PROVISION 52.204-26.pdf
FAR Clause PDF 169 KB Posted
- Attached to
- DELL/EMC STORAGE ACCESS NETWORK DISK DRIVERS
- Solicitation number
- 693C7324Q000017
About this file
This document is a Representation provision, 52.204-26 Covered Telecommunications Equipment or Services-Representation, which is prescribed for inclusion in federal solicitations. The provision requires offerors to represent whether they provide or use telecommunications equipment or services that are deemed "covered" under the FAR. Offerors must review the System for Award Management (SAM) exclusions list and affirmatively represent if they do or do not provide or use such covered equipment/services. This representation is necessary to comply with the prohibitions outlined in FAR clause 52.204-25.
The related federal contract opportunity is a Notice of Intent for a Brand Name Source Justification to award a contract to an authorized Dell EMC reseller for Storage Access Network (SAN) disk drives. The Eastern Federal Lands Highway Division (EFLHD) of the Federal Highway Administration (FHWA) intends to award this requirement to continue using the existing Dell EMC SAN devices and disk drives, which are the current approved IT security solution for storing and sharing project documents across FHWA. The agency states that using a different brand of disk drive would be "catastrophic" and "have a negative impact" on operations and increase cybersecurity risks. Authorized Dell EMC resellers may submit quotes within 15 days of the posting date for consideration.
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Text version
52.204-26 Covered Telecommunications Equipment or Services-Representation.
As prescribed in 4.2105(c), insert the following provision:
COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)
(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, □ 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.
(End of provision) https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/
52.204-26 Covered Telecommunications Equipment or Services-Representation.
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