If such notification is required for an electronic part to be used in a designated lot of assemblies to be acquired under a single contract, the Contractor may submit one notification for the lot, providing identification of the assemblies containing the parts (e.g., serial numbers);

(B) Be responsible for inspection, testing, and authentication, in accordance with existing applicable industry standards;

and

(C) Make documentation of inspection, testing, and authentication of such electronic parts available to the Government upon request.

(c) Traceability. If the Contractor is not the original manufacturer of, or authorized supplier for, an electronic part, the

Contractor shall--

(1) Have risk-based processes (taking into consideration the consequences of failure of an electronic part) that enable tracking of electronic parts from the original manufacturer to product acceptance by the Government, whether the electronic part is supplied as a discrete electronic part or is contained in an assembly;

(2) If the Contractor cannot establish this traceability from the original manufacturer for a specific electronic part, be responsible for inspection, testing, and authentication, in accordance with existing applicable industry standards; and

(3)(i) Maintain documentation of traceability (paragraph (c)(1) of this clause) or the inspection, testing, and authentication required when traceability cannot be established (paragraph (c)(2) of this clause) in accordance with FAR subpart

4.7; and

(ii) Make such documentation available to the Government upon request.

(d) Government sources. Contractors and subcontractors are still required to comply with the requirements of paragraphs

(b) and (c) of this clause, as applicable, if--

(1) Authorized to purchase electronic parts from the Federal Supply Schedule;

(2) Purchasing electronic parts from suppliers accredited by the Defense Microelectronics Activity; or

(3) Requisitioning electronic parts from Government inventory/stock under the authority of 252.251-7000, Ordering from Government Supply Sources.

(i) The cost of any required inspection, testing, and authentication of such parts may be charged as a direct cost.

(ii) The Government is responsible for the authenticity of the requisitioned parts. If any such part is subsequently found to be counterfeit or suspect counterfeit, the Government will--

(A) Promptly replace such part at no charge; and

(B) Consider an adjustment in the contract schedule to the extent that replacement of the counterfeit or suspect counterfeit electronic parts caused a delay in performance.

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in subcontracts, including subcontracts for commercial items, that are for electronic parts or assemblies containing electronic parts, unless the subcontractor is the original manufacturer.

(End of clause)

STANDARD PROVISION - 49 - DELIVERY TICKET INVOICE (DTI) - PAYMENTS - AUG 2019

As prescribed by the Department of Defense Financial Management Regulation (FMR) Volume 10, Chapter 7, Section 070203, Delivery Ticket Invoice (DTI) payments will be provided automatically by the US Government. Payment for telecommunication service provided under this contract order shall be made using the DTI contract payment method (please refer to G21 -

CONTRACT PAYMENTS -DELIVERY TICKET INVOICE (DTI) in the Basic Agreement). The Contractor shall not submit separate invoices for telecommunication services provided under this contract order. This standard provision shall form the basis for payment for each accepted telecommunication service based on the following elements which must be included in the

Notice of Completion combined with an email from an authorized government POC denoting acceptance.

a. Contract number

b. Communication Service Authorization (CSA)/Order Number

c. Contractor name and address

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

e. Contractor Circuit ID

f. Date Service/Test Results Delivered

g. Government Service Acceptance/Completion Date

h. Government POC name and title that accepted the service

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

j. Quantity

k. Unit of Measure

l. Non-Recurring Cost (NRC) Price

m. Monthly Recurring Cost (MRC) Price

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: State YES, DTI or NO, DTI.

252.232-7008 - Assignment of Claims (Overseas) - JUN 1997

(a) No claims for monies due, or to become due, shall be assigned by the Contractor unless3/4

(1) Approved in writing by the Contracting Officer;

(2) Made in accordance with the laws and regulations of the United States of America; and

(3) Permitted by the laws and regulations of the Contractor's country.

(b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked "Top Secret," "Secret," or "Confidential" be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive such documents. However, a copy of any part or all of this contract so marked may be furnished, or any information contained herein may be disclosed, to such assignee upon the Contracting

Officer's prior written authorization.

(c) Any assignment under this contract shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing. On each invoice or voucher submitted for payment under this contract to which any assignment applies, and for which direct payment thereof is to be made to an assignee, the Contractor shall3/4

(1) Identify the assignee by name and complete address; and

(2) Acknowledge the validity of the assignment and the right of the named assignee to receive payment in the amount invoiced or vouchered.

Delete the Following:

52.225-13 - Restrictions on Certain Foreign Purchases - JUN 2008

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR ChapterV, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR ChapterV and/or on OFAC's website at http://www.treas.gov/offices/enforcement/ofac.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

252.209-7999 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any

Federal Law - JAN 2012

Class Deviation 2012-O0004 Prohibition Against Contracting With Corporations That Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law, dated January 23, 2012. Contracting officers shall include this provision in all solicitations that will use funds made available by Division A of the Consolidated Appropriations Act, 2012, including solicitations for acquisition of commercial items under FAR part 12, and shall apply the restrictions included in the deviation. This deviation is effective beginning January 23, 2012, and remains in effect until incorporated in the FAR or DFARS or otherwise rescinded.

52.222-22 - Previous Contracts and Compliance Reports - FEB 1999

The offeror represents that --

(a) It * has, * has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;

(b) It * has, * has not filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

(End of Provision)

52.204-20 - Predecessor of Offeror - JUL 2016

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

"Commercial and Government Entity (CAGE) code" means--

(1) An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency (DLA)

Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and

Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that DLA Commercial and

Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO

CAGE (NCAGE) code.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated "is" in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark "Unknown").

Predecessor legal name: ______________________________.

(Do not use a "doing business as" name).

52.232-23 - Assignment of Claims - MAY 2014

(a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 6305 (hereafter referred to as

"the Act"), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence.

(b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract.

(c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing.

(End of Clause)

252.203-7003 - Agency Office of the Inspector General - DEC 2012

The agency office of the Inspector General referenced in paragraphs (c) and (d) of FAR clause 52.203-13, Contractor Code of

Business Ethics and Conduct, is the DoD Office of Inspector General at the following address:

Department of Defense Office of Inspector General

Investigative Policy and Oversight

Contractor Disclosure Program

4800 Mark Center Drive, Suite 11H25

Alexandria, VA 22350-1500

Toll Free Telephone: 866-429-8011

52.209-7 - Information Regarding Responsibility Matters - OCT 2018

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals

Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceeding at the

Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs

(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov (see

52.204-7).

52.242-13 - Bankruptcy - JUL 1995

In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written notification of the bankruptcy to the Contracting Officer responsible for administering the contract. This notification shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of Government contract numbers and contracting offices for all Government contracts against which final payment has not been made. This obligation remains in effect until final payment under this contract.

52.232-35 - Designation of Office for Government Receipt of Electronic Funds Transfer Information - JUL 2013

(a) As provided in paragraph (b) of the clause at 52.232-34, Payment by Electronic Funds Transfer--Other than System for

Award Management, the Government has designated the office cited in paragraph (c) of this clause as the office to receive the

Contractor's electronic funds transfer (EFT) information, in lieu of the payment office of this contract.

(b) The Contractor shall send all EFT information, and any changes to EFT information to the office designated in paragraph (c) of this clause. The Contractor shall not send EFT information to the payment office, or any other office than that designated in paragraph (c). The Government need not use any EFT information sent to any office other than that designated in paragraph (c).

(c) Designated Office:

Name:

Mailing Address:

Telephone Number:

Person to Contact:

Electronic Address:

(End of clause)]

52.204-22 - Alternative Line Item Proposal - JAN 2017

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices.

Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the

Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

52.209-5 - Certification Regarding Responsibility Matters - OCT 2015

(a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see

52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. (S)6212, which entitles the taxpayer to seek Tax

Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. (S)6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. (S)6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [[_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer; director; owner; partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States

Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the

Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment - AUG

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).

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

(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. 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 Federal Acquisition Regulation 4.2104.

(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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.215-1 - Instructions to Offerors -- Competitive Acquisition - JAN 2017

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

"Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal."

"In writing," "writing," or "written" means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

"Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

"Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a

Contracting Officer as the result of negotiations.

"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages

(i) addressed to the office specified in the solicitation, and

(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show --

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modification, or revisions, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that proposal or revision is due.

(ii)

(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting

Officer determines that accepting the late offer would not unduly delay the acquisition; and --

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to…