Industry Led Skills Development Program

The purpose of the Amendment  0003 to the Solicitation 72011420R00010 is to is to provide Offerors with the
Provision on Waivers under FAR Part 4.2101 Prohibition on Covered Telecommunications And
Video Surveillance Services and Equipment. This provision is herein included in the
(closed) Solicitation.

Add the following provision to Section L

L10. Waivers under FAR Part 4.2101 Prohibition on Covered Telecommunications And Video
Surveillance Services and Equipment (August 13, 2020)
(a) This solicitation and any resultant award(s) is subject to the requirements of section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115–232) as implemented
through FAR 52.204-24 and FAR 52.204-25 of this solicitation.
(b) Waivers.
(1) The submission of an offer where the Offeror makes a representation at paragraph (d)(2) of the provision at FAR 52.204–24 that it “does” use covered telecommunications equipment or services will mean the Offeror is seeking a waiver.

As part of the disclosure requirements under the provision FAR 52.204–24 submitted as part of the offer, the Offeror/Contractor must describe the circumstances (including in-country circumstances) where the Offeror/Contractor uses covered technology. This must include an identification of whether the covered technology
is provided by communications service-providers, such as internet, cell phone, landline or others; the specific country where it is used; and a description of the presence of any other covered technology, whether it be in any internal systems or elsewhere in the supply chain.
(2) USAID does not guarantee that waiver requests from such an offeror will be considered;
USAID may make an award to an offeror that does not require a waiver. Where agency needs do not permit time to obtain a waiver, USAID may move forward and make an award to an offeror that does not require a waiver. Per FAR 4.21, USAID will not make an award to an offeror(s) that does not receive the approved waiver.

(3) Where USAID decides to initiate the formal Agency waiver process:

(i) The CO will require the apparently successful offeror(s) to submit the information in paragraph (4) of this section. Alternately, offerors may provide the information with their initial proposal, at their discretion. Offerors must appropriately mark the appropriate portions of their submission as Proprietary Data where applicable. 

(ii) For Indefinite Delivery contracts under (48CFR) FAR subpart 16.5, waiver requests will be addressed prior to award of the basic contract.

(iii) In the event that the waiver is not approved, the Contracting Officer will notify the offeror.

(4) Additional submission requirements:

(i) A compelling justification for the additional time to implement the requirements under 889(a)(1)(B). The justification must:
a. State the amount of additional time requested to meet the requirements of the statute (No Agency waiver will be authorized to extend beyond August 13, 2022); and
b. Provide an explanation supporting the requested time period, to include the time required to implement the Phase out Plan described below.

(ii) A full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the entity’s supply chain to include:
a. Complete technical design documentation of where, how, and what covered equipment or services are being used by the Offeror;
b. Technical architecture diagram of where the covered technologies are being used (for the system, equipment, service); and
c. Description of how the covered technologies are being used, how often the covered technology is used by the Offeror, and what data traverses the technology.

(iii) A Phase-Out Plan for eliminating the covered equipment or services from the Offeror’s systems, including the covered equipment or services identified in the laydown. The Plan must include:
a. Description of how the Offeror will eliminate all covered equipment or services by the date specified in (4)(i)(b) above;
b. When applicable, milestones and timeframes for providing updates to the COR on the Phase-Out Plan implementation;
c. Identification of other available options;
i. Replacement of covered equipment and systems, as applicable;
Ii. Accessibility of the alternative equipment and systems, as applicable; and
iii. In the case of covered services, the proposed use and availability of other service provider(s) without the covered technologies in the supply chain.

(iv) Pending waiver requests/Approved waivers:
a. Pending - Solicitation Number/title/Issuing Office (Mission or USAID/W) of those offers where the CO has requested the information under this provision.
b. Approved Waivers - Award number/title/Issuing Office (Mission or USAID/W)

                                                                                        End of Amendment 0003