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IQO INQUIRY

FM: PL511

TO: Contractors

DATE (MM/DD/YYYY): 2/24/2020

SUBJECT: HC102120QA066

A. TYPE ACTION: REAWARD

1. PURPOSE: 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.

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

HC102120QA066

dieter.romey.ln@mail.mil. Please provide any notification/questions in writing and no later than March 04, 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 dieter.romey.ln@mail.mil - See Standard Provision 17.

If there are more than two locations, their information will be found in Attachment B to this Order.

B. ALLA NUMBER: ALLA265327

C. TSP AUTHORIZATION CODE/RESTORATION CODE:

D. DEMANDER'S CODE: 251600

E. SERVICE DATE (MM/DD/YYYY): 6/9/2020

F. TYPE OF CIRCUIT:

1. BANDWIDTH/DATA RATE: 10 Megabits Per Second

2. SIGNALING MODE: No Signaling

G. LOCATION OF TERMINATION A:

1. ADDRESS: 30; 422 CS/SCOITUNIT 4624APO AE 09494-4624; APO, AE, 09494

2. ROOM: 71; 1 FL

H. LOCAL PART A:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: All cables shall be run in accordance with local site standards

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

3. DEMARK: 422 CS BLDG: 30 RAF CROUGHTON BRACKLEY NORTHANTS NN13

5NQ;

NN13 ; RAF CROUGHTON, GB, NN13 -5NQ

4. NPA/NXX: 314/236

5. UNIQUE INSTALLATION FACTORS: CISCO 7206 ROUTER, KG-175D PROVIDED BY

AIRFORCE. THIS CIRCUIT WILL CONNECT TO THE BACKSIDE OF RAF CROUGHTON ROUTER.

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: INSIDE WIRE INSTL/MAINT:

CPIWI-NO/CPIWM-NO

7. CONTACT: (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

I. TERMINATION EQUIPMENT A: CABLE CROSS-CONNECTCOMMERCIAL DEMARK

J. LOCATION OF TERMINATION B:

1. ADDRESS: 188; 86 BLENHEIM CRESCENTRUISLIP; HA4 7; LONDON, GB, HA4 7-HB

2. ROOM: E103; 0 FL

K. LOCAL PART B:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: All cables shall be run in accordance with local site standards

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

3. DEMARK: (BLDG) 188; (RM) E103; (FL) 0; 86 BLENHEIM CRESCENT

RUISLIP; HA4 7; LONDON, GB, HA4 7-HB

4. NPA/NXX:

5. UNIQUE INSTALLATION FACTORS: CISCO 3945 ROUTER; KG-175D CUSTOMER

PROVIDED

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: INSIDE WIRE INSTL/MAINT:

CPIWI-NO/CPIWM-NO

7. CONTACT: (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

L. TERMINATION EQUIPMENT B: COMMERCIAL DEMARKCABLE CROSS-CONNECT

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: TC02MAY175033A

4. CCSD: JUEDW5U0

5. DIVERSITY REQUIREMENTS: NA

6. LOCATIONS TO BE AVOIDED: N/A

7. TRANSMISSION MEDIA TO BE AVOIDED: N/A

8. NETWORKS TO BE AVOIDED: N/A

9. CIRCUIT PARAMETERS:

10. TESTING REQUIREMENTS:

11. GOVERNMENT ACCEPTANCE ACTIVITY: BLNHMCSC/GB/IP1/(CMCL) 44-018-956-16474;

(DSN) 314-235-6474

12. SECURITY/ REQUIREMENTS: (SP A) ESCORT REQUIRED;(SP B) ESCORT REQUIRED;

13. SITE ACCESS REQUIREMENTS:

14. DITCO STANDARD PROVISIONS: Incorporated in full text below

V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 3/23/2020 10:00 AM Europe/Berlin

Z. DITCO CONTACT:

Dieter Romey

+49.711.686395198 dieter.romey.ln@mail.mil

Michael D. Davis

DITCO Contracting Officer

+49-(0)711-68639-2365 michael.d.davis54.civ@mail.mil

Section G - Contract Administration Data

Included Clauses

G1 - Points of Contact - JUL 2018 Contracting Officer

Name:

Organization/Office Symbol: Phone No.:

E-Mail Address:

Contract Specialist

Name:

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

Contractor Point of Contact Contractor Legal Business Name: DUNS:

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

(End of text)

G2 - Contract/Order Closeout—Fixed-Price, Time-and-Materials, or Labor-Hour - JUL

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the

Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the

Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting

Officer within thirty (30) calendar days of issuance of the modification. A Contractor's failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.

If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

G20 - Electronic Invoicing for Telecommunications Services - JUL 2018 Electronic invoices shall be submitted to the Defense Financial and Accounting Services (DFAS) for telecommunications services. For further details and instructions go to: http://www.dfas.mil/contractorsvendors/faqs.html, or contact DFAS Systems

Support Operations at CCO-FAB@DFAS.mil or DFAS customer service at 800-756-4571, option 2, then option 1.

G23 - Outage Credits - Jul 2018

(a) Credits for outage (interruption) of service will be provided to the Government by the contractor in accordance with its tariff provisions. In the event such tariff provisions do not exist, the following schedule shall be used to determine the credit (one day equals 1/30th of the Monthly Recurring Charge (MRC)) due the Government during each monthly billing period:

INTERRUPTIONS OF 24 HOURS OR LESS (Not less than 30 Minutes)

None

30 Minutes but less than 3 Hours 1/8 Day

3 Hours but less than 6 Hours 1/4 Day

6 Hours but less than 9 Hours 1/3 Day

9 Hours but less than 12 Hours 1/2 Day

12 Hours but less than 24 Hours One Day

INTERRUPTIONS OVER 24 HOURS

Credit of 1/30th of the MRC (or the foreign dollar equivalent) for each day of outage until service is restored.

(b) Outage credits do not apply for:

1) Interruptions caused by the negligence of the Government or others authorized by the

Government to use the Government's service.

2) Interruptions due to the failure of power, equipment, systems or connections not provided by Contractor or subcontractors.

3) Interruptions during any period when the Government or User has released a private line service for maintenance or rearrangement purposes, or for the implementation of a

Government order.

4) Interruptions that continue because of the Government's failure to authorize replacement of any element of special construction. The period for which credit is not allowed begins on the seventh day after the Government receives the contractor's written notification of the need for such replacement. It ends on the day after receipt of the Government's written authorization for such replacement.

5) Interruptions during periods when the Government elects not to release the private line service for testing and/or repair.

6) An interruption, or group of interruptions, resulting from a common cause, for amounts less than $50.00 (or the foreign dollar equivalent).

(c) Outage credits will be due no later than the next Billing Cycle/Month following the outage. Each credit will identify the

Communication Service Authorization (CSA) and Commercial Circuit Number (CCN) as well as the time, date and duration of the outage/outages.

G24 - Contract Billing Dates for Services - JUL 2018 For invoicing purposes, the Effective Billing Date (EBD) is the date the contracted service is delivered to the Government in accordance with the contract and the Final Billing Date (FBD) is the date the Government requests the service to be discontinued via contract modification.

Section H - Special Contract Requirements

Included Clauses

H1 - Organizational and Consultant Conflicts of Interest (OCCI) - JUL 2018

(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and

Consultant Conflicts of Interest (OCCI) as described in FAR Subpart

9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and

Consultant Conflicts of Interest Mitigation Plan to the contracting officer. The Organizational and Consultant Conflicts of Interest

Mitigation Plan shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.

(b) Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:

(1) Providing systems engineering and technical direction.

(2) Preparing specifications or work statements and/or objectives.

(3) Providing evaluation services.

(4) Obtaining access to proprietary information.

(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.

H5 - Use of Government-Furnished Computers - JAN 2019

a. Computers furnished under this contract shall be used for official business only. Contractor personnel shall not use computers furnished under this contract for any use other than to perform the requirements of this contract. Contractor personnel shall not install any software on Government furnished computers unless consent is obtained from the KO or

Contracting Officer's Representative (COR).

b. Information services available on the Government furnished computers shall only be used for official business only. Examples of information services include DISA network (DISANet), Internet, Intranet, World Wide Web, and electronic mail.

c. Access to Government information services is granted as a privilege, and use of such services constitutes consent to monitoring. Information services use will be monitored to ensure the protection of DISA networks and information and to verify and enforce compliance with this contractual requirement.

d. In the event contractor personnel use Government furnished computers and/or information services for other than official business, the Contractor shall be required to provide the Government with monetary consideration in the form of credits against the contract as determined by the KO. In addition, if requested by the KO, the Contractor shall be required to replace the individual who misused the Government furnished computers and/or information services within 10 working days.

e. The following are examples of misuse of information services:

(1) Illegal, fraudulent, or malicious activities.

(2) Partisan political activity, political or religious lobbying or advocacy, or activities on behalf of organizations having no affiliation with DISA or DoD.

(3) Activities whose purposes are for personal or commercial financial gain. These activities may include chain letters, solicitation of business or services, sales of personal property.

(4) Unauthorized fundraising or similar activities, whether for commercial, personal, or charitable purposes.

(5) Accessing, storing, processing, displaying or distributing offensive or obscene material such as pornography and hate literature.

(6) Annoying or harassing another person, e.g., by sending or displaying uninvited e-mail of a personal nature or by using lewd or offensive language in an e-mail message.

(7) Using another person's account or identity without his or her explicit permission, e.g., by forging e-mail.

(8) Viewing, damaging, or deleting files or communications belonging to others without appropriate authorization or permission.

(9) Permitting any unauthorized person to access a DISA or DoD-owned system.

(10) Modifying or altering the operating systems or system configuration (including the installation of software) without obtaining written authorization from the KO or COR.

Standard Provisions

Clauses Incorporated By Reference

FAR Clause # Title Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

252.204-7000 Disclosure of Information OCT 2006

252.204-7003 Control Of Government Personnel Work Product Apr 1992

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported

Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016

252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax

Liability or a Felony Conviction under any Federal Law

JAN 2012

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors JAN 2018

252.222-7002 Compliance with Local Labor Laws (Overseas) JUN 1997

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials

SEP 2014

252.225-7032 Waiver of United Kingdom Levies—Evaluation of Offers APR 2003

252.225-7033 Waiver of United Kingdom Levies APR 2003

252.225-7041 Correspondence in English JUN 1997

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United

States

JUN 2015

252.225-7048 Export-Controlled Items Jun 2013

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.229-7001 Tax Relief SEP 2014

252.229-7006 Value Added Tax Exclusion (United Kingdom) DEC 2011

252.229-7007 Verification of United States Receipt of Goods JUN 1997

252.232-7010 Levies on Contract Payments Dec 2006

252.233-7001 Choice of Law (Overseas) JUN 1997

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013

252.237-7023 Continuation of Essential Contractor Services OCT 2010

252.239-7000 Protection Against Compromising Emanations Jun 2004

252.239-7002 Access DEC 1991

252.239-7004 Orders for Facilities and Services SEP 2019

252.239-7006 Tariff Information JUL 1997

252.239-7007 Cancellation or Termination of Orders SEP 2019

252.239-7010 Cloud Computing Services OCT 2016

252.239-7011 Special Construction and Equipment Charges DEC 1991

252.239-7012 Title to Telecommunication Facilities and Equipment DEC 1991

252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and

Services

DEC 1991

252.239-7017 Notice of Supply Chain Risk FEB 2019

252.239-7018 Supply Chain Risk FEB 2019

252.243-7001 Pricing of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements--Representation

JAN 2017

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-17 Ownership or Control of Offeror JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.204-2 Security Requirements. AUG 1996

52.204-20 Predecessor of Offeror JUL 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-7 System for Award Management OCT 2018

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--

Representation

NOV 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.212-1 Instructions to Offerors -- Commercial Items OCT 2018

52.212-4 Contract Terms and Conditions -- Commercial Items OCT 2018

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

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.225-14 Inconsistency Between English Version and Translation of Contract FEB 2000

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a MAR 2008

Diplomatic or Consular Mission Outside the United States

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications

AUG 2018

52.232-11 Extras APR 1984

52.232-23 Assignment of Claims MAY 2014

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

Information

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.232-6 Payment Under Communication Service Contracts with Common Carriers APR 1984

52.232-8 Discounts for Prompt Payment FEB 2002

52.233-1 Disputes (Alternate 1) MAY 2014

52.237-1 Site Visit APR 1984

52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes-Fixed-Price (Alt 1) AUG 1987

52.246-25 Limitation of Liability – Services FEB 1997

52.246-4 Inspection of Services -- Fixed-Price AUG 1996

52.249-8 Default (Fixed-Price Supply and Service) APR 1984

52.253-1 Computer Generated Forms JAN 1991

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

Equipment or Services—Representation - DEC 2019

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

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

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

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

(End of provision)

252.204-7017 - Prohibition on the 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).

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.

(End of clause)

252.239-7009 - Representation of Use of Cloud Computing - SEP 2015

(a) Definition. "Cloud computing," as used in this provision, means a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This includes other commercial terms, such as on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured service. It also includes commercial offerings for software-as-a-service, infrastructure-as-a-service, and platform-as-a-service.

(b) The Offeror shall indicate by checking the appropriate blank in paragraph (c) of this provision whether the use of cloud computing is anticipated under the resultant contract.

(c) Representation. The Offeror represents that it--

_____ Does anticipate that cloud computing services will be used in the performance of any contract or subcontract resulting from this solicitation.

_____ Does not anticipate that cloud computing services will be used in the performance of any contract or subcontract resulting from this solicitation.

52.204-21 - Basic Safeguarding of Covered Contractor Information Systems - JUN 2016

"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

"Federal contract information" means information, not intended for public release, that is provided by or generated for the

Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

"Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction

(CNSSI) 4009).

"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

"Safeguarding" means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by

Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

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).

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

Surveillance Services or Equipment - AUG 2019

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.

52.204-26 - Covered Telecommunications Equipment or Services-Representation - DEC

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

(c) Representation. The Offeror represents that it [ ] does, [ ] 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.

52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law - FEB 2016

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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…

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