HE125421Q3002 Final .docx

HE125421Q3002

Section SF 1449 - CONTINUATION SHEET

Computer Maintenance Management System

FFP

The vendor shall provide Facilities Enterprise Computer Maintenance Management System per Performance Work Statement (PWS) tasks. 2.1.1 - 2.1.6, 2.2.1 and 2.2.2, Attachment 1 - dated 02/02/21.

Period of Performance: 1 July 2021 - 30 June 2022.

FOB: Destination

DB10

NET AMT

GIS Mapping

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.7, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability for Geographic Information Systems (GIS) identification of open and closed work orders and equipment assets within the CMMS. This capability, if selected, shall allow for locating of work orders via a viewable map on school campus or within identified buildings which allows filtering of work orders by priority, status, and work category. The work orders and equipment assets shall be shown on the campus map or building floor plan based on GIS location. Period of Performance: 1 July 2021 - 30 June 2022.

NET AMT

Inventory Management

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.8, Attachment 1 - dated 02/02/21, The contactor shall provide optional capability that allows for inventory management of available stocked parts for each District or school. Requisition of stocked items and necessary parts will not be performed within the CMMS. Parts and materials shall be tracked to applicable work order or Preventive Maintenance activity/task. Period of Performance: 1 July 2021 - 30 June 2022.

NET AMT

Work Orders & Preventative Maint. Mgmt

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.9, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability within the CMMS to manage project requirements separately from work orders and preventive maintenance. Projects include system replacement, facility modification or new system installation. In conjunction with the DoDEA POC, develop a project request form that utilizes unique tracking numbers which includes Region identification such as EUR, PAC and AMR, short and long description, project justification, cost estimate, document attachment and other fields to be determined. This capability shall include ability to manage project status and funding approval. Period of Performance: 1 July 2021 - 30 June 2022.

NET AMT

FFP

The vendor shall provide Facilities Enterprise Computer Maintenance Management System per Performance Work Statement (PWS) tasks. 2.1.1 - 2.1.6, 2.2.1 and 2.2.2, Attachment 1 - dated 02/02/21.

Period of Performance: 1 July 2022 - 30 June 2023.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.7, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability for Geographic Information Systems (GIS) identification of open and closed work orders and equipment assets within the CMMS. This capability, if selected, shall allow for locating of work orders via a viewable map on school campus or within identified buildings which allows filtering of work orders by priority, status, and work category. The work orders and equipment assets shall be shown on the campus map or building floor plan based on GIS location. Period of Performance: 1 July 2022 - 30 June 2023.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.8, Attachment 1 - dated 02/02/21, The contactor shall provide optional capability that allows for inventory management of available stocked parts for each District or school. Requisition of stocked items and necessary parts will not be performed within the CMMS. Parts and materials shall be tracked to applicable work order or Preventive Maintenance activity/task. Period of Performance: 1 July 2022 - 30 June 2023.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.9, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability within the CMMS to manage project requirements separately from work orders and preventive maintenance. Projects include system replacement, facility modification or new system installation. In conjunction with the DoDEA POC, develop a project request form that utilizes unique tracking numbers which includes Region identification such as EUR, PAC and AMR, short and long description, project justification, cost estimate, document attachment and other fields to be determined. This capability shall include ability to manage project status and funding approval. Period of Performance: 1 July 2022 - 30 June 2023.

NET AMT

FFP

The vendor shall provide Facilities Enterprise Computer Maintenance Management System per Performance Work Statement (PWS) tasks. 2.1.1 - 2.1.6, 2.2.1 and 2.2.2, Attachment 1 - dated 02/02/21.

Period of Performance: 1 July 2023 - 30 June 2024.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.7, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability for Geographic Information Systems (GIS) identification of open and closed work orders and equipment assets within the CMMS. This capability, if selected, shall allow for locating of work orders via a viewable map on school campus or within identified buildings which allows filtering of work orders by priority, status, and work category. The work orders and equipment assets shall be shown on the campus map or building floor plan based on GIS location. Period of Performance: 1 July 2023 - 30 June 2024.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.8, Attachment 1 - dated 02/02/21, The contactor shall provide optional capability that allows for inventory management of available stocked parts for each District or school. Requisition of stocked items and necessary parts will not be performed within the CMMS. Parts and materials shall be tracked to applicable work order or Preventive Maintenance activity/task. Period of Performance: 1 July 2023 - 30 June 2024.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.9, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability within the CMMS to manage project requirements separately from work orders and preventive maintenance. Projects include system replacement, facility modification or new system installation. In conjunction with the DoDEA POC, develop a project request form that utilizes unique tracking numbers which includes Region identification such as EUR, PAC and AMR, short and long description, project justification, cost estimate, document attachment and other fields to be determined. This capability shall include ability to manage project status and funding approval. Period of Performance: 1 July 2023 - 30 June 2024.

NET AMT

FFP

The vendor shall provide Facilities Enterprise Computer Maintenance Management System per Performance Work Statement (PWS) tasks. 2.1.1 - 2.1.6, 2.2.1 and 2.2.2, Attachment 1 - dated 02/02/21.

Period of Performance: 1 July 2024 - 30 June 2025.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.7, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability for Geographic Information Systems (GIS) identification of open and closed work orders and equipment assets within the CMMS. This capability, if selected, shall allow for locating of work orders via a viewable map on school campus or within identified buildings which allows filtering of work orders by priority, status, and work category. The work orders and equipment assets shall be shown on the campus map or building floor plan based on GIS location. Period of Performance: 1 July 2024 - 30 June 2025.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.8, Attachment 1 - dated 02/02/21, The contactor shall provide optional capability that allows for inventory management of available stocked parts for each District or school. Requisition of stocked items and necessary parts will not be performed within the CMMS. Parts and materials shall be tracked to applicable work order or Preventive Maintenance activity/task. Period of Performance: 1 July 2024 - 30 June 2025.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.9, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability within the CMMS to manage project requirements separately from work orders and preventive maintenance. Projects include system replacement, facility modification or new system installation. In conjunction with the DoDEA POC, develop a project request form that utilizes unique tracking numbers which includes Region identification such as EUR, PAC and AMR, short and long description, project justification, cost estimate, document attachment and other fields to be determined. This capability shall include ability to manage project status and funding approval. Period of Performance: 1 July 2024 - 30 June 2025.

NET AMT

FFP

The vendor shall provide Facilities Enterprise Computer Maintenance Management System per Performance Work Statement (PWS) tasks. 2.1.1 - 2.1.6, 2.2.1 and 2.2.2, Attachment 1 - dated 02/02/21.

Period of Performance: 1 July 2025 - 30 June 2026.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.7, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability for Geographic Information Systems (GIS) identification of open and closed work orders and equipment assets within the CMMS. This capability, if selected, shall allow for locating of work orders via a viewable map on school campus or within identified buildings which allows filtering of work orders by priority, status, and work category. The work orders and equipment assets shall be shown on the campus map or building floor plan based on GIS location. Period of Performance: 1 July 2025 - 30 June 2026.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.8, Attachment 1 - dated 02/02/21, The contactor shall provide optional capability that allows for inventory management of available stocked parts for each District or school. Requisition of stocked items and necessary parts will not be performed within the CMMS. Parts and materials shall be tracked to applicable work order or Preventive Maintenance activity/task. Period of Performance: 1 July 2025 - 30 June 2026.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.9, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability within the CMMS to manage project requirements separately from work orders and preventive maintenance. Projects include system replacement, facility modification or new system installation. In conjunction with the DoDEA POC, develop a project request form that utilizes unique tracking numbers which includes Region identification such as EUR, PAC and AMR, short and long description, project justification, cost estimate, document attachment and other fields to be determined. This capability shall include ability to manage project status and funding approval. Period of Performance: 1 July 2025 - 30 June 2026.

NET AMT

FFP

The vendor shall provide Facilities Enterprise Computer Maintenance Management System per Performance Work Statement (PWS) tasks. 2.1.1 - 2.1.6, 2.2.1 and 2.2.2, Attachment 1 - dated 02/02/21.

Period of Performance: 1 July 2026 - 30 June 2027.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.7, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability for Geographic Information Systems (GIS) identification of open and closed work orders and equipment assets within the CMMS. This capability, if selected, shall allow for locating of work orders via a viewable map on school campus or within identified buildings which allows filtering of work orders by priority, status, and work category. The work orders and equipment assets shall be shown on the campus map or building floor plan based on GIS location. Period of Performance: 1 July 2026 - 30 June 2027.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.8, Attachment 1 - dated 02/02/21, The contactor shall provide optional capability that allows for inventory management of available stocked parts for each District or school. Requisition of stocked items and necessary parts will not be performed within the CMMS. Parts and materials shall be tracked to applicable work order or Preventive Maintenance activity/task. Period of Performance: 1 July 2026 - 30 June 2027.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.9, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability within the CMMS to manage project requirements separately from work orders and preventive maintenance. Projects include system replacement, facility modification or new system installation. In conjunction with the DoDEA POC, develop a project request form that utilizes unique tracking numbers which includes Region identification such as EUR, PAC and AMR, short and long description, project justification, cost estimate, document attachment and other fields to be determined. This capability shall include ability to manage project status and funding approval. Period of Performance: 1 July 2026 - 30 June 2027.

NET AMT

FFP

The vendor shall provide Facilities Enterprise Computer Maintenance Management System per Performance Work Statement (PWS) tasks. 2.1.1 - 2.1.6, 2.2.1 and 2.2.2, Attachment 1 - dated 02/02/21.

Period of Performance: 1 July 2027 - 30 June 2028.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.7, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability for Geographic Information Systems (GIS) identification of open and closed work orders and equipment assets within the CMMS. This capability, if selected, shall allow for locating of work orders via a viewable map on school campus or within identified buildings which allows filtering of work orders by priority, status, and work category. The work orders and equipment assets shall be shown on the campus map or building floor plan based on GIS location. Period of Performance: 1 July 2027 - 30 June 2028.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.8, Attachment 1 - dated 02/02/21, The contactor shall provide optional capability that allows for inventory management of available stocked parts for each District or school. Requisition of stocked items and necessary parts will not be performed within the CMMS. Parts and materials shall be tracked to applicable work order or Preventive Maintenance activity/task. Period of Performance: 1 July 2027 - 30 June 2028.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.9, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability within the CMMS to manage project requirements separately from work orders and preventive maintenance. Projects include system replacement, facility modification or new system installation. In conjunction with the DoDEA POC, develop a project request form that utilizes unique tracking numbers which includes Region identification such as EUR, PAC and AMR, short and long description, project justification, cost estimate, document attachment and other fields to be determined. This capability shall include ability to manage project status and funding approval. Period of Performance: 1 July 2027 - 30 June 2028.

NET AMT

FFP

The vendor shall provide Facilities Enterprise Computer Maintenance Management System per Performance Work Statement (PWS) tasks. 2.1.1 - 2.1.6, 2.2.1 and 2.2.2, Attachment 1 - dated 02/02/21.

Period of Performance: 1 July 2028 - 30 June 2029.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.7, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability for Geographic Information Systems (GIS) identification of open and closed work orders and equipment assets within the CMMS. This capability, if selected, shall allow for locating of work orders via a viewable map on school campus or within identified buildings which allows filtering of work orders by priority, status, and work category. The work orders and equipment assets shall be shown on the campus map or building floor plan based on GIS location. Period of Performance: 1 July 2028 - 30 June 2029.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.8, Attachment 1 - dated 02/02/21, The contactor shall provide optional capability that allows for inventory management of available stocked parts for each District or school. Requisition of stocked items and necessary parts will not be performed within the CMMS. Parts and materials shall be tracked to applicable work order or Preventive Maintenance activity/task. Period of Performance: 1 July 2028 - 30 June 2029.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.9, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability within the CMMS to manage project requirements separately from work orders and preventive maintenance. Projects include system replacement, facility modification or new system installation. In conjunction with the DoDEA POC, develop a project request form that utilizes unique tracking numbers which includes Region identification such as EUR, PAC and AMR, short and long description, project justification, cost estimate, document attachment and other fields to be determined. This capability shall include ability to manage project status and funding approval. Period of Performance: 1 July 2028 - 30 June 2029.

NET AMT

FFP

The vendor shall provide Facilities Enterprise Computer Maintenance Management System per Performance Work Statement (PWS) tasks. 2.1.1 - 2.1.6, 2.2.1 and 2.2.2, Attachment 1 - dated 02/02/21.

Period of Performance: 1 July 2029 - 30 June 2030.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.7, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability for Geographic Information Systems (GIS) identification of open and closed work orders and equipment assets within the CMMS. This capability, if selected, shall allow for locating of work orders via a viewable map on school campus or within identified buildings which allows filtering of work orders by priority, status, and work category. The work orders and equipment assets shall be shown on the campus map or building floor plan based on GIS location. Period of Performance: 1 July 2029 - 30 June 2030.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.8, Attachment 1 - dated 02/02/21, The contactor shall provide optional capability that allows for inventory management of available stocked parts for each District or school. Requisition of stocked items and necessary parts will not be performed within the CMMS. Parts and materials shall be tracked to applicable work order or Preventive Maintenance activity/task. Period of Performance: 1 July 2029 - 30 June 2030.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.9, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability within the CMMS to manage project requirements separately from work orders and preventive maintenance. Projects include system replacement, facility modification or new system installation. In conjunction with the DoDEA POC, develop a project request form that utilizes unique tracking numbers which includes Region identification such as EUR, PAC and AMR, short and long description, project justification, cost estimate, document attachment and other fields to be determined. This capability shall include ability to manage project status and funding approval. Period of Performance: 1 July 2029 - 30 June 2030.

NET AMT

FFP

The vendor shall provide Facilities Enterprise Computer Maintenance Management System per Performance Work Statement (PWS) tasks. 2.1.1 - 2.1.6, 2.2.1 and 2.2.2, Attachment 1 - dated 02/02/21.

Period of Performance: 1 July 2030 - 30 June 2031.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.7, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability for Geographic Information Systems (GIS) identification of open and closed work orders and equipment assets within the CMMS. This capability, if selected, shall allow for locating of work orders via a viewable map on school campus or within identified buildings which allows filtering of work orders by priority, status, and work category. The work orders and equipment assets shall be shown on the campus map or building floor plan based on GIS location. Period of Performance: 1 July 2030 - 30 June 2031.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.8, Attachment 1 - dated 02/02/21, The contactor shall provide optional capability that allows for inventory management of available stocked parts for each District or school. Requisition of stocked items and necessary parts will not be performed within the CMMS. Parts and materials shall be tracked to applicable work order or Preventive Maintenance activity/task. Period of Performance: 1 July 2030 - 30 June 2031.

NET AMT

FFP

*Optional CLIN* Per the Performance Work Statement (PWS) section 2.1.9, Attachment 1 - dated 02/02/21, The contractor shall provide optional capability within the CMMS to manage project requirements separately from work orders and preventive maintenance. Projects include system replacement, facility modification or new system installation. In conjunction with the DoDEA POC, develop a project request form that utilizes unique tracking numbers which includes Region identification such as EUR, PAC and AMR, short and long description, project justification, cost estimate, document attachment and other fields to be determined. This capability shall include ability to manage project status and funding approval. Period of Performance: 1 July 2030 - 30 June 2031.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-JUN-2022

ATTN: SUPPLY ROOM

4800 MARK CENTER DR

ALEXANDRIA VA 22350-1400

571-372-1363

HE1254

30-JUN-2022

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30-JUN-2023

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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) Representations. 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.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(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…