LEVC000328EBM.v0.pdf

ORDER

IQO CONTRACT

FM: PL8211

TO: LEVEL 3 COMMUNICATIONS, LLC - 3A6U5

DATE (MM/DD/YYYY): Populated on Release of Order

SUBJECT: HC101323PA034

A. TYPE ACTION: START

1. PURPOSE: 1. IN ACCORDANCE WITH INQUIRY HC101322QA452, PROCEED TO PROVIDE,

INSTALL, AND MAINTAIN A PT-TO-PT DEDICATED 10GB ETHERNET OVER DEDICATED,

NON-ROUTED COMMERCIAL TRANSPORT USING WAVE TRANSPORT TECHNOLOGY WITH

10GB ETHERNET (LAN-PHY) HAND-OFF BETWEEN BLDG 311, ROOM 2, SWITCH ROOM,

CORNER OF LONG CORNER ROAD AND PLUMB LOOP, ABERDEEN PROVING GROUND, MD

21005-5001/CCI TO BLDG 104, RM 8, FL 1, 104 JAMES GIAMMALVO ROAD, OTIS ANGB, MA

02542-1330/CCI.

A. THE RTD SHALL BE LESS THAN OR EQUAL TO 10 MILLISECONDS TO EFFECTIVELY

SUPPORT THE GOVERNMENT'S MISSION. NOTE: FOR LOCATIONS THAT HAVE A TOTAL

FIBER ROUTE DISTANCE OVER 600 MILES (ONE WAY), WHERE THE 10 MILLISECONDS RTD

SPECIFICATION CANNOT REASONABLE BE MET, THE RTD SHALL BE LESS THAN OR EQUAL

TO 10 MILLISECONDS PER 350 MILES MEASURED IN A STRAIGHT LINE BETWEEN THE A AND

Z LOCATIONS.

B. AVOID DISA MPLS/IP TRANSPORT SERVICES.

2. THE SERVICE DATE TO BE MET IS: 21 MAR 23 (SIP). THE GOVERNMENT WILL ASSESS

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

CONTRACTED SERVICE DATE.

3. ESTABLISH TSP: TSP0KB8E2-02

4. SEE ATTACHMENTS AND UNIQUE INSTALLATION FACTORS FOR TECHNICAL

REQUIREMENTS SPECIFIC TO THIS ORDER.

5. CONTRACTOR MUST UPLOAD NOTICE OF COMPLETION IN IDEAS.

6. THIS REQUIREMENT MUST BE WORKED IN CONJUNCTION WITH INQUIRY#

HC101322QA451 / TSR# AZ26MAR206605 AND MUST BE ENGINEERED AND PROVISIONED

TOTALLY DIVERSE END TO END FROM THE GOVERNMENT SERVICE DELIVERY POINTS

(SDP) FROM INQUIRY# HC101322QA452 / TSR# AZ26MAR206601; MEANING THE PHYSICAL

PATHS ARE TOTALLY SEPARATE INCLUDING MANHOLES, CONDUIT, CENTRAL OFFICE

LOCATIONS, AND FIBER BUILDS. ADDITIONALLY, AS A MINIMUM MUST HAVE 50 METERS

PHYSICAL SEPARATION FROM INQUIRY# HC101322QA451 / TSR# AZ26MAR206605.

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

B. ALLA NUMBER:

HC101323PA034 / LEVC000328EBM

C. TSP AUTHORIZATION CODE: TSP0KB8E2-02

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 3/21/2023

F. TYPE OF CIRCUIT/BANDWIDTH/DATA RATE: 10.3125 Gigabit

G. LOCATION OF TERMINATION A:

1. ADDRESS: 311, CORNER OF LONG CORNER ROAD AND PLUMB LOOP ABERDEEN

PROVING GROUND, MD 21005-5001

2. ROOM: ROOM 2, SWITCH ROOM

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: 10GBASE-LR XFP (1310NM)

3. DEMARK: BLDG 311, ROOM 2, SWITCH ROOM, CORNER OF LONG CORNER ROAD AND

PLUMB LOOP, ABERDEEN PROVING GROUND, MD 21005-5001 PRI: BILL MILLER, D298-1555,

C410-278-1555 ALT: SHARON POPP, D584-4491, C410-436-4491

4. NPA/NXX: 410/278

5. UNIQUE INSTALLATION FACTORS: (A) CIENA-6500-RECONFIG-OPTICAL-ADD-DROP-

MUX(GFE)(DISA IE1 PROVIDED)

(B) OPTICAL

(C) FIBER CABLE X-CONNECT, IN-HOUSE, INSIDE WIRE, SINGLE-MODE, 1310NM, DISA CORE

(D) FIBER TERMINATING PATCH PANEL (GFE)(DISA CONUS PROVIDED)

(1) FOR LOCAL COMMUNICATIONS UNIT: THE LOCAL COMM UNIT WILL EXTEND SERVICE

FROM THE COMMERCIAL DEMARC TO THE SERVICE DELIVERY POINT (SDP). FOR

CIRCUIT ACTIVATION ASSISTANCE CONTACT DCP COMMERCIAL ACTIVATION TEAM (CAT)

AT D312-850-0820, C614-692-0820. DISA REQUIRES THAT CIRCUIT VENDOR OBTAIN A

SIGNATURE FROM A RESPONSIBLE SITE POC CERTIFYING THAT THE VENDOR PROVIDED

THE CONNECTIVITY AND THAT THE CIRCUIT IS PROPERLY TAGGED WITH CIRCUIT ID AND

TSR NUMBER OR CCSD.

(2) FOR THE VENDOR: VENDOR WILL DELIVER SERVICE TO THE COMMERCIAL DEMARC

IDENTIFIED IN THE DOCUMENT.

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

7. CONTACT: PRI: BILL MILLER, D298-1555, C410-278-1555 EMAIL:

WILLIAM.C.MILLER268.CIV@MAIL.MIL ALT: SHARON POPP, D584-4491,

C410-436-4491 EMAIL: SHARON.L.POPP2.CIV@MAIL.MIL EMAIL:

USARMY.APG.NETCOM.MBX.CIRCUIT.ACTIONS@MAIL.MIL

I. TERMINATION EQUIPMENT A: COMMERCIAL DEMARK; CIENA-6500 (GFE)(DISA IE1

PROVIDED)

J. LOCATION OF TERMINATION B:

1. ADDRESS: 104; 104 JAMES GIAMMALVO ROAD OTIS ANGB, MA 02542-1330

2. ROOM: 8; 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: 10GBASE-LR XFP (1310NM)

3. DEMARK: (BLDG) 104, (RM)8, (FL) 1ST; 104 JAMES GIAMMALVO ROAD, OTIS ANGB, MA

02542-1330 (KNOWN TO THE COMMERCIAL VENDOR AS 104 EAST INNER ROAD, OTIS ANGB,

MA 02542) (PMRY POC) MR. DAIVD P MENDOZA; (CMCL) 508-968-4013

4. NPA/NXX: 508/968

5. UNIQUE INSTALLATION FACTORS: (A) EQUIPMENT INFORMATION: DCGS NETMOD

CIENA ROADM 6500

(B) INTERFACE: 10GBASE-LR XFP (1310NM)

(1) FOR LOCAL COMMUNICATIONS UNIT: THE LOCAL COMM UNIT WILL EXTEND SERVICE

FROM THE COMMERCIAL DEMARC TO THE SERVICE DELIVERY POINT (SDP). FOR

CIRCUIT ACTIVATION ASSISTANCE CONTACT DCP COMMERCIAL ACTIVATION TEAM (CAT)

AT D312-850-0820, C614-692-0820. DISA REQUIRES THAT CIRCUIT VENDOR OBTAIN A

SIGNATURE FROM A RESPONSIBLE SITE POC CERTIFYING THAT THE VENDOR PROVIDED

THE CONNECTIVITY AND THAT THE CIRCUIT IS PROPERLY TAGGED WITH CIRCUIT ID AND

TSR NUMBER OR CCSD.

(2) FOR THE VENDOR: VENDOR WILL DELIVER SERVICE TO THE COMMERCIAL DEMARC

IDENTIFIED IN THE DOCUMENT.

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

7. CONTACT: (PMRY POC) MR. DAIVD P MENDOZA; (CMCL) 508-968-4013 (UNCLASS

USER)DAVID.MENDOZA.14@US.AF.MIL

L. TERMINATION EQUIPMENT B: COMMERCIAL DEMARK; DCGS NETMOD CIENA ROADM

M. ADDITIONAL INFORMATION:

1. CSA NUMBER: LEVC000328EBM

2. BASIC AGREEMENT NUMBER: HC101319H0030

3. TSR NUMBER: AZ01APR206605F

4. CCSD: JUED7VDN

5. DIVERSITY REQUIREMENTS: SOLICITATION: HC101322QA451, TSR: Z01APR206601,

CCSD: 7U0N AND AVOIDANCE OF FOREIGN OWNED & MAINTAINED FIBER

INFRASTRUCTURE, NOC, ETC.

6. LOCATIONS TO BE AVOIDED: N/A

7. TRANSMISSION MEDIA TO BE AVOIDED: YES/000 UNKNOWN

8. NETWORKS TO BE AVOIDED: MPLS

9. CIRCUIT PARAMETERS: SEE ATTACHED

10. TESTING REQUIREMENTS: SEE ATTACHED

11. GOVERNMENT ACCEPTANCE ACTIVITY: FTGRGGMD/(CMCL) 757-574-1464

12. SECURITY REQUIREMENTS: CLEARANCE REQUIRED; ESCORT REQUIRED. VENDOR

MUST COORDINATE SITE VISIT WITH POC'S 72 HOURS IN ADVANCE PRIOR TO REQUIRING

ACCESS TO FACILITIES AT BOTH USER LOCATIONS.

13. SITE ACCESS REQUIREMENTS: CLEARANCE REQUIRED; ESCORT REQUIRED. VENDOR

MUST COORDINATE SITE VISIT WITH POC'S 72 HOURS IN ADVANCE PRIOR TO REQUIRING

ACCESS TO FACILITIES AT BOTH USER LOCATIONS.

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 03 NOV 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 3/21/2023 11/3/2027 ABERDN

PG;

BCC; 24

0001AA MONTHLY

RECURRING

CHARGE

1 EA $4,762.62 $4762.62 3/21/2023 11/3/2027 ABERDN

PG;

BCC; 24

0002 NRC 3/21/2023 3/31/2023 ABERDN

PG;

BCC; 24

0002AA NON-

RECURRING

CHARGE

1 EA $2,000.00 $2000.00 3/21/2023 3/31/2023 ABERDN

PG;

BCC; 24

Total EXT MRC: $4762.62 for POP from 3/21/2023 to 11/3/2027

Total EXT NRC: $2000.00

Section G - Contract Administration Data

Included Clauses

G1 - Points of Contact - MAY 2022

Communications with the Contractor will be conducted with the identified Point(s) of Contact (POC). Should a change in POC be required, the Contractor shall initiate this request through notification to the Contracting Officer.

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 (Note: To be filled in upon contract award)

Name:

Organization/Office Symbol: Phone No.:

E-Mail Address:

Contractor Point of Contact

Contractor Legal Business Name: Level 3 Communications, LLC

UEI: N8YPPEHV2VB3

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)

252.225-7055 - Representation Regarding Business Operations with the Maduro Regime -

MAY 2022

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

Agency or instrumentality of the government of Venezuela, business operations, government of Venezuela, and person have the meaning given in the clause 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime, of this solicitation.

(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) Representation. By submission of its offer, the Offeror represents that the Offeror is a person that--

(1) Does 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) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

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.

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

(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 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

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 03 NOV 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 - SEP 2022

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 without IDEAS access 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 - SEP 2022

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. A Jeopardy Notice must include following information: (1) Contract PIID number; (2) DITCO CSA number; (3) TSR number; (4) contracted service date; (5) explanation of why contracted service date may not be or cannot be met; (6) revised service date requested; and (7) name, phone number, and email address of Contractor/TP representative that can be contacted for any questions concerning the Jeopardy Notice. DITCO's preferred method of receiving a jeopardy notice is via Integrated Defense Enterprise Acquisition System (IDEAS). However, Contractors/TPs without IDEAS access may submit their jeopardy 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

DISA's acknowledgement of the Contractor/TP's representation of delayed performance is not an explicit or implicit acceptance of the performance delay nor is it a waiver of any rights or remedies allowed under the contract, the FAR, or applicable case law.

Moreover, it is not an acknowledgment that DISA is responsible for any part of the Contractor/TP's delayed performance.

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

STANDARD PROVISION - 38 - STATUS REPORT (monthly) - AUG 2017 Due to the criticality of this telecommunications service, Contractor/Telecommunications Provider (TP) shall provide an updated status report to DITCO contracting officer monthly. Status report shall include (1) Contract PIID number; (2) DITCO CSA number, (3) TSR number, (4) contracted service date, (5) explanation of current status of telecommunications service installation and how current status provides assurance that contracted service date will be met, and (6) name, phone number, and e-mail address of Contractor/TP representative to contact for any questions concerning the status report.

STANDARD PROVISION - 39 - CIRCUIT DOCUMENTATION - AUG 2017

Contractor/Telecommunications Provider (TP) shall provide complete circuit routing maps for the end-to-end circuit…