- HC102120QA121.v1.pdf

IQO INQUIRY

FM: PL511

TO: Contractors

DATE (MM/DD/YYYY): 8/18/2020

SUBJECT: HC102120QA121

A. TYPE ACTION: REAWARD

1. PURPOSE: RFQ: NALLA/ALLA requirement to reaward a 10MB commercial lease between Vicenza, Italy and Poggio Renatico, Italy. This is a reaward of RET000011EBM.

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. 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 required), 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.

HC102120QA121

7. Offeror shall submit with its quote detailed circuit/path connectivity diagrams in the electronic format of KMZ or KML files that identifies all points of presence and repeater points. In addition to the requirement of circuit/path connectivity diagrams submission during solicitation phase, as-built circuit/path connectivity diagram files in KMZ or KML format must also be submitted after award to show as final record of the installed path. Please provide all circuit/path connectivity diagrams to alyssa.m.todaro2.civ@mail.mil and DISA.STUTTGART.DITCO.MBX.POSTAWARD-

PL511@MAIL.MIL.

8. 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.

9. 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 PL51 via email at DISA.STUTTGART.DITCO.MBX.PL511@MAIL.MIL and alyssa.m.todaro2.civ@mail.mil.

Please provide any notification/questions in writing and no later than September 07, 2020 at 09:00 AM Central European Summer Time. The government reserves the right to not respond to notifications / not answer questions submitted after this time.

10. Quote Submission: TPs are authorized to submit their quote to DITCO-Europe Procurement Branch DISA.STUTTGART.DITCO.MBX.PL511@MAIL.MIL and alyssa.m.todaro2.civ@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: TBD

C. TSP AUTHORIZATION CODE/RESTORATION CODE: R3

D. DEMANDER'S CODE: 251600

E. SERVICE DATE (MM/DD/YYYY): 11/18/2020

F. TYPE OF CIRCUIT:

1. BANDWIDTH/DATA RATE: 10 Megabits Per Second

2. SIGNALING MODE: No Signaling

G. LOCATION OF TERMINATION A:

1. ADDRESS: (BLDG) 63; (RM) DCO; (FL) 1; CASERMA EDERLE; VIALE DELLA PACE; 36100

VICENZA, ITALY

2. ROOM: DCO; 1 FL

H. LOCAL PART A:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: All facilities between vendor's commercial communications interface point and termination location shall be provided by vendor. All cables shall be run in accordance with local site standards.

2. INTERFACE: ELECTRICAL: 10/100BASE-TX; PHYSICAL: RJ-45

3. DEMARK: See Address

4. NPA/NXX: 314/637

5. UNIQUE INSTALLATION FACTORS: (1) FOR LOCAL COMMUNICATIONS UNIT: THE LOCAL

COMM UNIT WILL EXTEND SERVICE FROM THE COMMERCIAL DEMARL TO THE SERVICE

DELIVERY POINT (SDP).

(2) DISA REQUIRES THAT A CIRCUIT VENDOR OBTAIN A SIGNATURE FROM A RESPONSIBLE

SITE POC CERTIFYING THAT THE VENDOR PROVIDED THE CONNECTIVITY AND THAT THE

CIRCUIT IS PROPERLY TAGGED WITH CIRCUIT ID AND CCSD WG81.

(3) FOR THE VENDOR: VENDOR WILL DELIVER SERVICE TO THE COMMERCIAL DEMARK

IDENTIFIED IN THE DOCUMENT.

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: CPIWI-NO/CPIWM-NO

7. CONTACT: (PMRY POC) MR. FEDERICO FOTI; FEDERICO.FOTI.CTR@MAIL.MIL; (CMCL)

+011-0039-0444-717813; (DSN) 314-634-7813

(ALT POC) MR. TODD HUNT; TODD.C.HUNT.CIV@MAILL.MIL; (CMCL) +011-39-444-617500;

(DSN) 314-637-7500

I. TERMINATION EQUIPMENT A: 8W; COMMERCIAL CROSS CONNECT

J. LOCATION OF TERMINATION B:

1. ADDRESS: (BLDG) LOTTO 2; (RM) POLO TLC; (FL) BAS; VIA PONTE ROSSO 1; 44028

POGGIO RENATICO FERRARA ITALY;

2. ROOM: POLO TLC; BAS FL

K. LOCAL PART B:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: All facilities between vendor's commercial communications interface point and termination location shall be provided by vendor. All cables shall be run in accordance with local site standards.

2. INTERFACE: ELECTRICAL: 10/100BASE-TX; PHYSICAL: RJ-45

3. DEMARK: See Address.

4. NPA/NXX:314/634

5. UNIQUE INSTALLATION FACTORS: (1) FOR LOCAL COMMUNICATIONS UNIT: THE LOCAL

COMM UNIT WILL EXTEND SERVICE FROM THE COMMERCIAL DEMARL TO THE SERVICE

DELIVERY POINT (SDP).

(2) DISA REQUIRES THAT A CIRCUIT VENDOR OBTAIN A SIGNATURE FROM A RESPONSIBLE

SITE POC CERTIFYING THAT THE VENDOR PROVIDED THE CONNECTIVITY AND THAT THE

CIRCUIT IS PROPERLY TAGGED WITH CIRCUIT ID AND CCSD WG81.

(3) FOR THE VENDOR: VENDOR WILL DELIVER SERVICE TO THE COMMERCIAL DEMARK

IDENTIFIED IN THE DOCUMENT.

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: CPIWI-NO/CPIWM-NO

7. CONTACT: MR. LAWRENCE M MESSING; LAWRENCE.M.MESSING.CTR@MAIL.MIL;

(CMCL) +39-053-282-1296; (DSN) 314-637-7851

L. TERMINATION EQUIPMENT B: COMMERCIAL CROSS CONNECT

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: WE08JUL206162A

4. CCSD: UUEDWG81

5. DIVERSITY REQUIREMENTS:

6. LOCATIONS TO BE AVOIDED:

7. TRANSMISSION MEDIA TO BE AVOIDED:

8. NETWORKS TO BE AVOIDED:

9. CIRCUIT PARAMETERS: See Circuit Parameters attachment.

10. TESTING REQUIREMENTS: See Testing Requirements attachment.

11. GOVERNMENT ACCEPTANCE ACTIVITY: CSRMEDRL/IT/TCG/D314-380-5324,C

+49-621-730-5324

12. SECURITY/ REQUIREMENTS: Clearance and escort required.

13. SITE ACCESS REQUIREMENTS: Clearance and escort required. All visitors must contact the site POCs for access at least 72 hours prior to any site visits.

14. DITCO STANDARD PROVISIONS: Incorporated in full text below

V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 9/21/2020 9:00 AM Europe/Berlin

Z. DITCO CONTACT:

Alyssa Todaro

+49-0711-7077-8107 alyssa.m.todaro2.civ@mail.mil

Paige V. Heimann

DITCO Contracting Officer

+49 (0)711-7077-8102 paige.v.heimann.civ@mail.mil

Section G - Contract Administration Data

Included Clauses

G1 - Points of Contact - JUL 2018 Contracting Officer

Name: Paige Heimann

Organization/Office Symbol: PL51

Phone No.: (CMCL) +49-(0)-711-7077-8102 / (DSN) 324-555-8102

E-Mail Address: paige.v.heimann.civ@mail.mil

Contract Specialist

Name: Alyssa Todaro

Organization/Office Symbol: PL51

Phone No.: (CMCL) +49-(0)-711-7077-8107 / (DSN) 324-555-8107

E-Mail Address: alyssa.m.todaro2.civ@mail.mil

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

Name:

Organization/Office Symbol:

Phone No.:

E-Mail Address:

Contractor Point of Contact

Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax Number:

(End of text)

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 DISA/DITCO Europe CFA1 Resource Management department at disa.stuttgart.cfe.mbx.cfe84@mail.mil.

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

252.203-7005 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

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services

DEC 2019

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

OCT 2015

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

252.225-7041 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

252.225-7974 Representation Regarding Business Operations with the Maduro Regime

(Deviation 2020-O0005)

FEB 2020

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.229-7001 Tax Relief - Alternate 1 SEP 2014

252.229-7003 Tax Exemptions (Italy) MAR 2012

252.232-7008 Assignment of Claims (Overseas) 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

252.246-7008 Sources of Electronic Parts MAY 2018

252.247-7023 Transportation of Supplies by Sea APR 2014

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

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting 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

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment

AUG 2020

52.204-7 System for Award Management OCT 2018

52.212-1 Instructions to Offerors -- Commercial Items JUN 2020

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

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

Diplomatic or Consular Mission Outside the United States

MAY 2020

52.232-11 Extras APR 1984

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

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

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 Acquisition 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).

252.239-7009 - 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

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

"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.

(End of clause)

52.204-24 - Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment - AUG 2020 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--

The offeror shall not complete the representation at paragraph (d)(1) of this provision if the offeror has represented that it "does not provide Covered Telecommunications Equipment or Services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in 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.

Backhaul, Covered Telecommunications Equipment or Services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on contracting for Certain Telecommunications and Video Surveillance Services or equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain national defense authorization Act for fiscal year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

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

Services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of Covered Telecommunications Equipment or Services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

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

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

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

(https://www.sam.gov) for entities excluded from receiving federal awards for "Covered Telecommunications Equipment or

Services".

(d) Representation. The offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, Unique Entity

Identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

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

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

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

(ii) For covered services--

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

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

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

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

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, Unique Entity

Identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

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

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

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

(ii) For covered services--

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

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

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

52.212-3 - Offeror Representations and Certifications -- Commercial Items (Alt1) - MAR

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of 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.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan

Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the

Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"--

Sensitive technology--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13

CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

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 or a 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.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph…