View Changes Amendment Notice This Is A Combined Synopsis Solicitation For Commercial Items Prepared In Accordance With The Format In Far Subpart 12 6 As Supplemented With Additional Information Included In This Notice The Solicitation Number Is 20120623 2 And Is Issued As A Request For Quote Rfq Unless Otherwise Indicated Herein The Solicitation Document And Incorporated Provisions And Clauses Are Those In Effect Through Federal Acquisition Circular 2020 09 The Associated North American Industrial Classification System Naics Code For This Procurement Is 334220 With A Small Business Size Standard Of 1 250 00 Employees This Requirement Is Unrestricted And Only Qualified Offerors May Submit Bids The Solicitation Pricing On Www Unisonmarketplace Com Will Start On The Date This Solicitation Is Posted And Unless Otherwise Displayed At Www Unisonmarketplace Com Will End On 2020 09 16 11 30 00 0 Eastern Time This Time Supersedes The Offers Due Time Listed Above Fob Destination Shall Be Albuquerque Nm 87121The Dhs Customs And Border Protection Cbp Requires The Following Items Purchase Determined By Line Item To The Following Base Period Of Performance 09 21 2020 09 20 2021Li 001 Ruggedized Industrial Integrated Services I E Cisco Router Isr Kit 24 Ea Li 002 Lte Advanced 3 0 Network Interface Modules I E Cisco Wireless Wan Interface Cards 24 Ea Li 003 Ruggedized Industrial 8 Port Switch I E Cisco With Service Agreement 24 Ea Li 004 Cisco Cab L400 50 Tnc N 50 Ft 15M Ultra Low Loss Lmr Land Mobile Radio 400 Cable Tnc N Connector 5 Ea Li 005 Cisco Cab L400 20 Tnc N 20 Ft 6M Ultra Low Loss Lmr 400 Cable With Tnc N Connector 5 Ea Li 006 Cisco Lte Ae Mag Sma Single Unit Magnetic Antenna Extension Base 10 Ea Li 007 Cisco Con Snt Ir1101ak Sntc 8X5xnbd Service Agreement For Cisco Ir1101 Industrial Isr 2 Ea Li 008 Industrial Service Agreement Cisco Con Snt Ir8292lb Sntc 8X5xnbd 829 Industrial Isr 4G Lte Multimode Att 2 Ea Li 009 Industrial Service Agreement Cisco Con Sssnt Isr4431k Soln Supp 8X5xnbd Cisco Isr 4431 4Ge3nim8g Flash4g Dram 1 Ea Li 010 Sfp Transceiver Module Cisco Glc Te 1000Base T Sfp Transceiver Module For Category 5 Copper Wire 12 Ea Option 1 Period Of Performance 09 21 2021 09 20 2022Li 001 Cisco Ruggedized Industrial Isr With Supporting Parts And Accessories 12 Ea Li 002 Cisco Lte Advanced 3 0 Network Interface Modules Wireless Wan Interface Cards And Accessories 12 Ea Li 003 Cisco Ruggedized Industrial 8 Port Switch With Service Agreement 24 Ea Li 004 Cisco Cab L400 50 Tnc N 50 Ft 15M Ultra Low Loss Lmr 400 Cable Tnc N Connector 5 Ea Li 005 Cisco Cab L400 20 Tnc N 20 Ft 6M Ultra Low Loss Lmr 400 Cable With Tnc N Connector 5 Ea Li 006 Cisco Lte Ae Mag Sma Single Unit Magnetic Antenna Extension Base 5 Ea Li 007 Cisco Con Snt Ir1101ak Sntc 8X5xnbd Service Agreement For Cisco Ir1101 Industrial Isr 2 Ea Li 008 Cisco Con Snt Ir8292lb Sntc 8X5xnbd 829 Industrial Isr 4G Lte Multimode Att 2 Ea Li 009 Cisco Con Sssnt Isr4431k Soln Supp 8X5xnbd Cisco Isr 4431 4Ge3nim8g Flash4g Dram 1 Ea Option 2 Period Of Performance 09 21 2022 09 20 2023Li 001 Cisco Ruggedized Industrial Isr With Supporting Parts And Accessories 12 Ea Li 002 Cisco Lte Advanced 3 0 Network Interface Modules Wireless Wan Interface Cards And Accessories 12 Ea Li 003 Cisco Ruggedized Industrial 8 Port Switch With Service Agreement 24 Ea Li 004 Cisco Cab L400 50 Tnc N 50 Ft 15M Ultra Low Loss Lmr 400 Cable Tnc N Connector 5 Ea Li 005 Cisco Cab L400 20 Tnc N 20 Ft 6M Ultra Low Loss Lmr 400 Cable With Tnc N Connector 5 Ea Li 006 Cisco Lte Ae Mag Sma Single Unit Magnetic Antenna Extension Base 5 Ea Li 007 Cisco Con Snt Ir1101ak Sntc 8X5xnbd Service Agreement For Cisco Ir1101 Industrial Isr 2 Ea Li 008 Cisco Con Snt Ir8292lb Sntc 8X5xnbd 829 Industrial Isr 4G Lte Multimode Att 2 Ea Li 009 Cisco Con Sssnt Isr4431k Soln Supp 8X5xnbd Cisco Isr 4431 4Ge3nim8g Flash4g Dram 1 Ea Option 3 Period Of Performance 09 21 2023 09 20 2024Li 001 Cisco Ruggedized Industrial Isr With Supporting Parts And Accessories 12 Ea Li 002 Cisco Lte Advanced 3 0 Network Interface Modules Wireless Wan Interface Cards And Accessories 12 Ea Li 003 Cisco Ruggedized Industrial 8 Port Switch With Service Agreement 24 Ea Li 004 Cisco Cab L400 50 Tnc N 50 Ft 15M Ultra Low Loss Lmr 400 Cable Tnc N Connector 5 Ea Li 005 Cisco Cab L400 20 Tnc N 20 Ft 6M Ultra Low Loss Lmr 400 Cable With Tnc N Connector 5 Ea Li 006 Cisco Lte Ae Mag Sma Single Unit Magnetic Antenna Extension Base 5 Ea Li 007 Cisco Con Snt Ir1101ak Sntc 8X5xnbd Service Agreement For Cisco Ir1101 Industrial Isr 2 Ea Li 008 Cisco Con Snt Ir8292lb Sntc 8X5xnbd 829 Industrial Isr 4G Lte Multimode Att 2 Ea Li 009 Cisco Con Sssnt Isr4431k Soln Supp 8X5xnbd Cisco Isr 4431 4Ge3nim8g Flash4g Dram 1 Ea Solicitation And Buy Attachments Question Submission Interested Offerors Must Submit Any Questions Concerning The Solicitation At The Earliest Time Possible To Enable The Buyer To Respond Questions Must Be Submitted By Using The Submit A Question Feature At Www Unisonmarketplace Com Questions Not Received Within A Reasonable Time Prior To Close Of The Solicitation May Not Be Considered For This Solicitation Dhs Customs And Border Protection Cbp Intends To Conduct An Online Competitive Reverse Auction To Be Facilitated By The Third Party Reverse Auction Provider Unison Inc Unison Marketplace Has Developed An Online Anonymous Browser Based Application To Conduct The Reverse Auction An Offeror May Submit A Series Of Pricing Bids Which Descend In Price During The Specified Period Of Time For The Aforementioned Reverse Auction Dhs Customs And Border Protection Cbp Is Taking This Action In An Effort To Improve Both Vendor Access And Awareness Of Requests And The Agency s Ability To Gather Multiple Competed Real Time Bids All Responsible Offerors That Respond To This Solicitation Must Submit The Pricing Portion Of Their Bid Using The Online Exchange Located At Www Unisonmarketplace Com There Is No Cost To Register Review Procurement Data Or Make A Bid On Www Unisonmarketplace Com Offerors That Are Not Currently Registered To Use Www Unisonmarketplace Com Should Proceed To Www Unisonmarketplace Com To Complete Their Free Registration Offerors That Require Special Considerations Or Assistance May Contact Marketplace Support At 1 877 933 3243 Or Via Email At Marketplacesupport Unisonglobal Com Offerors May Not Artificially Manipulate The Price Of A Transaction On Www Unisonmarketplace Com By Any Means It Is Unacceptable To Place Bad Faith Bids To Use Decoys In The Www Unisonmarketplace Com Process Or To Collude With The Intent Or Effect Of Hampering The Competitive Www Unisonmarketplace Com Process Should Offerors Require Additional Clarification Notify The Point Of Contact Or Marketplace Support At 1 877 933 3243 Or Marketplacesupport Unisonglobal Com Use Of Unison Marketplace Buyers And Sellers Agree To Conduct This Transaction Through Unison Marketplace In Compliance With The Unison Marketplace Terms Of Use Failure To Comply With The Below Terms And Conditions May Result In Offer Being Determined As Non Responsive Unless The Buyer Indicates Otherwise Within A Particular Line Item Description Each Seller Shall Include In Its Online Bid Individual Pricing For All Required Line Items In Order To Be Considered For Award I E Do Not Use The Included In Another Line Item Function When Pricing Each Line Item If A Line Item Cannot Be Separately Priced You Must Notify The Buyer Through The Fedbid Submit A Question Feature Regarding Which Line Item S Should Be Included In Which Other Line Item S And Request Reposting Failure To Comply With This Term May Result In The Bid Being Determined To Be Non Responsive New Equipment Only No Remanufactured Or Gray Market Items All Items Must Be Covered By The Manufacturer s Warranty Bid Must Be Good For 30 Calendar Days After Close Of Buy Shipping Must Be Free On Board Fob Destination Conus Continental U S Which Means That The Seller Must Deliver The Goods On Its Conveyance At The Destination Specified By The Buyer And The Seller Is Responsible For The Cost Of Shipping And Risk Of Loss Prior To Actual Delivery At The Specified Destination This Solicitation Requires Registration With The System For Award Management Sam At The Time An Offer Or Quotation Is Submitted Excluding The Exceptions Outlined In Far 4 1102 A Registration Information Can Be Found At Www Sam Gov No Partial Shipments Are Permitted Unless Specifically Authorized At The Time Of Award Delivery Must Be Made Within 30 Days Or Less After Receipt Of Order Aro The Offeror Must Provide Within Its Offer The Number Of Days Not To Exceed 30 Required To Make Delivery After It Receives A Purchase Order From The Buyer Unless Otherwise Noted Orca Requirement Company Must Be Registered On Online Representations And Certifications Application Orca Before An Award Could Be Made To Them If Company Is Not Registered With Orca They May Do So By Going To Orca Web Site At Https Orca Bpn Gov The Selected Offeror Must Comply With The Following Commercial Item Terms And Conditions Which Are Incorporated Herein By Reference Far 52 212 1 Instructions To Offerors Commercial Items Applies To This Acquisition Far 52 212 3 Offeror Representations And Certifications Commercial Items The Selected Offeror Must Submit A Completed Copy Of The Listed Representations And Certifications Far 52 212 4 Contract Terms And Conditions Commercial Items Far 52 212 5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items Paragraph A And The Following Clauses In Paragraph B 52 222 21 52 222 26 52 222 35 52 222 36 52 222 37 52 225 13 52 232 34 The Full Text Of The Referenced Far Clauses May Be Accessed Electronically At Https Www Acquisition Gov Far Far 52 212 4 Contract Terms And Conditions Commercial Items Far 52 212 5 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Commercial Items Paragraph A And The Following Clauses In Paragraph B 52 222 21 52 222 26 52 222 35 52 222 36 52 222 37 52 225 13 52 232 34 The Full Text Of The Referenced Far Clauses May Be Accessed Electronically At Http Www Acqnet Gov Far Q Amp A Please Submit All Questions By Using The Submit A Question Button This Buy Will Then Be Reposted With Q Amp A Based On The Questions That Come In If Applicable Award Criteria An Award Will Be Made To A Responsive Offeror Who Submits All Required Submissions On Time Whose Past Performance Does Not Pose A Risk To The Government And Whose Offer Is The Lowest Price Technically Acceptable Lpta An Offer Is Technically Acceptable If Its Technical Capabilities Conform To The Government s Statement Of Work Or Listed Specs Whichever Is Applicable To The Buy In Addition To Providing Pricing At Www Fedbid Com For This Solicitation Each Offeror Must Provide Any Required Non Pricing Responses E G Technical Proposal Representations And Certifications Etc So That They Are Received No Later Than The Closing Date And Time For This Solicitation Submissions Can Be Sent To Clientservices Fedbid Com For Exact Match Only Commodity Buys No Substitutions Exact Match Only The Vendor May Not Substitute Any Item Service Listed On This Order Without Prior Written Approval From The Dhs Cbp Contracting Officer No Other Individual Is Authorized Either Verbally Or In Writing To Change Part Numbers Manufacturer Quantity Delivery Dates Or Any Other Specifications Of This Rfq Items Services That Do Not Conform To Descriptions And Part Numbers Found In This Rfq Will Be Rejected At The Time Of Delivery Causing A Return At The Vendor s Expense For Exact Match Services Buys Only In Order For A Sellers Bid To Be Responsive And Considered For Award The Seller Is Required To Document Exactly How They Intend To Meet The Requirements Of The Sow They Shall Document Statement Detailing The Service For Evaluation Failure To Do This May Be Cause For Termination This Information Is Required In Order For A Sellers Bid To Be Deemed Responsive And To Be Considered For Award For All Buys Other Than Exact Match Sellers Must Document What They Are Bidding For Evaluation For Award Sellers Must Include Extended Specs And Or Manufacturer Name And Part Numbers If Applicable Failure To Do This May Be Cause For Termination This Information Is Required In Order For A Sellers Bid To Be Deemed Responsive And To Be Considered For Award Far 52 211 6 In Accordance With The Ipp Clause Electronic Invoicing And Payment Requirements Invoice Processing Platform Ipp Jan 2016 Payment Requests For All New Awards Must Be Submitted Electronically Through The U S Department Of The Treasury s Invoice Processing Platform System Ipp The Contractor Must Use Ipp For Contracts And Orders Awarded April 11 2016 Or Later To Constitute A Proper Invoice The Payment Request Must Comply With The Requirements Identified In Far 32 905 B Payment Documentation And Process And The Applicable Prompt Payment Clause Included In This Contract The Ipp Website Address Is Https Www Ipp Gov Contractor Assistance With Ipp Enrollment Can Be Obtained By Contacting Ippcustomersupport Fms Treas Gov Or Phone 866 973 3131 If The Contractor Is Unable To Comply With The Requirement To Use Ipp For Submitting Invoices For Payment The Contractor Must Submit A Waiver Request In Writing To The Contracting Officer 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 Covered Article Provided To The Government 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 In Writing Via Email To The Contracting Officer Contracting Officer S Representative And The Enterprise Security Operations Center Soc At Ndaa Incidents Hq Dhs Gov With Required Information In The Body Of The Email 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 Enterprise Soc Contracting Officer For The Indefinite Delivery Contract And The Contracting Officer S And Contracting Officer S Representative 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 C Subcontracts The Contractor Shall Insert The Substance Of This Clause Including This Paragraph D In All Subcontracts Including Subcontracts For The Acquisition Of Commercial Items End Of Clause 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 Aug 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 The Provision At 52 204 26 Covered Telecommunications Equipment Or Services Representation Or In Paragraph V Of The Provision At 52 212 3 Offeror Representations And Certifications Commercial Items 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 Representations 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 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 In Writing Via Email To The Contracting Officer Contracting Officer S Representative And The Enterprise Security Operations Center Soc At Ndaa Incidents Hq Dhs Gov With Required Information In The Body Of The Email 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 Enterprise Soc Contracting Officer For The Indefinite Delivery Contract And The Contracting Officer S And Contracting Officer S Representative 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 In All Subcontracts And Other Contractual Instruments Including Subcontracts For The Acquisition Of Commercial Items As Prescribed In 4 2105 C Insert The Following Provision Covered Telecommunications Equipment Or Services Representation Dec 2019 A Definitions As Used In This Provision Covered Telecommunications Equipment Or Services Has 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 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
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