LEVC000326EBM.v0.pdf

ORDER

IQO CONTRACT

FM: PL8211

TO: LEVEL 3 COMMUNICATIONS, LLC - 3A6U5

DATE (MM/DD/YYYY): 10/13/2022

SUBJECT: HC101323PA002

A. TYPE ACTION: START

1. PURPOSE: 1. IN ACCORDANCE WITH INQUIRY HC101322QA464, PROCEED TO PROVIDE,

INSTALL, AND MAINTAIN A DEDICATED 100GB LEASE BETWEEN BLDG 10828 RM 8110, 1ST

FLR, 4180 WATSON WAY, WRIGHT PATTERSON AFB, OH,45433, CCI; AND BLDG 400 RM 303,

3RD FLR, 400 PIKE ST. CINCINNATI, OH, 45202, CCI.

A. THIS REQUIREMENT NEEDS DUAL CONNECTIVITY AND IS NOT REQUIRED TO BE

PHYSICALLY DIVERSE FROM THE RELATED TSR: DZ08JUN225579.

B. THE CIRCUIT MUST MAINTAIN 98.5% AVAILABILITY. 100GB SERVICE WILL BE PROVIDED

OVER OTN TRANSPORT WITH 100GB ETHERNET HAND-OFF. THIS ETHERNET CIRCUIT

SUPPORTS HIGH SPEED TIME DOMINANT DATA CRITICAL TO THE USER. MUST AVOID ALL

SATELLITE TRANSMISSION.

C. AVAILABILITY SHALL NOT BE LESS THAN 98.5%; ERROR FREE SECONDS SHALL NOT BE

LESS THAN 99.6%; BER DURING ERRORED SECONDS SHALL NOT EXCEED 1 TIMES 10 TO

MINUS 10. CIR OF 98.849GB, JITTER (FDV) 3MS OR LESS AND FRAME LOSS EQUAL TO ZERO

OVER THE ENTIRE TEST PERIOD. TEST SET-UP USING EMIX PATTERN ABCDEFGH WITH "H"

EQUAL TO 9000 BYTES (JUMBO FRAME MTU).

2. THE SERVICE DATE TO BE MET IS: 27 FEB 23 (SIP). THE GOVERNMENT WILL ASSESS

CONSIDERATION IAW STANDARD PROVISION 42 FOR DELAY ON DELIVERY OF CIRCUIT ON

CONTRACTED SERVICE DATE.

3. ESTABLISH TSP: TSP0LTRQ1-02

4. SEE ATTACHMENTS AND UNIQUE INSTALLATION FACTORS FOR TECHNICAL

REQUIREMENTS SPECIFIC TO THIS ORDER.

5. CONTRACTOR MUST UPLOAD NOTICE OF COMPLETION IN IDEAS.

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

B. ALLA NUMBER:

C. TSP AUTHORIZATION CODE: TSP0LTRQ1-02

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 2/27/2023

HC101323PA002 / LEVC000326EBM

F. TYPE OF CIRCUIT/BANDWIDTH/DATA RATE: 100 Gigabit

G. LOCATION OF TERMINATION A:

1. ADDRESS: (BLDG) 400;400 PIKE ST.SUITE #303;CINCINNATI, OH, 45202

2. ROOM: 303; 3 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: 100GBASE-LR; PHYSICAL: LC;;(PHYSICAL) LC;(ELECTRICAL) 100GBASE-LR

3. DEMARK: (BLDG) 400;

400 PIKE ST. 303; 3 FL

SUITE #303;

CINCINNATI, OH, 45202

(PMRY POC) UNKNOWN INTERNET 2;

(UNCLASS ORG) NOC@NET.INTERNET2.EDU;

(CMCL) 317-278-6622

4. NPA/NXX: 317/278

5. UNIQUE INSTALLATION FACTORS: ***THERE IS A CROWN CASTLE, DARK FIBER PATCH

PANEL (733635A-DF-WPABOHBK-DYTNOH4N) LOCATED AT 40 N. MAIN ST., KETTERING

TOWER DAYTON, OH 45423. FROM THERE UTILIZE EXISTING FIBER INFRASTRUCTURE TO

EXTEND 100GB FIBER CONNECTION TO 4180 WATSON WAY, DAYTON, OH, 45433 TO BEGIN

SERVICE AND TO COMPLETE SERVICE AT 400 PIKE ST., CINCINNATI, OH, 45202.***

(A) EQUIPMENT INFORMATION: CISCO ROUTER 8200;

(B) TERM: OPTICAL

(C) INTERFACE 100GBASE-LR; PHYSICAL INTERFACE AC-LC INTERFACE: ELECTRICAL:

100GBASE-LR; PHYSICAL: LC;; (PHYSICAL) LC; (ELECTRICAL) 100GBASE-LR;

(D) INSIDE WIRE INSTL/MAINT: CPIWI-NO/CPIWM-NO

(E) UNIQUE INST FACT:

A. NGA GOVERNMENT PERSONNEL ARE RESPONSIBLE FOR COORDINATING WITH LOCAL

COMM PERSONNEL TO EXTEND THE CIRCUIT (IF THEY ARE NOT PRESENT TO EXTEND

THE CIRCUIT) FROM THE JUNIPER AT THE DEMARC LOCATION TO NGA EQUIPMENT.

TCS PERSONNEL WILL ASSIST NGA GOVERNMENT POCS WITH TECHNICAL ISSUES AND

REQUIREMENTS.

B. VENDOR SHALL TERMINATE REQUESTED CIRCUIT AT THE DEMARC LOCATION AS

INDICATED.

C. THE CIRCUIT MUST BE TAGGED WITH THE DISA CIRCUIT ID, LONG HAUL AND LOCAL

CIRCUIT ID AT THE SDP/DEMARC.

D. VENDOR MUST SCHEDULE/COORDINATE WITH THE POCS LISTED ON THIS ORDER 7

DAYS IN ADVANCE AND PROVIDE DISA CIRCUIT ID (CCSD) PRIOR TO SITE SURVEYS OR

INSTALLATION.

E. VENDOR MUST ADD NGACIRCUITACTIONSGROUP@NGA.MIL TO ALL EMAILS

CONCERNING THIS CIRCUIT TO INCLUDE, BUT NOT LIMITED TO, TEST RESULTS (IF

APPLICABLE), ACTIVATION NOTICE, REQUEST FOR ASSISTANCE FROM NGA, ETC. EMAIL

MUST INCLUDE THE DISA CIRCUIT ID (CCSD).

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

7. CONTACT: -

(PMRY POC) UNKNOWN INTERNET 2;

(ALT POC) MR. NGA NOPSG;

(UNCLASS ORG) NOPSG@NGA.MIL; (CMCL) 571-558-2002

(PMRY TECH POC) MR. AARON R BIRKETT;

(UNCLASS ORG) AARON.R.BIRKETT.CTR@NGA.MIL;

(CMCL) 314-676-8813

(PMRY IT POC) UNKNOWN INTERNET 2;

I. TERMINATION EQUIPMENT A: EQUIPMENT INFORMATION: CISCO ROUTER 8200;

J. LOCATION OF TERMINATION B:

1. ADDRESS: (BLDG) 10828;4180 WATSON WAY;WRIGHT PATTERSON AFB, OH, 45433

2. ROOM: 8110; 1 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: 100GBASE-LR; PHYSICAL: LC;;(PHYSICAL) LC;(ELECTRICAL) 100GBASE-LR;

3. DEMARK: (BLDG) 10828; 8110; 1 FL

4180 WATSON WAY;

WRIGHT PATTERSON AFB, OH, 45433

(PMRY POC) MR. BRANT BRUNO;

(UNCLASS ORG) BRANT.BRUNO@US.AF.MIL;

(CMCL) 937-257-6900; (DSN) 314-787-6900

4. NPA/NXX: 937/257

5. UNIQUE INSTALLATION FACTORS: (A) EQUIPMENT INFORMATION: PAN ALTO

NETWORKS; PAN-PA5450

(B) TERM: OPTICAL

(C) 100GBASE-LR; PHYSICAL: LC;; (PHYSICAL) LC; (ELECTRICAL) 100GBASE-LR;

(D) INSIDE WIRE INSTL/MAINT: CPIWI-NO/CPIWM-NO

(E) UNIQUE INST FACT:

A. NGA GOVERNMENT PERSONNEL ARE RESPONSIBLE FOR COORDINATING WITH LOCAL

COMM PERSONNEL TO EXTEND THE CIRCUIT (IF THEY ARE NOT PRESENT TO EXTEND

THE CIRCUIT) FROM THE JUNIPER AT THE DEMARC LOCATION TO NGA EQUIPMENT.

TCS PERSONNEL WILL ASSIT NGA GOVERNMENT POCS WITH TECHNICAL ISSUES AND

REQUIREMENTS.

B. VENDOR SHALL TERMINATE REQUESTED CIRCUIT AT THE DEMARC LOCATION AS

INDICATED.

C. THE CIRCUIT MUST BE TAGGED WITH THE DISA CIRCUIT ID, LONG HAUL AND LOCAL

CIRCUIT ID AT THE SDP/DEMARC.

D. VENDOR MUST SCHEDULE/COORDINATE WITH THE POCS LISTED ON THIS ORDER 7

DAYS IN ADVANCE AND PROVIDE DISA CIRCUIT ID (CCSD) PRIOR TO SITE SURVEYS OR

INSTALLATION.

E. VENDOR MUST ADD NGACIRCUITACTIONSGROUP@NGA.MIL TO ALL EMAILS

CONCERNING THIS CIRCUIT TO INCLUDE, BUT NOT LIMITED TO, TEST RESULTS (IF

APPLICABLE), ACTIVATION NOTICE, REQUEST FOR ASSISTANCE FROM NGA, ETC. EMAIL

MUST INCLUDE THE DISA CIRCUIT ID (CCSD).

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

7. CONTACT: -

(PMRY POC) MR. BRANT BRUNO;

(UNCLASS ORG) BRANT.BRUNO@US.AF.MIL;

(CMCL) 937-257-6900; (DSN) 314-787-6900

(ALT POC) MR. RICHARD CARNES;

(UNCLASS ORG) RICHARD.CARNE.3@US.AF.MIL;

(CMCL) 937-522-6109; (DSN) 312-672-6109

(PMRY TECH POC) MR. AARON R BIRKETT;

(UNCLASS ORG) AARON.R.BIRKETT.CTR@NGA.MIL;

(CMCL) 314-676-8813

(ALT TECH POC) MR. NGA NOPSG;

(UNCLASS ORG) NOPSG@NGA.MIL;

(CMCL) 571-558-2002

(PMRY IT POC) UNKNOWN TECH CONTROL;

(UNCLASS ORG) NASICCIRCUITACTIONS@US.AF.MIL;

(CMCL) 937-257-6444; (DSN) 312-787-6444

(ALT IT POC) MR. MICHAEL A BERGER;

(CLASS USER) MICHAEL.A.BERGER3.CIV@MAIL.SMIL.MI;

(UNCLASS ORG) NASICCIRCUITACTIONS@US.AF.MIL;

(UNCLASS USER) MICHAEL.BERGER@US.AF.MIL;

(CMCL) 937-522-2067; (DSN) 312-672-2067

L. TERMINATION EQUIPMENT B: EQUIPMENT INFORMATION: PAN ALTO NETWORKS; PAN-

PA5450

M. ADDITIONAL INFORMATION:

1. CSA NUMBER: LEVC000326EBM

2. BASIC AGREEMENT NUMBER: HC101319H0030

3. TSR NUMBER: DZ08JUN225580B

4. CCSD: NUED7V7W

5. DIVERSITY REQUIREMENTS: NA

6. LOCATIONS TO BE AVOIDED: N/A

7. TRANSMISSION MEDIA TO BE AVOIDED: N/A

8. NETWORKS TO BE AVOIDED: N/A

9. CIRCUIT PARAMETERS: SEE TESTING REQUIREMENTS

10. TESTING REQUIREMENTS: SEE ATTACHED

11. GOVERNMENT ACCEPTANCE ACTIVITY: SPRNGFLD/51/DMA/

D312-547-4616,C571-558-2002

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

SECURITY CLEARANCE NOT REQUIRED. ACTIVITIES WILL PROVIDE CLEARED ESCORTS AS

NECESSARY. COORDINATION REQUIRED 7 DAYS IN ADVANCE FOR ADMITTANCE TO THE

FACILITY. (SP B) CLEARANCE REQUIRED

13. SITE ACCESS REQUIREMENTS: (SP A) CLEARANCE REQUIRED; ESCORT REQUIRED;

SECURITY CLEARANCE NOT REQUIRED. ACTIVITIES WILL PROVIDE CLEARED ESCORTS AS

NECESSARY. COORDINATION REQUIRED 7 DAYS IN ADVANCE FOR ADMITTANCE TO THE

FACILITY. (SP B) CLEARANCE REQUIRED

14. STANDARD PROVISIONS: Incorporated in full text below

15. CHARGES: See Attachment

16. DITCO FUND CITE: 97X4930.5F20 000 C1013 0 068142 2F 233003

17. EXPIRATION DATE: Telecommunications service provided under this contract will continue until 12 OCT 27, unless sooner discontinued.

18. SIMULTANEOUS ACTION TSR NUMBER:

N. ADDRESS FOR SUBMISSION OF INVOICES: DFAS COLUMBUS (JAQEBB), P.O. BOX 182317,

COLUMBUS, OHIO, 43218-2317

Z. DITCO CONTACT:

JOHN WARNER

618-418-6466 john.d.warner28.civ@mail.mil

KEVIN L. KNOWLES

DITCO Contracting Officer

(618)418-6527 kevin.l.knowles4.civ@mail.mil

Attachment A - CLINs and Charges

Currency: USD

CLIN/SLIN Item # Description Qty Unit NRC MRC EXT Price PoP From PoP To Location

0001 MRC 2/27/2023 10/12/2027 CINCINN

T; BCC;

0001AA MONTHLY

RECURRING

CHARGE

1 EA $5,299.75 $5299.75 2/27/2023 10/12/2027 CINCINN

T; BCC;

0002 NRC 2/27/2023 2/28/2023 CINCINN

T; BCC;

0002AA NON-

RECURRING

CHARGE

1 EA $2,000.00 $2000.00 2/27/2023 2/28/2023 CINCINN

T; BCC;

Total EXT MRC: $5299.75 for POP from 2/27/2023 to 10/12/2027

Total EXT NRC: $2000.00

Section G - Contract Administration Data

Included Clauses

G1 - Points of Contact - MAY 2022 Contracting Officer

Name: Kevin Knowles

Organization/Office Symbol: PL8211 Phone No.: 618-418-6527

E-Mail Address: kevin.l.knowles4.civ@mail.mil

Contract Specialist

Name: John D. Warner III

Organization/Office Symbol: PL8211 Phone No.: 618-418-6466

E-Mail Address: john.d.warner28.civ@mail.mil

COR/Mission Partner Point of Contact

Name: Alfonso L. Davis

Organization/Office Symbol: NGA

Phone No.: 314-676-5011

E-Mail Address: alfonso.l.davis@nga.mil

Contractor Point of Contact

Contractor Legal Business Name: Level 3 Communications, LLC

UEI:

CAGE CODE: 3A6U5

Contractor POC: Chloe Shoemaker

E-Mail Address: CHLOE.SHOEMAKER@LUMEN.COM

Phone Number: (877) 453-8353

(End Clause)

Standard Provisions

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, [ X ] 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 - MAY 2021

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 [ X ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer;

product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services - JAN 2021

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

Covered defense telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in

Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration

Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50

U.S.C. 4817).

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

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

252.225-7056 - Prohibition Regarding Business Operations with the Maduro Regime -

MAY 2022

Agency or instrumentality of the government of Venezuela means an agency or instrumentality of a foreign state as defined in 28

U.S.C. 1603(b), with each reference in section 1603(b) to a foreign state deemed to be a reference to Venezuela.

Business operations means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Government of Venezuela means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

Person means--

(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraph (1) or (2) of this definition.

(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), DoD is prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the U.S. Government, unless the person has a valid license to operate in

Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c) The Contractor shall--

(1) Not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the U.S. Government; or

(2) Have a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the

Treasury.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

252.239-7098 - Prohibition on Contracting to Maintain or Establish a Computer Network

Unless Such Network is Designed to Block Access to Certain Websites—Representation

(Deviation 2021-O0003) - APR 2021

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other

Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does not limit the use of funds necessary for any

Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or establish a computer network unless such network is designed to block access to pornography websites.

52.204-24 - Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment - NOV 2021 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 Products or Commercial Services. 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) Representation. The Offeror represents that--

(1) It [ ] will, [ X ] 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, [ X ] 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.

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

Surveillance Services or Equipment - NOV 2021

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 products or commercial services.

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

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

Surveillance Services or Equipment.

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

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

(c) (1) Representation. The Offeror represents that it [ ] does, [ X ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.229-11 - Tax on Certain Foreign Procurements—Notice and Representation - JUN 2020

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

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14.

Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that--

(1) It [_]is [_]is not a foreign person; and

(2) If the Offeror indicates ``is'' in paragraph (d)(1) of this provision, then the Offeror represents that--I am claiming on the IRS

Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then--

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects ``is'' in paragraph (d)(1) and ``partial or no exemption'' in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the

IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

STANDARD PROVISION - 02 - UNDERSTANDING OF DITCO IQO ACQUISITION

DESKBOOK - APR 2019

Contractor/Telecommunications Provider (TP) acknowledges it has read and understands the current published "DITCO

Inquiry/Quote/Order (IQO) Acquisition Deskbook" version 7.1 available from the Integrated Defense Enterprise Acquisition

System (IDEAS) Contractor web site https://depsland.csd.disa.mil/html/vendor/vendorreference.html. Contractor agrees that the most recent Standard Provisions as set forth in this order take precedent over any conflicting terms and conditions in the BA.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND."

STANDARD PROVISION - 27 - APPROVALS AND PERMITS - AUG 2017

Contractor/Telecommunications Provider (TP) receiving this contract shall be responsible for having or obtaining all approvals and permits necessary to provide this service. The requirement that the TP obtain all approvals and permits is a contract administration issue. Inability of Contractor/TP to obtain any such approval or permit shall not be a valid basis for not meeting service date or providing service. Failure of a Contractor/TP to obtain any approval or permit necessary to provide this service may result in termination of this contract by U.S. Government for default at no cost to U.S. Government and/or receipt of a negative past performance rating.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND/WILL COMPLY.

STANDARD PROVISION - 30 - CONTRACT PERIOD - AUG 2017

This telecommunications service contract shall continue on a month to month basis with a not to exceed date of 12 OCT 27.

After this period the contract will be considered expired with no authority for service to continue unless mutually agreeable by both parties. Should service continue through the end of this contract period, no modification will be issued to authorize discontinuance of service. The minimum service period shall be one month. Accordingly the U.S. Government may discontinue service, at no additional cost to U.S. Government. U.S. Government will provide Contractor/Telecommunications Provider (TP)

30 days notice prior to discontinuing service before the not to exceed period. Contractors shall consider the ability of the

Government to discontinue service with 30 days notice when determining the reasonableness of incurring any costs. See

DFARS 252.239-7007, Cancellation Or Termination Of Orders.

Quotes that do not accept the minimum one month service period may be excluded from the competition and found unacceptable. In the event U.S. Government is unable to obtain quotes that meet this minimum service period, U.S.

Government may consider quotes with a minimum service period greater than one month.

The Government reserves the right to re-solicit these contracted services prior to the end of the not to exceed contract period when commercial market pricing demonstrates these services become available at lower prices.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND/WILL COMPLY."

STANDARD PROVISION - 33 - COMPLETION NOTICE - AUG 2017

Contractor/Telecommunications Provider (TP) shall provide a completion notice to DITCO within 72 hours of delivering service to

U.S. Government acceptance activity. The customer then has an additional 72 hours to notify DITCO if they disagree that the service is complete. A completion notice must include following information: (1) Contract PIID number; (2) DITCO CSA number,

(3) DITCO TSR number, (4) type of action, (5) contracted service date, (6) date service was delivered to and accepted by U.S.

Government acceptance activity; (7) commercial circuit identifier or phone number; (8) Contractor's/TP's trouble reporting number; (9) Contractor bill cycle end date; (10) a listing of any equipment installed on government premises by location and any deviations from service ordered; (11) name, phone number, and e-mail address U.S. Government representative (non-DITCO) that accepted service; and (12) Contractor/TP POC name, phone number, and e-mail address; (13) Local Exchange Company

(LEC) circuit identification (ID) number(s). Unless deviations are identified, completion notice will serve as Contractor/TP's confirmation that service was provided in accordance with contract. A follow-up completion notice will be required when deviations are cleared. Failure of Contractor/TP to provide completion notice may result in delay in invoice payment. DITCO's preferred method of receiving a completion notice is via Integrated Defense Enterprise Acquisition System (IDEAS). However, Contractors/TPs not authorized to obtain a PKI certificate may submit their completion notice via email to the applicable following address that issued the inquiry:

DITCO-Scott (IQO Section) disa.scott.ditco.mbx.pl8211@mail.mil

DITCO-Scott (PL8212 Section) disa.scott.ditco.mbx.pl8212@mail.mil

DITCO-Pacific (Ford Is Office) disa.jbphh.ditco.mbx.iqo@mail.mil

DITCO-Pacific (Alaska Office) disa.jber.ditco.other.ditcoako@mail.mil

DITCO-Europe (Stuttgart Office) disa.stuttgart.ditco.mbx.pl511@mail.mil

DITCO-Europe (SWA Bahrain Office) disa.stuttgart.ditco.mbx.pl52@mail.mil

ACCEPTABLE CONTRACTOR/TELECOMMUNICATION PROVIDER (TP) RESPONSE: "UNDERSTAND/WILL COMPLY."

STANDARD PROVISION - 37 - JEOPARDY NOTICE - AUG 2017

Contractor/Telecommunications Provider (TP) shall immediately provide a Jeopardy Notice via Integrated Defense Enterprise

Acquisition System (IDEAS) prior to the contracted service date as soon as Contractor/TP becomes aware contract service date may not be or cannot be met.