HC102121QA072-0002.v0.pdf

IQO INQUIRY

FM: PL52

TO: Contractors

DATE (MM/DD/YYYY): 7/13/2021

SUBJECT: HC102121QA072-0002 Amend: 0002

A. TYPE ACTION: ADMIN AMEND

1. PURPOSE: The purpose of amendment 0002 is to add FAR clause 52.204-2, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

2. To be considered for award, offerors shall acknowledge receipt of amendment to this solicitation by the closing date and time specified below. The Government will not consider offers received prior to the issuance of AMENDMENT 0002.

3. The proposal due date remains unchanged at July 21, 2021, 10:00 AM local Bahrain time.

***RECAP AMEND 0001:

The purpose of this amendment 0001 is to update Section M. All changes are in red text.

2. To be considered for award, offerors shall acknowledge receipt of amendment to this solicitation by the closing date and time specified below. The Government will not consider offers received prior to the issuance of AMENDMENT 0001.

3. The proposal due date remains unchanged at July 21, 2021, 10:00 AM local Bahrain time.

***BASIC RFQ RECAP:

NOTICE TO THE VENDORS: THIS SOLICITATION IS A REPLACED OF HC102121QA040 WHICH

HAD BEEN CANCELLED.

2. Start a 10MB circuit commercial lease between (DLA) router at NSA Bahrain and Banz 12 Warehouse in Juffair, Bahrain.

3. The requested service date is August 16, 2021, but no later than six (6) weeks after receipt of order. The customer desires and will accept earliest possible service date.

4. 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.

HC102121QA072-0002

5. 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.

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. Telecom Provider (TP) shall conduct a kick-off teleconference meeting with DITCO and local POCs within ten business days after receipt of order addressed to DITCO-Europe SWA Procurement Branch Contract via e-mail at maria.r.wells.civ@mail.mil, anh.t.carlton.civ@mail.mil, and disa.stuttgart.ditco.mbx.pl52@mail.mil.

M. ADDITIONAL INFORMATION:

3. TSR NUMBER: LA25JAN215372A

4. CCSD: NUEDWHL2

Z. DITCO CONTACT:

Maria Wells

318 804 3785 (DSN)

Maria.r.wells.civ@mail.mil

Anh T. Carlton

DITCO Contracting Officer

Add the Following:

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

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

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).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of Covered Telecommunications Equipment or Services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(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. 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 FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(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) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)