Express NDAA Certification Form.docx

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SERVICES TO SUPPORT CONFERENCE IN KYIV, UKRAINE
Solicitation number
PR16020216
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This is an Express NDAA Certification Form required for compliance with Public Law 115-232 (John S. McCain National Defense Authorization Act for Fiscal Year 2019), specifically Section 889 regarding covered telecommunications equipment and services. The form serves as a representation template that the Department of State uses to determine vendor compliance with federal acquisition requirements related to telecommunications and video surveillance equipment restrictions.

The certification requires offerors to make four specific representations: (1) that they do not provide covered telecommunications equipment or services as substantial, essential, or critical components in violation of Section 889(a)(1)(A); (2) that they do not use covered telecommunications equipment or services within their enterprise; (3) that they have conducted a reasonable inquiry to uncover information regarding producers or providers of covered telecommunications equipment or services; and (4) that they will report to the Government if they identify covered telecommunications equipment or services during contract performance. The form must be completed by an authorized representative of the merchant with typed name, signature, and date, then returned to the Contract Specialist. This representation applies to the solicitation for services to support a conference in Kyiv, Ukraine (Solicitation PR16020216) being conducted by the Department of State.

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United States Department of State

Washington, D.C. 20520 www.state.gov

EXPRESS NDAA CERTIFICATION

Public Law 115-232, also known as the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019, requires representations regarding Covered Telecommunications Equipment and Services. Contracting staff shall use this representation with vendors to determine compliance with NDAA requirements. To comply with this Public Law the Federal Acquisition Regulation (FAR) requires one provision listed within 52.240-90 and a contract clause listed within 52.240-91 in all procurement actions.

DIRECTIONS FOR THE MERCHANT

1. Read the entire Section 889 portion in the provision and clause in the FAR at Acquistion.gov.

2. After you have read the provision and clause, please answer the questions below.

3. Upon completion of Step 2, fill out the representation below. NOTE: This representation is made by a person with authority to bind the merchant.

4. Return completed form to your Contract Specialist.

DEPARTMENT OF STATE SECTION 889 CERTIFICATION REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

Yes/No The Offeror does not provide covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, in violation of Section 889(a)(1)(A).

The Offeror does not use covered telecommunications equipment or services, as defined in Section 889(a)(1)(B), within its enterprise.

The Offeror has conducted a reasonable inquiry, defined as an inquiry designed to uncover any information in the entity’s possession regarding the identity of the producer or provider of covered telecommunications equipment or services used by the entity.

The Offeror will report to the Government, in accordance with applicable contract requirements, if it identifies covered telecommunications equipment or services during contract performance.

Merchant Name

Merchant’s Authorized Representative (Typed Name)

Authorized Representative Signature

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