Request for Quote - 52800PR230001795.pdf

REQUEST FOR QUOTATION

Supply Contract Firm-Fixed Price

REQUEST NUMBER:

52800PR230001795

CONSIGNEE AND DESTINATION:

United States Coast Guard C5I Service Center- Alexandria 7323 Telegraph Rd.

Alexandria, VA 22315

RESPONSES DUE:

2:00PM ET

20 September 2023

Required Delivery Date:

PDD: 30 Days from Day of Award

FOB:

DESTINATION

LINE

ITEM QTY UNIT Item Name DESCRIPTION

0001 50 Each

Brand Name or Equal: Perforated Panel 28 Percent For Steel and Concrete Filled Systems

Dimensions: 2’x2’ individual panels

Color: Grey Starlite, with black edge trim

Area to be covered with Panels: 200 sqft

Durability requirement: Life expectancy of 25 years or more

Warranty: 12 months

Compatibility: The tiles must be compatible with the existing Tate raised access floor system with 2” deep bolted stringers as seen is Figure 3.1.6

Airflow: Perforations for a 25 open area with no damper option

Material: Non-combustible 100% Steel with 1/16” think high pressure laminate surface and black edge trim

The following meets the Government need:

Access Floor Systems- Perforated Panel 28 Percent For Steel and Concrete Filled Systems Options: No Damper Part # PERF6

0002 150 Each Brand Name or Equal: Modern Access Floor Panel Concrete filled

Dimensions: 2’x2’ individual panels

Color: Grey Starlite, with black edge trim

Area to be covered with Panels: 600 sqft

Durability requirement: Life expectancy of 25 years or more Warranty: 12 months

Compatibility: The tiles must be compatible with the existing Tate raised access floor system with 2” deep bolted stringers as seen is Figure 3.1.6.

Airflow: None

Material: Non-combustible concrete filled steel with 1/16” think high pressure laminate surface and black edge trim

Load Rating: Design static load up to 2000 lbs

The following meets the Government need:

Access Floor Systems- Modern Access Floor Panel Concrete filled Part # AFP770C or 5174124617

0003 200 Each

Brand Name or Equal: Modern Access Floor Panel 100% steel

Dimensions: 2’x2’ individual panels

Color: Grey Starlite, with black edge trim

Area to be covered with Panels: 800 sqft

Durability requirement: Life expectancy of 25 years or more

Warranty: 12 months

Compatibility: The tiles must be compatible with the existing Tate raised access floor system with 2” deep bolted stringers as seen is Figure 3.1.6.

Airflow: None

Material: Non-combustible 100% Steel with 1/16” think high pressure laminate surface and black edge trim

Load Rating: Design static load up to 1250 lbs

The following meets the Government need:

Access Floor Systems - Modern Access Floor Panel 100% steel Part # AFP870 or 5121124617

The purchase order resulting from this solicitation will be issued as a FIRM-FIXED PRICE purchase order. The award will be made to the Offeror submitting the lowest priced quotation.

UNIQUE ENTITY IDENTIFIER (UEI) NUMBER, FEDERAL TAX IDENTIFICATION NUMBER, and CAGE CODE must be included in response. All proposals submitted shall include cost breakdown, unit price, extended price, payment terms and discount offered for prompt payment.

RESPONSES to this RFQ must be forwarded to: ann.m.leuters@uscg.mil and mark.a.rushing@uscg.mil.

LATE SUBMISSIONS WILL NOT BE ACCEPTED

This solicitation includes the Requirements document and provisions & clauses and the following attachments:

Attachment 1- Electronic Submission of Payment Requests Attachment 2- IPP Clause

The Government will first review the quotes for completeness/compliance (everything required to be submitted has been submitted). If a quote is found to be incomplete/non-compliant, it will be removed from the evaluation process and it will not be further evaluated. Then the Government will list the remaining quotes by price, lowest to highest, and will begin the technical quote evaluation with the lowest priced Offeror. Upon finding the Offeror who meets the requirements listed in this RFQ (to include all attachments), the Offeror’s price will be evaluated for reasonableness. If the first quote evaluated is technically acceptable with a price that is reasonable, evaluation will stop. If the first quote evaluated is either not technically acceptable or has a price that is not reasonable evaluation will continue. Once the lowest reasonably priced, technically acceptable quote is found evaluations will stop.

mailto:ann.m.leuters@uscg.mil mailto:mark.a.rushing@uscg.mil

UNITED STATES COAST GUARD

REQUIREMENTS DOCUMENT

1.0 PROJECT TITLE: L17A FLOOR TILE

The purpose of this statement of work is to define needed Acquisition Program

Management Office Support for the purchase of material necessary to replace the existing raised floor tile in building L17A in Alexandria, VA.

2.0 BACKGROUND

C5ISC-ISD-DCI has identified that the floor tile in building L17A in Alexandria requires replacement. Not only is the tile damaged beyond repair and unsightly, but many of the panels have been modified to accept residential style air registers, which are not standard for data center use and provide poor air flow. In addition, all of the tiles are concrete filled, making them difficult to be modified to allow for cable pathways. ISD-DCI would like to procure new floor tile that match the tile finish in L17B, to include new perforated tile that improve the overall appearance while also providing better airflow to the IT equipment. A mix of

100% steel, for ease of modification for cable pathways, and concrete filled, for the loadbearing areas, will be purchased.

3.0 SCOPE

The contractor shall provide the following:

1. Provide the material listed in Table 1 below. All tile shall be 24”x24” raised access panels with a 1/16” thick high-pressure laminate surface in color Grey Starlite, with black edge trim. Contractor will provide tiles that match the tiles in figures 3.1.1-3.1.7 below. The total area of tile being replaced is 1600 sqft. The tiles must be compatible with the existing Tate raised access floor system with 2” deep bolted stringers as seen is Figure

3.1.6. 150 tiles must be concrete filled and able to support loads in excess of 1500 lbs. 200 tiles must be 100% steel and able to support loads under

1000lbs. 50 of the panels should be between 25-30% perforated to allow for airflow. Perforated tiles shall still have the 1/16” thick laminated surface in Grey Starlite with black edge trim. All tile shall come with a one year manufactures warranty for normal wear when loads do not exceed the stated design loads, but have a life expectancy of 25 years or more.

Figure 3.1.1

Figure 3.1.2

Figure 3.1.3

Figure 3.1.4

Figure 3.1.5

Figure 3.1.6

Figure 3.1.7

No labor is required for this procurement. The Government will remove and dispose of all old panels and install the new panels.

4.0 APPLICABLE DOCUMENTS

None

5.0 REQUIREMENTS

1. Provide the material listed in Table 1 below.

Table 1:

Item Name Item Description Qty

Brand Name or

Equal:

Perforated Panel

28 Percent For

Steel and

Concrete Filled

Systems

Dimensions: 2’x2’ individual panels

Color: Grey Starlite, with black edge trim

Area to be covered with Panels: 200 sqft

Compatibility: The tiles must be compatible with the existing

Tate raised access floor system with 2” deep bolted stringers as seen is Figure 3.1.6

Airflow: Perforations for a 25 open area with no damper option

Material: Non-combustible 100% Steel with 1/16” think high pressure laminate surface and black edge trim

The following meets the Government need:

Access Floor Systems- Perforated Panel 28 Percent For

Steel and Concrete Filled Systems

Options: No Damper

Part # PERF6

Brand Name or

Equal: Modern

Access Floor

Panel

Concrete filled

Area to be covered with Panels: 600 sqft seen is Figure 3.1.6.

Airflow: None

Material: Non-combustible concrete filled steel with 1/16” think high pressure laminate surface and black edge trim

Load Rating: Design static load up to 2000 lbs

Access Floor Systems- Modern Access Floor Panel

Concrete filled

Part # AFP770C or 5174124617

Brand Name or

Equal: Modern

Access Floor

Panel 100% stee

Area to be covered with Panels: 800 sqft seen is Figure 3.1.6.

Airflow: None

Material: Non-combustible 100% Steel with 1/16” think high pressure laminate surface and black edge trim

Load Rating: Design static load up to 1250 lbs

Access Floor Systems - Modern Access Floor Panel 100% steel

Part # AFP870 or 5121124617

6.0 DELIVERABLES AND DELIVERY SCHEDULE

Contractor shall deliver all materials to:

C5ISC Alexandria

7323 Telegraph Road

Alexandria, VA 20598

Ship Attention to: IT1 Alex Goff

7.0 GOVERNMENT-FURNISHED EQUIPMENT AND INFORMATION

The Government will not furnish any resources to the Contractor in support of this acquisition.

8.0 PLACE OF PERFORMANCE

The primary place of performance will be at United States Coast Guard (USCG), C5I Service Center Alexandria, WV.

9.0 PERIOD OF PERFORMANCE

The period of performance for this contract is 30 days from award date.

10.0 SECTION 508 REQUIREMENTS

1. Section 508 does not apply to your deliveries

# End of Requirements Document #

Provisions and Clauses

FAR PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference.

As prescribed in 52.107(a), insert the following provision:

Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of provision)

FAR

Provision

No. Title Date 52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services NOV 2021

52.212-2 Evaluation—Commercial Products and Commercial Services NOV 2021

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services DEC 2022

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services--Alternate I OCT 2014

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

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 http://www.acquisition.gov/ 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, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 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)

FAR CLAUSES

52.252-2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov.

(End of clause)

FAR Clause No. Title Date

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-27 Prohibition on ByteDance Covered Application JUN 2023

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services DEC 2022 http://www.acquisition.gov/

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services MAR 2023

52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

As prescribed in 4.2004 , insert the following clause:

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021)

(a) Definitions. As used in this clause—

Covered article means any hardware, software, or service that–

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means–

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, 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 (c)(1) of this clause:

(i) Within 1 business day 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 (OEM) 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 report pursuant to paragraph (c)(1) 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 article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(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 products or commercial services.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(b), insert the following clause:

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.