SPRRA120R0060-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

10B. Dated (See Item 13) Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In

The Contract/Order No. In Item 10A.

B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set

Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).

C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.

14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. Name And Title Of Signer (Type or print)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

By (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Firm Fixed Price

0001 2020AUG31

SPRRA1

DEFENSE LOGISTICS AGENCY

5201 MARTIN ROAD/DLA-AVN-AH

REDSTONE ARSENAL AL 35898-7340

CHRISTOPHER L. BUTLER

EMAIL: CHRISTOPHER.BUTLER@DLA.MIL

SPRRA1-20-R-0060

2020MAR31

X

X

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

1 10

CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: CHRISTOPHER L. BUTLER

Buyer Office Symbol/Telephone Number: AHAA/(256)690-5455

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

*** End of Narrative A0000 ***

A-1. THIS REQUIREMENT IS RESTRICTED TO ENVIRO SYSTEMS,INC CAGE 0B9E8, IAW 10 U.S.C. 2304 (c)(1) FAR 6.302-1. ONLY ONE RESPONSIBLE

SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY AGENCY REQUIREMENTS.

A-2. THIS REQUIREMENT IS IN SUPPORT OF THE UH-60 (BE) BLACKHAWK WEAPON SYSTEM FOR THE FOLLOWING PARTS:

ITEM NSN PART NUMBER NONMENCLATURE QUANTITY MIN/ MAX____ ___ ___________ _____________ _________________

1 6110-01-597-1482 70A144-2 ELECTRICAL PALLET 5 / 15

2 4130-01-597-1300 70A145-3 HEAT INTERCHANGER 10 / 30

A-3. THIS IS A THREE YEAR INDEFINITE DELIVERY INDEFINITE QUANTITY (IDIQ), FIRM FIXED PRICE EFFORT.

A-4. PRODUCTION LOT TESTING (PLT) IS NOT REQUIRED.

A-5. SNRR MARKINGS ARE NOT REQUIRED.

A-6. TAMMS-A MARKINGS ARE NOT REQUIRED.

A-7. IUID MARKINGS ARE REQUIRED FOR PN 70A144-2 AND 70A145-3. "THE DFARS CLAUSE 252.211-7003 ITEM IDENTIFICATION AND VALUATION IS

INCLUDED IN SECTION F".

A-8. SERIAL NUMBERING IS REQUIRED.

A-9. FIT CHECK IS NOT REQUIRED.

A-10. IAW FAR 52.219-9 ALT II, VENDOR SHALL SUBMIT SUBCONTRACING PLAN ALONG WITH PROPOSAL.

___________________(SUPPLIER NAME)APPROVED SUBCONTRACTING PLAN IS HEREBY INCORPORATED BY REFERENCE AND MADE A PART OF THIS CONTRACT.

THE EFFECTIVE PERIOD OF THIS PLAN IS __________(INSERT DATE) TO ______________(INSERT DATE).

A-11. CONTRACTOR POINT OF CONTACT INFORMATION:

NAME: DANIEL WYATT ____________

TELEPHONE NUMBER: (405) 382-0731 ______________

E-MAIL ADDRESS: TBD AT TIME OF AWARD _____________________

A-12. DCMA ACO POINT OF CONTACT INFORMATION:

NAME: DARRON HARBERT ______________

TELEPHONE NUMBER: (214)599-2712 _____________

E-MAIL ADDRESS: DARRON.D.HARBERT.CIV@MAIL.MIL _____________________________

A-13. CONTRACT SPECIALIST POINT OF CONTACT INFORMATION:

NAME: CHRISTOPHER.BUTLER

OFFICE SYMBOL: DLA-AVN-AHAA

TELEPHONE NUMBER: 256-690-5455

E-MAIL ADDRESS: CHRISTOPHER.BUTLER@DLA.MIL

A-14. FACSIMILE PROPOSALS WILL NOT BE ACCEPTED. ALL PROPOSALS SHALL BE E-MAILED.

A-15. FUNDS WILL BE OBLIGATED/CITED UPON ISSUANCE OF EACH DELIVERY ORDER.

A-16. ACCELERATED DELIVERY IS ENCOURAGED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT.

CERTIFIED COST AND PRICING DATA:________________________________

2 10

SPRRA1-20-R-0060

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

NOTICE: YOUR ATTENTION IS INVITED TO FEDERAL ACQUISITION REGULATION (FAR) 15.403-4, RELATIVE TO THE REQUIREMENT FOR OBTAINING CERTIFIED

COST AND PRICING DATA. THIS REQUIREMENT IS SOLE SOURCED, THE SOLE OFFEROR IS REQUIRED TO SUBMIT CERTIFIED COST AND PRICING DATA UPON

REQUEST. FAILURE TO PROVIDE CERTIFIED COST AND PRICING DATA WILL RESULT IN YOUR OFFER BEING CONSIDERED NON-RESPONSIVE.

LONG LEAD TIME AND OR LONG TERM CONTRACTS_________________________________________

FOR LONG LEAD TIME ITEMS AND/OR LONG TERM CONTRACTS, THE PARTIES RECOGNIZE THERE IS A RISK THAT PART(S) OR COMPONENT(S) REQUIRED FOR

PERFORMANCE OF THE CONTRACT/PURCHASE ORDER MAY BECOME UNAVAILABLE DUE TO OBSOLESCENCE. UPON RECEIPT OF THE CONTRACT/PURCHASE ORDER, CONTRACTOR IS RESPONSIBLE FOR VERIFYING ITS SOURCES OF SUPPLY. IF AT ANY TIME DURING THE COURSE OF PERFORMANCE CONTRACTOR BECOMES AWARE

THAT IT IS UNABLE TO PROCURE A PART OR COMPONENT NECESSARY TO FULFILL THE REQUIREMENTS OF THE CONTRACT, THE CONTRACTOR SHALL NOTIFY THE

CONTRACTING OFFICER IN WRITING WITHIN THIRTY DAYS. NOTIFICATION SHALL INCLUDE CONTRACTOR'S RECOMMENDATION FOR CORRECTION OF THE PROBLEM, IF POSSIBLE, WITH ESTIMATED COST AND SCHEDULE IMPACT, IF ANY. THE CONTRACTING OFFICER WILL DETERMINE THE APPROPRIATE COURSE OF ACTION

AND PROVIDE DIRECTION TO THE CONTRACTOR. IN NO EVENT WILL CONTRACTOR PROCEED WITH IMPLEMENTATION OF ITS RECOMMENDATION WITHOUT WRITTEN

DIRECTION FROM THE CONTRACTING OFFICER. AT THE SOLE DISCRETION OF THE CONTRACTING OFFICER, THE CONTRACT MAY BE TERMINATED IN WHOLE OR IN

PART, AS APPROPRIATE.

*** END OF NARRATIVE A0001 ***

THE PURPOSE OF AMENDMENT 0001 IS TO:

1. CHANGE THE SOLICITATION FROM A FIVE YEAR IDIQ TO A THREE YEAR IDIQ

2. DELETE CLINS 1004, 1005, 2004 AND 2005.

3. CHANGE CLIN NARRATIVE A TO READ FIVE YEAR IDIQ

4. CHANGE CLAUSE 252.216-7006

5. ADD CLAUSE 52.204-26, 252.204-7016,252.204-2017

ALL OTHER TERMS AND CONDITIONS OF THE SOLICITATION REMAIN UNCHANGED.

*** END OF NARRATIVE A0002 ***

3 10

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

THIS IS A THREE YEAR INDEFINITE DELIVERY INDEFINITE

QUANTITY (IDIQ) SOLICITATION. FUNDS WILL BE

OBLIGATED/CITED UPON THE ISSUANCE OF EACH DELIVERY

ORDER. THE GOVERNMENT WILL ONLY BE OBLIGATED TO

ORDER THE STATED MINIMUM QUANTITY. THE GOVERNMENT

IS NOT OBLIGATED TO ISSUE ANY ADDITIONAL ORDERS

AGAINST THIS CONTRACT; HOWEVER, THE GOVERNMENT

RESERVES THE RIGHT TO ORDER UP TO THE MAXIMUM

QUANTITY.

THE GOVERNMENT HAS SEGREGATED THE POTENTIAL

QUANTITIES INTO FIVE YEAR PERIODS. HOWEVER, THIS

DOES NOT PRECLUDE EXERCISING ITS RIGHTS UNDER FAR

52.216-19 BY ORDERING THE MAXIMUM QUANTITY SPECIFIED

IN FAR 52.216-19(b)(1) AT ANY TIME DURING THE

INDEFINITE QUANTITY PERIOD.

THE GOVERNMENT INTENDS TO AWARD ONLY ONE BASIC

INDEFINITE DELIVERY INDEFINITE QUANTITY CONTRACT AS

A RESULT OF THIS SOLICITATION.

THE GOVERNMENT'S MINIMUM QUANTITY TO BE AWARDED

SIMULTANEOUSLY WITH THE AWARD OF THE BASIC CONTRACT

IS 5 EACH FOR PN: 70A144-2; 10 EACH FOR PN: 70A145-

3; THE INITIAL DELIVERY ORDER WILL MEET OR EXCEED

THE MINIMUM QUANTITY AT THE FIRST YEAR PRICING. THE

GOVERNMENT'S MAXIMUM QUANTITY DURING THE INDEFINITE

QUANTITY PERIOD IS 15 EACH FOR PN:70A144-2; 30 EACH

FOR PN: 70A145-3.

PRICES QUOTED FOR EACH YEAR WILL BE VALID FOR ALL

QUANTITIES ORDERED DURING THAT ORDERING PERIOD.

THE SOLICITATION IS FOR THE SUPPLIES AS DETAILED ON

THE FOLLOWING PAGES. OFFERORS ARE CAUTIONED TO

INSURE THAT OFFERS ARE PROVIDED ON ALL QUANTITIES.

FAILURE TO PROPOSE ALL CLINS, WILL RESULT IN A

DETERMINATION OF NON RESPONSIVENESS.

YEAR 1 WILL BE FROM DATE OF AWARD THROUGH DAY 365

DAYS AFTER CONTRACT AWARD (DACA).

YEAR 2 WILL BEGIN 366 DACA AND END 730 DACA.

YEAR 3 WILL BEGIN 731 DACA AND END 1,095 DACA.

THE CONTRACTOR SHALL PROVIDE UNIT PRICES FOR EACH

CLIN BELOW.

ALL REFERENCES TO F.O.B. ORIGIN THROUGHOUT THIS

SOLICITATION APPLY ONLY TO ALL QUANTITIES ORDERED

AFTER THE FIRST ORDERING PERIOD.

THE ESTIMATED (E) QUANTITY LISTED HEREIN DOES NOT

COMMIT THE GOVERNMENT TO ORDER THAT OR ANY QUANTITY

ABOVE THE MINIMUM QUANTITY.

(End of narrative B001)

4 10

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

1001AA Production Quantity 5 EA $ $ ___________________ ______________ __________________

PROGRAM YEAR: 1

COMMODITY NAME: ELECTRICAL PALLET

CLIN CONTRACT TYPE:

Firm Fixed Price

Description/Specs./Work Statement _________________________________

TOP DRAWING NR: 70A144-2

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

IAW MIL-STD-2073-1 CODES,APPENDIX J

UNIT PACK: 001 INTERMEDIATE PACK: 000

LEVEL PRESERVATION: Military

LEVEL PACKING: A

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

1004AA DELETED _______

1005AA DELETED _______

2004AA DELETED _______

2005AA DELETED _______

5 10

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION I - CONTRACT CLAUSES

Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________

I-1 CHANGED 252.216-7006 ORDERING SEP/2019

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from DATE OF CONTRACT AWARD through 1095 DAYS

AFTER CONTRACT AWARD (THREE YEARS).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered "issued" when a copy has been posted to the Electronic Data Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

I-2 ADDED 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO AUG/2020

SURVEILLANCE SERVICES OR EQUIPMENT

(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 Peoples 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);

6 10

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(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

7 10

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

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)

8 10

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________

K-1 ADDED 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES-- DEC/2019

REPRESENTATION

(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, [ ] 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)

K-2 ADDED 252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS DEC/2019

EQUIPMENT OR SERVICES--REPRESENTATION

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 [ ] 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).

9 10

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(End of provision)

10 10