RFP - Attachment 1 - Provisions and Clauses Working.pdf

Section E - Inspection and Acceptance

FAR CLAUSES INCORPORATED BY REFERENCE

52.246-3 Inspection of Supplies Cost-Reimbursement (May 2001)

52.246-4 Inspection of Services--Fixed Price (Aug 1996)

52.246-16 Responsibility for Supplies (Apr 1984)

Section F - Deliveries or Performance

FAR CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order (Aug 1989)

52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I (Apr 1984)

52.242-17 Government Delay of Work (Apr 1984)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

FAR 52.203-3 Gratuities (Apr 1984)

FAR 52.203-5 Covenant Against Contingent Fees (May 2014)

FAR 52.203-6

Restrictions on Subcontractor Sales to the Government, Alternate I (Sep 2006)

FAR 52.203-7 Anti-Kickback Procedures (May 2014)

FAR 52.203-8

Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity (May 2014)

FAR 52.203-10

Price or Fee Adjustment for Illegal or Improper Activity

(May 2014)

FAR 52.203-12

Limitation on Payments to Influence Certain Federal

Transactions

(Oct 2010)

FAR 52.203-13 Contractor Code of Business Ethics and Conduct (Jun 2020)

FAR 52.204-8 Annual Representations and Certifications (Dec 2014)

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

FAR 52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

FAR 52.204-13 System for Award Management Maintenance (Oct 2018)

FAR 52.204-18

Commercial and Government Entity Code Maintenance (Aug 2020)

FAR 52.204-21

Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

FAR 52.204-23

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

FAR 52.207-3 Right of First Refusal of Employment (May 2006)

FAR

52.209-6 Protecting the Government’s Interest when Subcontracting with Subcontracting with Contractors Debarred, Suspended, or Proposed for debarment (Jun 2020)

FAR 52.209-9

Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

FAR 52.209-10

Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

FAR 52.210-1 Market Research (Apr 2011)

FAR

52.212-4 Contract Terms and Conditions – Commercial Items (May 2015), Alternate I (May 2014)

FAR 52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997)

FAR 52.215-14 Integrity of Unit Prices (Oct 2010)

FAR 52.215-15 Pension Adjustments and Asset Reversions (Oct 2010)

FAR 52.215-17 Waiver of Facilities Capital Cost of Money (Oct 1997)

FAR

52.215-18

Reversion or Adjustment of Plans for Postretirement Benefits

(PRB) Other Than Pensions (Jul 2005)

FAR 52.215-19 Notification of Ownership Changes (Oct 1997)

FAR 52.217-8 Option to Extend Services (Nov 1999)

FAR 52.217-8 Option to Extend Services (Nov 1999)

FAR 52.219-8 Utilization of Small Business Concerns (Oct 2018)

FAR 52.219-9 Small Business Subcontracting Plan (Mar 2020)

FAR 52.219-16 Liquidated Damages – Subcontracting Plan (Jan 1999)

FAR 52.219-28 Post-Award Small Business Program Rerepresentation (Nov 2020)

FAR 52.222-2 Payment of Overtime Premiums (Jul 1990)

FAR 52.222-21 Prohibition of Segregated Facilities (Apr 2015)

FAR 52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

FAR 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

FAR 52.222-26 Equal Opportunity (Apr 2015)

FAR 52.222-35 Equal Opportunity for Veterans (Jun 2020)

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020)

FAR 52.222-37 Employment Reports on Veterans (Jun 2020)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010)

FAR 52.222-41 Service Contract Labor Standards (Aug 2018)

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

FAR 52.222-50 Combating Trafficking in Persons (Oct 2020)

FAR 52.222-54 Employment Eligibility Verification (Oct 2015)

FAR 52.222-55 Minimum Wages Under Executive Order 13658 (Nov 2020)

FAR 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017)

FAR 52.223-5 Pollution, Prevention and Right-to-Know Information (May 2011)

FAR 52.223-6 Drug-Free Workplace (May 2001)

FAR 52.223-10 Waste Reduction Program (May 2011)

FAR

52.223-18

Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

FAR 52.224-3 Privacy Training (Jan 2017)

FAR

52.232-33

Payment by Electronic Funds Transfer—System for Award Management (Oct 2018)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec 2013)

FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

FAR 52.239-1 Privacy or Security Safeguards (Aug 1996)

FAR 52.242-1 Notice of Intent to Disallow Costs. (Apr 1984)

FAR 52.242-3 Penalties for Unallowable Costs. (May 2014)

FAR 52.242-4 Certification of Final Indirect Costs (Jan 1997)

FAR 52.242-5 Payments to Small Business Subcontractors (Jan 2017)

FAR 52.245-1 Government Property (Jan 2017)

FAR 52.245-9 Use and Charges (Apr 2012)

FAR 52.252-6 Authorized Deviations in Clauses (Nov 2020)

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

(Sep 2011)

DFARS

252.203-7001

Prohibition of Persons Convicted of Fraud or Other Defense- Contract-Related Felonies (Dec 2008)

DFARS

252.203-7002

Requirement to Inform Employees of Whistleblower Rights (Sept 2013)

DFARS 252.204-7003 Agency Office of the Inspector General (Aug 2019)

DFARS

252.204-7004

DoD Antiterrorism Awareness Training for Contractors (Feb 2019)

DFARS

252.204-7008

Compliance with Safeguarding Covered Defense Information Controls (Oct 2016)

DFARS

252.204-7009

Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (Oct 2016)

DFARS

252.204-7012

Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019)

DFARS

252.204-7015

Notice of Authorized Disclosure of Information for Litigation Support (May 2016)

DFARS

(P) 252.204-7017

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (Dec 2019)

DFARS

252.204-7018

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2021)

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (Nov 2020)

DFARS

252.205-7000

Provision of Information to Cooperative Agreement Holders (Dec 1991)

DFARS 252.211-7003 Item Unique Identification and Valuation (Mar 2016)

DFARS 252.211-7007 Reporting of Government-Furnished Property (Aug 2012)

DFARS 252.215-7008 Only One Offer (Jul 2019)

DFARS 252.216-7006 Ordering (Sep 2019)

DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts)—Basic

(Dec 2019)

DFARS 252.223-7001 Hazard Warning Labels (Dec 1991)

DFARS 252.223-7004 Drug-free Workplace (Sep 1988)

DFARS

252.223-7006

Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials (Sep 2014)

DFARS

252.225-7001

Buy American and Balance of Payments Program—Basic (Dec 2017)

DFARS 252.225-7012 Preference for Certain Domestic Commodities (Dec 2017)

DFARS 252.226-7001

Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Apr 2019)

DFARS 252.231-7000 Supplemental Cost Principles (Dec 1991)

DFARS 252.232-7007 Limitation of Government's Obligation (Apr 2014)

DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

DFARS

252.232-7017

Accelerating Payments to Small Business Subcontractors— Prohibition on Fees and Consideration (Apr 2020)

DFARS

252.237-7010

Prohibition on Interrogation of Detainees by Contractor Personnel (Jun 2013)

DFARS 252.239-7010 Cloud Computing Services (Oct 2016)

DFARS 252.239-7018 Supply Chain Risk (Feb 2019)

DFARS 252.243-7002 Requests for Equitable Adjustment (Dec 2012)

DFARS 252.244-7000 Subcontracts for Commercial Items (Jan 2021)

DFARS

252.245-7001

Tagging, Labeling and Marking of Government Furnished Property (Apr 2012)

DFARS 252.245-7002 Reporting Loss of Government Property (Dec 2017)

DFARS

252.245-7003

Contractor Property Management System Administration (Apr 2012)

DFARS 252.252-7004 Reporting, Reutilization, and Disposal (Dec 2017)

DFARS 252.246-7003 Notification of Potential Safety Issues (Jun 2013)

DFARS 252.246-7006 Warranty Tracking of Serialized Items (Mar 2016)

DFARS 252.247-7023 Transportation of Supplies by Sea (Feb 2019)

DFARS 252.251-7000 Ordering from Government Supply Sources (Aug 2012)

FAR CLAUSES INCORPORATED BY FULL TEXT

52.217-9 Option to Extend the Term of the Contract (Mar 2000))

a) The Government may extend the term of this contract by written notice to the Contractor prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months unless FAR 52.217-8 is exercised.

(End of clause)

52.252-2 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):

https://www.acquisition.gov

(End of clause)

GSAR CLAUSES INCORPORATED BY FULL TEXT

5352.242-9001 COMMON ACCESS CARDS (CAC) FOR CONTRACTOR PERSONNEL

(NOV 2012)

https://www.acquisition.gov/

(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access

Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria:

(1) Require logical access to Department of Defense computer networks and systems in either:

(i) the unclassified environment; or

(ii) the classified environment where authorized by governing security directives.

(2) Perform work, which requires the use of a CAC for installation entry control or physical access to facilities and buildings.

(b) Contractors and their personnel shall use the following procedures to obtain CACs:

(1) Contractors shall provide a listing of personnel who require a CAC to the contracting officer.

The government will provide the contractor instruction on how to complete the Contractor

Verification System (CVS) application and then notify the contractor when approved.

(2) Contractor personnel shall obtain a CAC from the nearest Real Time Automated Personnel

Identification Documentation System (RAPIDS) Issuing Facility (typically the local Military

Personnel Flight (MPF)).

(c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy.

(d) During the performance period of the contract, the contractor shall:

(1) Within 7 working days of any changes to the listing of the contract personnel authorized a

CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing government official;

(2) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access;

(3) Return CACs in accordance with local policy/directives within 7 working days following a

CACs expiration date; and

(4) Report lost or stolen CACs in accordance with local policy/directives.

(e) Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

Section K – Representations, certifications, and other statements of offerors

FAR PROVISIONS INCORPORATED BY REFERENCE

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions (Sep 2007)

FAR 52.204-17 Ownership or Control of Offeror (Aug 2020)

FAR 52.204-20 Predecessor of Offeror (Aug 2020)

FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

FAR 52.217-5 Evaluation of Options (Jul 1990)

FAR 52.222-25 Affirmative Action Compliance (Apr 1984)

FAR 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -

Representation (Dec 2016)

DFARS CLAUSES INCORPORATED BY REFERENCE

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov

2011)

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

(Oct 2016)

DFARS 252.225-7000 Buy American—Balance of Payments Program Certificate -Basic (Nov

2014)

DFARS 252.227-7016 Covered Defense Telecommunications Equipment or Services –

Representation (Dec 2019)

DFARS 252.227-7017 - Identification and Assertion of Use, Release, or Disclosure Restrictions

(Jan 2021)

DFARS 252.225-7971 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft

Systems- Representation (Deviation 2020-O0015) (May 2020)

DFARS 252.239-7009 Representation of Use of Cloud Computing (Sep 2015)

DFARS 252.247-7022 Representation of Extent of Transportation by Sea (Jun 2019)

DELETE DUE TO 52.204-7

FAR CLAUSES INCORPORATED BY FULL TEXT

FAR 52.204-25, Prohibition On Contracting For Certain Telecommunications And Video

Surveillance Services Or Equipment (Aug 2020)

(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 items.

(end of clause)

SECTION J – List of Attachments

Attachment 1 – Provisions and Clauses

Attachment 2 – Performance Work Statement (PWS)

Attachment 3 – Quality Assurance Surveillance Plan (QASP)

Attachment 4 – Question and Answer Template

Attachment 5 – Pricing Template

Attachment 6 – Past Performance Information Sheet

Section L - Instructions, Conditions, and Notices to

Offerors or Respondents

FAR Provisions Incorporated by Reference

FAR 52.204-7 – System For Award Management (Oct 2018)

FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

FAR 52.222-24 – Pre-Award On-Site Equal Opportunity Compliance Evaluation (Feb 1999)

FAR 52.222-46 – Evaluation of Compensation for Professional Employees (Feb 1993)

FAR 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

FAR 52.233-2 – Service of Protest (Sep 2006)

FAR 52.237-10 – Identification of Uncompensated Overtime (Mar 2015)

FAR 52.252-5 Authorized Deviations in Provisions (Nov 2020)

DFARS Provisions Incorporated by Reference

DFARS 252.215-7008 Only One Offer (Jul 2019)

DFARS 252.219-7000 Advancing Small Business Growth (Sep 2016)

DFARS 252.239-7017 Notice of Supply Chain Risk (Feb 2019)

FAR Provisions Incorporated by Full Text

FAR 52.252-1, 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 the 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 proposal. 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 proposal.

(End of provision)

FAR 52.204-24, Representation Regarding Certain Telecommunications And Video Surveillance

Services Or Equipment (Oct 2020)

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 Items. 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.

(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)

FAR 52.204-26 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)