tactical equipment...the u.s. embassy, inl section, bridgetown, barbados is inviting quotes for...

Procurement Sensitive: Unauthorized disclosure of this information violates the Procurement Integrity Act.

See FAR 3.104

SENSITIVE BUT UNCLASSIFIED

12 February 2021

The U.S. Embassy, INL Section, Bridgetown, Barbados is inviting quotes for Tactical

Equipment (Best and Final Offer).

The United States Government reserves the right to cancel this solicitation in part or in full, as

necessary. The Request for Quote does not commit the United States Government to make any

award. The government intends to award a Purchase Order.

All quotes, requests for additional information and site visit appointments should be sent

by email to [email protected] .

Deadline for quotation is: March 01, 2021. No offer will be accepted after this date.

Bureau of International Narcotics and Law Enforcement Affairs (INL)

U.S. Embassy Barbados.

U.S. Embassy, Bridgetown

mailto:[email protected]


See FAR 3.104


Request for Quote (RFQ)

Police Uniforms and Gear

SECTION 1

SUBMISSION AND RFQ INFORMATION

INFORMATION TO CONTRACTOR

Contractors are reminded that information furnished under this Request for Quote (RFQ) may be

subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are

confidential to business or that contain trade secrets or proprietary or personnel information must

be clearly marked. Marking of items will not necessarily preclude disclosure when Department

of State (DOS) determines disclosure is warranted by FOIA. However, if such items are not

marked, all information contained within the submitted documents will be deemed releasable.

QUESTIONS CONCERNING THE REQUEST FOR QUOTE

Offerors are warned against contacting any INL personnel and shall work through FEDBID. If

such a contact occurs and found to be prejudicial to competing vendors, the vendor making such

a contact may be excluded from award consideration.

No information concerning this RFQ shall be provided in response to telephone calls. All such

requests must be submitted in writing to Richard Bonnett at [email protected]. Only written

questions relating to this RFQ shall be accepted. All communications about this RFQ shall cite

the reference section title and page number and directed to U.S. Embassy INL section ATTN:

Richard Bonnett.

https://usdos-my.sharepoint.com/personal/bonnettr_state_gov/Documents/Desktop/[email protected]


See FAR 3.104


*** Language description of Technical Specifications or Pictures are “required” with the

submission of quote.

***Brand names and models are only for reference; Other brands are accepted if they

meet or exceed technical specification of suggested equipment.

CONTRACTOR RELATIONSHIPS

The Department of State (DOS) encourages the use of subcontractors. In addition, the

Department requires that any potential Organization Conflict of Interest be identified in the

proposal to ensure proper firewalls established prior to award.

MULTIPLE PROPOSALS/ALTERNATIVE SOLUTIONS

Contractors shall not submit, nor shall the Government accept or evaluate, multiple proposals

offering alternative solutions. Contractors shall not submit, nor shall the Government accept or

evaluate, multiple solutions within one proposal.

PERIOD OF ACCEPTANCE OF OFFERS

Contractors shall agree, if the proposal is accepted within ninety (90) calendar days (unless a

greater period is inserted by the contractor) from the date specified in the solicitation for receipt

of proposals, to furnish any or all the requirements upon which prices are proposed at the price

set opposite each item, performed and/or delivered at the designated point(s) within the time

specified.

SECTION 2

STATEMENT OF WORK (SOW)

BACKGROUND

The Bureau of International Narcotics and Law Enforcement Affairs (INL) is an instrumental

leader in the development of policies and programs to combat international narcotics and crime.

INL programs support two of the Department of States' strategic goals: (1) to reduce the entry of

illegal drugs into the United States; and (2) to minimize the impact of international crime on the

United States and its citizens. One of the many ways to effectively meet the listed goals is to

collaborate with allied governments both directly and indirectly to promote the modernization of

and support the enforcement operations of their foreign criminal justice systems and law

enforcement agencies.

SCOPE

The vendor shall provide ALL items stated under APPENDIX A, TECHNICAL

SPECIFICATION OF ITEMS of this RFQ. Packaging and preservation shall be IAW best

commercial practices to enable shipment to final destination in Barbados to the address

specified (e.g., see below), without repacking or incurring damage during shipment and

handling.


See FAR 3.104


TYPE OF CONTRACT

This is a firm-fixed price, single award contract, with the optional quantities. Items outlined

under APPENDIX A, TECHNICAL SPECIFICATION OF ITEMS below shall be brand

name or equal of the purchase request under NAICS 315210 --- Cut and Sew Apparel

Contractors. No additional sums will be payable on account of any escalation in the cost of

materials, equipment or labor, or because of the Contractor’s failure to properly estimate or

accurately predict these prices or difficulty of achieving the results required by this contract. Nor

will the contract price be adjusted on account of fluctuations in the currency exchange rates.

BASIS OF AWARD

The Government anticipates issuing a Purchase Order Award to the Quoter who’s Quote

provides the lowest priced technically acceptable (LPTA) to the Government. Quotes shall

set forth full, accurate, and complete information as required by this solicitation package

(including Attachments). The penalty for making false statements in Quotes is prescribed in 18

USC.1001.

*** Offerors should clearly state the delivery dates in their responses to this RFQ.

DELIVERY DATE

60 days ARO

SET-ASIDE

This acquisition is for Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside

in accordance with FAR 6.206.

SUPPLIES AND PRICES

The Contractor shall provide to the U.S. Government the new products as described in the

specifications (APPENDIX A) for the stated firm fixed price. Further, the Contractor shall

properly perform the pre-delivery inspection on the products and deliver them to the location set

forth under Place of Delivery, of this RFQ. The firm fixed price shall include the products pre-

delivery inspection, certificates of origin, operator’s manuals, warranty certificates and any other

documentation mandated by the destination country.

*** If applicable - manuals shall be furnished in English.

MARKETING AND PACKAGING

***** All boxes must be mark as followed (i.e., please see below) with clear visibility.

SEE APPENDIX C

SHIPPING INSTRUCTIONS


See FAR 3.104


The National Defense Authorization Act (NDAA) prohibits contracts with companies or

entities that use covered telecommunications equipment, systems or services as a substantial or

essential system component or technology. These mandates require that all U.S. Department of

State contracts contain provisions verifying that the provider will not be supporting the

Department of State using the proscribed equipment/services.

*****SEE APENDIX D***

Review and check the appropriate boxes in the NDAA section.

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment.

Representation Section 2 (D) (1) and (2)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

Representation (C)

SERVICE AND MAINTENANCE

All parts, accessories, service and repairs --- if applicable for the above items shall be available

in Barbados and obtainable within reasonable period.

WARRANTY

To facilitate expeditious return of warranty items and to avoid delays in the warranty process, the

offeror must provide within forty-five (45) days of notification of a warranty action the required

information to facilitate shipping of warranty items to manufacturer. This includes, but is not

limited to, information to ensure full compliance with ITAR regulations and no delay in

providing the Reference RA# and a shipping address. Control Base Stations (Part Number for

reference, followed by description and quantity).

DELIVERY INFORMATION

The vendor is responsible for the delivery of all items listed below under APPENDIX A,

TECHNICAL SPECIFICATIONS OF ITEMS.

FOB Destination ---- the Contractor shall consolidate the entire shipment to prevent loss and

misdirection. The contractor upon notification shall replace any lost or damaged items during

shipment.

The items being acquired will be donated to the government of the ultimate destination (I.e.,

reference shipping section). The contractor shall ensure that all items are prepared for safe

shipment and include all necessary export approvals, required material data safety sheet,

licenses, and paperwork. One copy of the packing list and commercial invoice must accompany


See FAR 3.104


the shipment, attached to the outside of the “lead” or number one box/carton/package, or

individually attached to the outside of each box/carton/package.

PLEASE NOTE:

All orders are ultimately intended for an overseas destination. If the shipment will involve wood

packaging material, then the packing and palletizing must conform to the standards in the

International Standards for Phytosanitary Measures Publication No. 15: “Guidelines for

Regulating Wood Packaging Material in International Trade” (ISPM 15) and have the

appropriate markings indicating that the materials meet this standard. Any deliveries arriving at

our indicated domestic delivery address that do not meet these standards will be rejected and

must be corrected at the contractor’s expense.

SOLICITATION CONSIDERATIONS

This is a brand name or equal to procurement, the seller certifies that it is an authorized

distributer of the similar product being sold to the Department of State and that it has the

certification/specialization level required by the manufacturer, to support both the product sale

and product pricing, in accordance with applicable manufacturer certification/specialization

requirements. Unless otherwise specified, Seller warrants that the products are new and in their

original box(s).

In addition to providing pricing 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 (I.E. PLEASE

SEE SECTION ONE OF SOLICITATION FOR DUE DATE).

This solicitation requires registration with the System for Award Management (SAM) prior to

award, pursuant to FAR 4.1102 and other applicable regulations and guidelines. Information can

be found at www.sam.gov .

All Quotes must be valid for 90 days. No exceptions or qualifications. New equipment ONLY,

NO grey market or refurbished products. Items must be in original packaging, never used, and

not altered in any way. Components of the requested equipment, to include memory, must be

manufacturer-approved and may not be compatible, remanufactured, or refurbished equipment.

All items must be covered by manufacturer’s warranty and procured through a manufacturer

approved distribution channel. Sellers must be able to document their ability to provide items

through manufacturer approved distribution channels upon request.

The Seller confirms to have sourced all products submitted in this Quote from manufacturer-

approved channels for Federal sales, in accordance with all applicable laws and manufacturer’s

current applicable policies at the time of purchase. Seller must be able to support both the

product sale and product pricing, in accordance with applicable manufacturer certification /

specialization requirements. If software is provided or included, Seller shall, upon request,

provide Buyer with a copy of the End User License Agreement. Seller certifies that all software

is licensed originally to Buyer as the original licensee authorized to use the software.

http://www.sam.gov/


See FAR 3.104


Pursuant to the Trade Agreements Act (19 U.S.C. 2512(a)) (TAA), Federal acquisitions of

supplies may be made only from offerors that will supply products of an eligible country under

any of the free trade agreements entered pursuant to the TAA. An article is considered a product

of a country only if it is wholly a product of that country or if it has been, substantially

transformed, in that country into a new and different article of commerce with a name, character,

or use distinct from that of the original article(s). Note that any item that is a discreet article as it

is sold in commerce, regardless of its ultimate function or use, cannot be considered,

substantially transformed, and based solely on its integration into IT or other systems

The Contractor and its employees shall exercise the utmost discretion concerning all matters

relating to their duties and functions. They shall not communicate to any person any information

known to them because of their performance of services under this contract, which has not been

made public, except in the necessary performance of their duties or upon written authorization of

the Contracting Officer.

All documents and records (including photographs) generated during the performance of work

under this contract shall be for the sole use and become the exclusive property of the U.S

Government. Furthermore, no article, book, pamphlet, email, recording, broadcast, speech

television appearance, film or photograph concerning any aspect of work performed under this

contract shall be published or disseminated through any media without the prior written

authorization of the Contracting Officer. These obligations do not cease upon the expiration or

termination of this contract. The Contractor shall include the substance of this provision in all

contracts of employment and in all subcontracts hereunder.

CUSTOMS CLEARANCE AND TAX EXEMPTIONS

If applicable, the U.S. Government will assist the Contractor in obtaining customs clearance and

tax exemption certificates from the Government of Barbados.

EXPORT LICENSE

The Contractor shall comply with Sections 38-40 of the Arms Export Control Act (AECA) (22

U.S.C. 2778-2780) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-

130) as required, for the prosecution of work under this contract at no additional cost to the

Government. Failure to be in compliance with AECA and ITAR by date planned for

commencement of contract performance as well as during the entire performance of work under

this contract may result in contract termination. Any penalties rendered to the Contractor, as a

direct result of being found non-compliance with AECA and ITAR will be the responsibility of

the Contractor. For additional information on AECA and ITAR, see

http://www.pmddtc.state.gov/.

The Contractor shall comply with license requirements of the Commerce Control List and any

Export Administrative Regulations (EAR), which may apply.

INSPECTION AND ACCEPTANCE

The U.S. Government shall perform the final inspection and acceptance of ALL items in

Barbados. The payment(s) to the Contractor shall be made following satisfactory inspection and

acceptance of products.


See FAR 3.104


APPENDIX A

TECHNICAL SPECIFICATION

*** ALL ITEMS SHOULD COME WITH AT LEAST A ONE (1) YEAR WARRANTY

AND GUARANTEE OF QUALITY AND AT BRAND NAME OR EQUAL.

*** Brand names, models and pictures are only for reference; Other brands are accepted

if they meet or exceed technical specification of suggested equipment.

001 BDU Shirts, long sleeve, poly cotton, rip stop, 2 pocket (Black)

QUANTITY: 30

BDU SHIRTS (Long Sleeve)

XXX/L 2

XXL/R 4

XL/L 4

XL/R 4

L/L 5

L/R 5

M/R 4

S 2


See FAR 3.104


TOTAL 30

002 BDU Pants, poly cotton, rip stop, 6-pocket (Black)

QUANTITY: 30

BDU PANTS (Long)

XXL/R 3

XL/R 3

L/L 8

L/R 8

M/R 5

S/R 3

TOTAL 30

003 BDU Shirts BDU shirt, long sleeve, poly cotton, rip stop, 2 pockets

(Color khaki, Coyote, Charcoal, Grey or Olive)

QUANTITY: 30 **Matching top and bottom**

BDU SHIRTS (Long Sleeve)

XXX/L 2

XXL/R 4

XL/L 4

XL/R 4

L/L 5

L/R 5

M/R 4

S 2

TOTAL 30

004 BDU Pants, poly cotton, rip stop, 6-pockets (Color khaki, Coyote, Charcoal, Grey or Olive:)

QUANTITY: 30 **Matching top and bottom**

BDU PANTS XXL/R 3

XL/R 3

L/L 8


See FAR 3.104


L/R 8

M/R 5

S/R 3

TOTAL 30

005 Hydration Pack (otherwise known as a Camel Pack)

QUANTITY: 25

SPECIFICATIONS:

Color A-black


See FAR 3.104


Inside Pockets

Utility Pocket

Outer Material

Polyester

Closure Type

Zipper

Lining Description

Polyester

Style Daypack Backpacks

Water Resistance Level

Water Resistant

Strap Type Shoulder Strap


See FAR 3.104



See FAR 3.104


006 Military Tactical Backpack

QUANTITY: 25

SPECIFICATIONS:

Color Black

Inside Pockets

Utility Pocket

Closure Type

Zipper

Lining Description

Polyester

Style Military Tactical

Capacity 40 Liters

Strap Type

Shoulder Strap


See FAR 3.104



See FAR 3.104


007 Windbreaker/jacket with the word POLICE on the back and front

QUANTITY: 30

SPECIFICATIONS:

JACKETS XXX 2

XXL 6

XL 5

L 8

M 5

S 4

TOTAL 30


See FAR 3.104


008 Standard Cap with the word POLICE written on it, these caps are adjustable therefore

no size chart is attached.

QUANTITY: 30 SPECIFICATIONS:


See FAR 3.104


009 Tactical Impact Glove

QUANTITY 30

GLOVES XXL 3 PAIRS

XL 7 PAIRS

L 8 PAIRS

M 8 PAIRS

S 4 PAIRS

TOTAL

30

• Polyester Spandex Helps Move Moisture Away from The Body

• 5 MM Thick Open-Cell Foam Laminated with Polyester

• Elastic Cuff with Hook and Loop Closure

• Finger and Knuckle Patches for Added Protection

• Synthetic Leather Palm and Fingers for Grip and Durability

• Sizes (See above chart)

010 BOOTS Tactical boots, 8”

QUANTITY: 30 Pairs (Male and Female Sizes)

SPECIFICATIONS:

• Black color required

• Gore-Tex

• Full grain leather and rugged nylon construction

• Generous open cell foam cushioning

• Non-metallic shank

• Injection molded phylon midsole

• Stay-tied sausage laces

• Rugged, reliable, comfortable

• Polished leather toe

• Antibacterial and moisture-wicking lining

• Cushioned insole

• Oil and slip resistant, no-squeak outsole

• Semi-rigid heel and toe reinforcement


See FAR 3.104


SIZES (Boots) AMOUNT

14 (Male) 2 PAIRS

13 (Male) 5 PAIRS

12 (Male) 4 PAIRS

11 (Male) 5 PAIRS

10 ½ (Male) 2 PAIRS

10 (Male) 5 PAIRS

9 ½ (Male) 2 PAIRS

9 (Male) 1 PAIRS

9 (Female) 4 PAIRS

30 PAIRS

011

QUANTITY: 2

Black Tactical OSHA Compliant, 16 ft Reach, Telescoping Ext Ladder

SPECIFICATIONS:


See FAR 3.104


APPENDIX B

PRICING MATRIX

VENDORS SHALL SUBMIT PRICING USING AN ATTACH EXCEL SPREADSHEET

OR PDF, AS WELL AS THE CLIN(S) (If applicable) STRUCTURE.


See FAR 3.104


APPENDIX C

SHIPPING INSTRUCTIONS

Please provide the Despatch Agency with the MSDS/HAZMAT Documents.

Pack items on the attached purchase order for international shipping. If fiberboard/cardboard

cartons are used, they should be double walled for extra durability. Wooden shipping skids or

crating material must be ISPM-15 compliant for international transport.

Mark all containers as follows:

Label shipment as seen below.

This format is required by the Despatch Office.

BGI PO#

Goldbelt Specialty

11380 NW 34th Street

Doral FL 33178

Number all containers showing carton, including the total number of containers in the order (e.g.,

1 of 8; 1/8). Numbering and other markings are

required even for palletized shipments.

Please hold and ship complete order or consolidate items into a single order before shipment. Do

NOT ship items from different orders in the same

shipment.

Attach Packing List(s) and Purchase Order to Exterior of First Container

Mark All Containers with the Shipping Address

If you have any questions regarding shipping procedures, please

Contact the U.S. Despatch Agency Miami:

Phone: 305-640-4574

Fax: 305-715-3502

E-mail: [email protected]

mailto:[email protected]


See FAR 3.104


APPENDIX D

National Defense Authorization Act (NDAA) Compliance

The National Defense Authorization Act (NDAA) prohibits contracts with companies or entities

that use covered telecommunications equipment, systems or services as a substantial or essential

system component or technology. These mandates require that all U.S. Department of State

contracts contain provisions verifying that the provider will not be supporting the Department of

State using the proscribed equipment/services.

As defined in the statute, covered telecommunications equipment or services means the

following: telecommunications equipment produced by Huawei, ZTE, Hikvision, Dahua, and

Hytera, or their subsidiaries or affiliates.

You are required to review and complete the attached NDAA contract compliance document.


See FAR 3.104


COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES

REPRESENTATION

Contractor Name:

Contractor’s Authorized Representative:

Signature:

Date:

52.204-24 Representation Regarding Certain Telecommunications and Video


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

https://www.acquisition.gov/far/part-4#FAR_4_2105

https://www.acquisition.gov/far/part-52#FAR_52_204_26




See FAR 3.104


(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


(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.

https://www.sam.gov/


See FAR 3.104


(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


See FAR 3.104


(C) Explanation of the proposed use of covered telecommunications equipment and

any factors relevant to determining if such use would be permissible under the prohibition in

paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered

telecommunications services offered (include on the item being maintained: Brand; model

number, such as OEM number, manufacturer part number, or wholesaler number; and item

description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and

explanation of the proposed use of covered telecommunications services and any factors relevant

to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this

provision.

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video


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

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);



See FAR 3.104


(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


See FAR 3.104


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


(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




See FAR 3.104


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)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

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

Covered Telecommunications Equipment or Services-Representation (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.

https://dibnet.dod.mil/

https://dibnet.dod.mil/




See FAR 3.104


(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.

(End of provision)

https://www.sam.gov/