SAMDaily.us | PRESOL | 70 | INFORMATION TECHNOLOGY EQUIPMENT AND TRAINING FOR FOREIGN MILITARY SALES (FMS)

SAMDAILY.US - ISSUE OF MARCH 16, 2022 SAM #7411
SOLICITATION NOTICE

70 -- INFORMATION TECHNOLOGY EQUIPMENT AND TRAINING FOR FOREIGN MILITARY SALES (FMS)

Notice Date: 3/14/2022 7:02:32 AM
Notice Type: Combined Synopsis/Solicitation
NAICS: 423430 — Computer and Computer Peripheral Equipment and Software Merchant Wholesalers
Contracting Office: W6QK ACC-APG ABERDEEN PROVING GROU MD 21005-5001 USA
ZIP Code: 21005-5001
Solicitation Number: W91CRB-22-JO-B-YDM_A1
Response Due: 3/18/2022 12:00:00 PM
Archive Date: 04/02/2022
Point of Contact: Andrea L. Seaman, Lonny J. Matesky, Phone: 4102784256
E-Mail Address: andrea.l.seaman.civ@army.mil, lonny.j.matesky.civ@army.mil
(andrea.l.seaman.civ@army.mil, lonny.j.matesky.civ@army.mil)
Description: *** 14 MARCH 2022 - THE DATE FOR SUBMISSION OF PROPOSAL HAS BEEN EXTENDED UNTIL FRIDAY, 18 MARCH 2022 *** *** 08 MARCH 2022 - THE PWS HAS BEEN UPDATED AND DESCRIPTION WAS UPDATED TO ADD THE LATEST Q&A DOCUMENT*** *** 28 FEBRUARY 2022 - THE PWS AND DESCRIPTION WAS UPDATED TO ADD 17 TABLET COMPUTERS. ALSO, A Q&A DOCUMENT WAS ADDED. MORE PENDING QUESTIONS WILL BE POSTED. *** **** 14 FEBRUARY 2022 - THE DATE TO SUBMIT QUESTIONS HAS BEEN EXTENDED TO 23 FEBRUARY 2022� AS WELL AS THE DATE THE PROPOSALS ARE DUE - 14 MARCH 2022 ***** **** 31 JANUARY 2022 A QUESTION AND ANSWER PDF HAS BEEN ADDED AS AN ATTACHMENT**** SUBJECT:� Solicitation No.: W91CRB-22-JO-B-YDM A1 Request for Quote (RFQ) This is a COMBINED SYNOPSIS/SOLICITATION for COMMERCIAL ITEMS prepared in accordance with Federal Acquisition Regulations (FAR) Subpart 13.5, as supplemented with additional information included in this notice, this announcement constitutes the only solicitation; proposals are being requested herein and a separate written solicitation will not be issued.� The word Government in this document refers to the United States Government, its authorized Agencies, Departments, Representatives, Personnel and Assigns Only. The Government intends to award one (1) single award stand-alone contract as a result of this synopsis/solicitation.� Award will be made to one (1) lowest-priced, technically acceptable (LPTA) offerors with acceptable Past Performance.� This solicitation is a Request for Quote (RFQ), for Foreign Military Sales (FMS) case: JO-B-YDM; Country: Jordan The Government reserves the unilateral right to make no award if determined to be in the Government's best interest. The Offeror�s offer shall include a three (3) year warranty.� Prior to award, vendor shall submit standard warranty language to be added to the contract. The requirements for the warranties are described herein.� Prior to award, the vendor shall submit warranty language to be attached to the contract. The U.S. Army, an agency of the Government, intends to procure the following Commercial items: CLIN �� Description (ALL CLINS Firm Fixed Price)�� Quantity�� CLIN:� 0001 �� Workstation Computer�� 500 Each CLIN:� 0002 �� Desktop Computer�� 300 Each CLIN:� 0003 �� Laptop Computer�� 450 Each CLIN:� 0004 �� Monochrome Laser Printer�� 400 Each CLIN:� 0005 �� Color Laser Printer�� 50 Each CLIN:� 0006 �� ADF Scanner�� 50 Each CLIN:� 0007 �� Multifunctional All-in-One Printer�� 10 Each CLIN:� 0008�� Nexus Switch�� 1 Each CLIN:� 0009�� IT Training �� 1 LOT CLIN 0010��Tablet Computer�� 17 Each CLIN:� 0011�� CDRLs (Not Separately Priced)�� 1 LOT The Vendor shall match up each CLIN with the IT Technical equipment and training services identified within the Performance Work Statement for the full requirements.� Note 1: �The contractor shall provide Program Management, material procurement, logistics and training. Note 2: New material ONLY.� Equipment must be commercial off the shelf and not require any modification.� NO remanufactured or gray market items. All items must be covered by the manufacturer�s warranty.�� Equipment must be exportable for use in multiple countries. Note 3: Vendors shall not add additional cost for shipping items.� Items WILL NOT be shipped by the vendors (see shipping instructions below). Note 4: Award determination will be based on the lowest price technically acceptable (see basis of award section for more details). Note 5: See attached Performance Work Statement for salient characteristics. Note 6: All commercial items above will be Inspected and Accepted via Origin; DCMA will inspect goods and accept and the vendor�s location. Note 7: The Vendor shall submit a delivery date, based on how many days After Receipt of Order (ARO) are required for delivery. SHIPPING INSTRUCTIONS FOR Jordan: Vendor Instructions: Vendor shall not ship items. Vendor shall contact the following cognizant DCMA to arrange for pick-up: the cognizant DCMA will be provided at time of award. The DCMA office requires 15 days notification prior to actual shipment pickup. Vendor must use the Shipping Instruction Request System (SIR) to submit shipping requests. Partial Shipments are not allowed. The vendor shall mark the outside of each box in accordance with current (DTR) and MIL-STD 129R procedures for DD Form 1387, Military Address Label with the requisition W91CRB-22-JO-B-YDM A1 and FMS Case Designator JO-B-YDM DCMA Instructions: This is an FMS shipment. All Transportation costs are to be charged to the transportation fund cite. The FMS case designator is JO-B-YDM.� These will be filled out on each delivery order. Ship to code: TBD Mark for code: TBD TAC Code: BFMS Other Information/Requirements: It is the responsibility of the Offeror to insure that their Offer is compliant with ALL provisions of the FAR and its supplements.� The Government MAY but is not obligated to consider the Offer of any Offeror that is non-compliant with any provision of the FAR and its supplements.� Furthermore, the Government is NOT required to inform any Offeror that their Offer is non-compliant with the FAR or any of its supplements.� Failure of an Offer to comply with any provision of the FAR and its supplements can be deemed by the Government as insufficient and non-responsive to the solicitation. � For this acquisition, the North American Industry Classification System (NAICS) number is 423430 and the PSC 7E20. Delivery shall be stated in the proposal by vendor.� The vendor shall state in the proposal how many days After Receipt of Order (ARO) will it take for all items to be delivered. SPECIAL CLAUSE FOR FOREIGN MILITARY SALES: ��Rights in Technical Data and Software Provided to a Foreign Government� �The parties hereto recognize that any technical data and computer software being purchased hereunder will be provided to a foreign government.� The parties further recognize that the clauses in this contract dealing with rights in technical data, computer software and patent indemnity may be drafted in terms of rights flowing to the United States Government.� Accordingly, the Contractor agrees to grant, and by incorporation of this clause in the contract document, does grant, that foreign government the same rights in technical data, computer software and patent indemnity as would be granted to the United States Government by operation of those clauses in the contract document dealing with rights in technical data, computer software and patent indemnity, except that no rights to computer software source code for the foreign government are provided in this contract.� For purposes of contract administration, the parties agree that the clauses will be administered with the foreign government in such a manner as best approximates that set out with respect to the United States Government. Accelerated delivery at no additional cost to the Government is accepted and encouraged; Split shipments are not authorized.� Packaging requirements shall be in accordance with Standard Practice for Commercial Packaging (ASTM D 3951-98). Inspection and acceptance for all hardware (CLINs 0001-0008) shall be at SOURCE/ORIGIN.� Shipment will be FOB Origin. Inspection and acceptance for all services (CLINs 0009 and 0010) shall be at DESTINATION.� Shipment will be FOB Destination. Upon award, the contractor will be required to contact the local DCMA Office for shipping instructions. �IMPORTANT: All Contractors must provide as part of their proposal package a technical proposal that is sufficiently detailed to prove that the commercial product(s) they are offering meet all the salient characteristics in accordance with the scope of work. �All proposals must include specification or data sheet for each items as requested. The proposal package must declare whether the contractor is an assembler, a manufacturer, a distributor or a reseller. BASIS FOR AWARD: The Government will evaluate the technical proposal to ensure that it meets ALL of the Government�s requirements. The Government intends to make an award to the Contractor who submits the Lowest Priced Technically Acceptable (LPTA) offer and is deemed responsible by the Contracting Officer based on past performance.� In accordance with FAR 52.212-2 Evaluation � Commercial Items, The Government will award a contract resulting from this solicitation to the responsible offerors whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate the offers price, technical and past performance.� The Government will evaluate the technical proposal to ensure that it meets ALL of the Government�s requirements and conforms to the salient characteristics.� Note: The Government reserves the right to ONLY evaluate the LOWEST PRICED OFFEROR for technical capability. Should the lowest price offeror be determined as unacceptable, the next lowest offeror will be evaluated for technical capability, and so forth until an acceptable offer is found. The Government will evaluate price based on the proposal�s total price.� All CLINs and Optional CLINs will be added and that will comprise the total evaluated price. The Government will evaluate each vendors past performance.� Only vendors who have satisfactory or above past performance records can be eligible for award.� If a vendor has no past performance record, they will be considered satisfactory and can still be eligible for award. The Contracting Officer reserves the right to make no award under this solicitation or issue multiple awards to multiple vendors as determined fair and reasonable for each item. PROVISIONS AND CLAUSES applicable to this acquisition are as follows: FAR 52.204-7�� System for Award Management FAR 52.204-13 System for Award Management Maintenance FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.204-24 Representation Regarding Certain Telecommunications and Video �� Surveillance Services or Equipment FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and �� Video Surveillance Services or Equipment FAR 52.204-26 Covered Telecommunications Equipment or Services--Representation FAR 52.212-1 ��Instructions to Offerors �Commercial Items FAR.52.212-2 ��Evaluation � Commercial Items FAR 52.212-3 ��Offeror 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, for Paragraph (b) the following clauses apply: FAR 52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards FAR 52.204-23�� Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities FAR 52.209-6 Protecting the Government�s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FAR 52.219-6 Notice of Total of Small Business Set-Aside FAR 52.219-13 Notice of Set-Aside of Orders (NOV 2011)�� FAR 52.219-28 Post Award Small Business Program Representation (MAR 2009) FAR 52.222-3 Convict Labor; FAR 52.222-19 Child Labor; FAR 52.222-21 Prohibition of segregated facilities; FAR 52.222-26 Equal Opportunity; FAR 52.222-35 Equal Opportunity for Veterans; FAR 52.222-36 Affirmative Action for Workers with Disabilities; FAR 52.222-37 Employment Reports Veterans; FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act; FAR 52.223-18- Encouraging contractor Policies to Ban Text Messaging While Driving; FAR 52.225.13- Restrictions on Certain Foreign Purchases FAR 52.232-33 Payment by Electronic Funds Transfer � Other Than Central Registration FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.222-22 Previous Contracts and Compliance Reports FAR 52.222-50 Combating Trafficking in Persons FAR 52.225-25� Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Also FMS/ITAR/EAR related) FAR 52.227-1 Authorization and Consent FAR 52.227-1 Authorization and Consent Alt 1 FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement FAR 52.227-9 Refund of Royalties FAR 52.227-11 Patent Rights � Ownership by the Contractor FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-3 Protest after Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.247-29 F.O.B. Origin FAR 52.252-2 Clauses Incorporated by Reference DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7012 Safeguarding Unclassified Controlled Technical Information DFARS 252.204-7015 Disclosure of Information Litigation Support Contractors DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services�Representation DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders DFARS 252.223-7999 Ensuring Adequate COVID Safety Protocols for Federal Contracts DFARS 252.233-7001 - Choice of Law (Overseas) DFARS 252.211-7003 Item Identification and Valuation DFARS 252.211-7006 Passive Radio Frequency Identification DFARS 252.212-7000 Offeror Representations and Certifications � Commercial Items DFARS 252.222-7002 Compliance with Local Labor Laws (Overseas) DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales; DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments; DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside of the United States DFARS 252.225-7041 Correspondence in English DFARS 252.225-7048 Export-Controlled Items DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns DFARS 252.227-7015 Technical Data- Commercial Items; DFARS 252.227-7027 Deferred ordering of technical data or computer software DFARS 252.227-7028 Technical Data or Computer Software previously delivered to the Government DFARS 252.227-7030 Technical Data-Withholding of Payment DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data; DFARS 252.227-7032 Rights in Technical Data and Computer Software (Foreign) DFARS 252.227-7039 Patents � reporting of subject inventions DFARS 252.232.7010 Levies on Contract Payments DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7006 Wide Area Workflow Payment Instructions DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation by Sea AFARS 5152.211-9000 Evaluation of Subline Items AFARS 5152.211-9001 Variations in Estimated Quantities - Subline Items 52.204-24� 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. (End of provision) 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020) 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-- Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); � 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); � Telecommunications or video surveillance services provided by such entities or using such equipment; or � 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-- � 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; 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-- � Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or � For reasons relating to regional stability or surreptitious listening; � 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); � 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); � 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 � 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. 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. � 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. � Exceptions. This clause does not prohibit contractors from providing-- � A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or � 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. � Reporting requirement. 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. � The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: � 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. � 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. � Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) ...
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70 -- INFORMATION TECHNOLOGY EQUIPMENT AND TRAINING FOR FOREIGN MILITARY SALES (FMS)