Request for Quotation (RFQ) for Dedicated Internet Services

February 7, 2024

Job Overview

  • Date Posted
    February 7, 2024
  • Location
  • Expiration date
    February 20, 2024
  • Experience
    5 Years
  • Gender
    Both
  • Qualification
    Bachelor Degree
  • Organization
    Peace Corps
  • Required Languages
    English

Job Description

 

PEACE CORPS SIERRA LEONE

Overseas Request for Quotation (RFQ) for Dedicated Internet Services

 

RFQ Number: 636-24-001R

 

Date: 8th February 2024

 

Peace Corps Sierra Leone has a need for Dedicated Internet Service (Primary and Secondary/Back-up).  Peace Corps is soliciting fixed-price quotations from the vendor community for the supplies and/or services detailed below.     

 

If you are interested in submitting a quotation, please do so by sending your completed and signed Attachment 1—Vendor Quotation Form by mail OR by e-mail to:

Name: Kyle Jessop

Address: 34 Old Railway Line, Signal Hill, Freetown, Sierra Leone

E-mail: SL-DMO@peacecorps.gov 

 

Quotations are due no later than 5.00pm on 22nd February 2024.  Late quotations will not be accepted. 

 

Written questions about this Request for Quotation (RFQ) may be sent in the same fashion to the individual noted above in advance of the RFQ due date.  No phone calls please.

 

Peace Corps will evaluate all quotations received by the deadline based on the minimum requirements and/or evaluation factor(s) shown below.  Contingent on the availability of funds and continued need for the supplies and/or services, at the end of the evaluation process, Peace Corps intends to award a firm-fixed-price contract for the purchase of the required supplies and/or services to the selected vendor.

 

Peace Corps will only shortlist Internet Service Providers (ISPs) who have joined Metro Cable with the ability to add fiber to any of the locations listed below at the residence request. The resident will be responsible for the cost of installation, but the ISP should provide evidence of membership / or partnership with Metro Cable. 

  • Statement of Work/Description of Requirements  

 

Requirement 1 – Primary Internet Service

 

Pease Corps Sierra Leone Requires dedicated internet service for its office and four other locations that covers a base plus for option years as follows.

 

  • Mbps downstream and upstream to the following location

 

  • Location 1 – 20/20Mbps Bandwidth (including 1 Public/static IP address) – 34 Old Railway line Signal Hill, Freetown. 

 

  • Location 2 – 6/6Mbps Bandwidth (including 1 Public/static IP address) – 50 Old Railway Line off Signal Hill, Freetown.

 

  • Location 3 – 4/4Mbps Bandwidth (including 1 Public/static IP address) – 36B Wilkinson Bye Pass Road, Spur View Estate, Freetown.

 

  • Location 4 – 4/4Mbps Bandwidth (including 1 Public/static IP address) – 34 Old Railway line Signal Hill Freetown. 

 

  • Location 5 – 4/4Mbps Bandwidth (including 1 Public/static IP address) – 52 Main Motor Road, Wilberforce, Freetown.

 

  • Location 6 – 4/4Mbps Bandwidth (including 1 Public/static IP address) – Located in the Aberdeen area of Freetown.

 

  • Location 7 – 4/4Mbps Bandwidth (including 1 Public/static IP address) – Located in the Aberdeen area of Freetown.

 

  • Location 8 – 4/4Mbps Bandwidth (including 1 Public/static IP address) – Yorfendeh Street, Kambia Town, Kambia District.

 

  • The Internet Service Provider (ISP) must guarantee full contracted bandwidth availability 24/7/365 from the originator side to the ISP’s internet gateway. Bandwidth sharing between other customers is not allowed. Connection Ratio must be 1/1.

 

  • Bandwidth testing/measurement will be using the public domain throughput test tool https://www.speedtest.net, with a maximum acceptable negative variance on the contracted bandwidth of 10%.

 

Requirement 2 – Secondary/Back-up Internet Service

 

  • 6Mbps downstream and upstream at Peace Corps Office – 34 Old Railway Line, Signal Hill, Freetown.

 

  • The Internet Service Provider (ISP) must guarantee full contracted bandwidth availability 24/7/365 from the originator side to the ISP’s internet gateway. Bandwidth sharing between other customers is not allowed. Connection Ratio must be 1/1.

 

  • Bandwidth testing/measurement will be using the public domain throughput test tool https://www.speedtest.net, with a maximum acceptable negative variance on the contracted bandwidth of 10%.

 

NOTE:

Peace Corps reserves the right to.

  • To award contract for individual locations or grouped locations for the different internet services required at the eight locations (under requirement 1) indicated above (Peace Corps reserves the right to award contract for requirements 1 listed above to single Internet Service Provider or to multiple Internet Service Providers).
  • To reduce the number of locations where internet service is required.
  • To delay the start of period of performance for locations 6 and 7.
  • Increase/decrease MBPS on any of the locations listed at any given time.

 

  1. Peace Corps also reserves the right not to award both requirements (Requirement 1-Primary Internet service and Requirement 2-Secondary/back-up internet service) of this RFQ to a single vendor.

 

Requirement 1 – Primary Internet Service

 

ITEM 01

 Location 1 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (20/20Mbps) monthly charge. 12

 

ITEM 02

 

Location 2    –   50 Old Railway Line off Signal Hill, Freetown.

 

Item Description Qty
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge. 12

 

ITEM 03

 

Location 3   –   36B Wilkinson Bye Pass Road, Spur View Estate, Freetown.

Item Description Qty
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge. 12

 

ITEM 04

 

Location 4   –     34 Old Railway line Signal Hill Freetown.

Item Description Qty
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge. 12

 

ITEM 05

 

Location 5     –   52 Main Motor Road, Wilberforce, Freetown.

Item Description Qty
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge. 12

 

ITEM 06

 

Location 6     –   Location within western area of Freetown.

Item Description Qty
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge. 12

 

ITEM 07

 

Location 7     –   Location within western area of Freetown.

Item Description Qty
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge. 12

 

ITEM 08

 

Location 8     –   Yorfendeh Street, Kambia Town, Kambia District.

Item Description Qty
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge. 12

 

Requirement 2 – Secondary/Back-up Internet Service

 

ITEM 01

 Location 1 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge. 12

 

  1. Place of Performance: Service should be provided at the address of the various locations indicated in Section A above.

 

              Delivery Schedule

Base period: March 18th, 2024, through March 17th, 2025

Option Period 1: March 18th, 2025, through March 17th, 2026

Option Period 2: March 18th, 2026, through March 17th, 2027

Option Period 3: March 18th, 2027, through March 17th, 2028

Option Period 4: March 18th, 2028, through March 17th, 2029

 

  1. Contract Terms and Conditions

 

As an Agency of the United States Government, Peace Corps has an approved contract template that it intends to use for the award.  Peace Corps reserves the right to deny making a contract award to a vendor should they refuse to sign the Peace Corps approved contract template. 

 

  1. Minimum Criteria:

 

A quotation will not be considered further if it does not meet the following minimum criteria:

  • Proof of membership with Metro Cable
  • Separated price quoted for each requirement.
  • Should be able to complete all set-up and testing by March 18th, 2024 (with 2 weeks free trial through March 31st, 2024). 
  • Vendors should be willing to accept payment by Electronic Funds Transfer (EFT).
  • Quotation should include contact details (name of client, mobile phone number and email address) of at least four (4) referees for which similar services have been provided.
  • Meeting the requirements of the appendix I 
  • Completing the self-certification in appendix II of this RFQ
  • Quotation should include documents of existence (incorporated in Sierra Leone) and eligibility to provide such service example includes.
    • Tax Clearance
    • Business registration certificate/certificate of incorporation.
    • NASSIT registration
  • Any required registration with the National Telecommunication                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      

 

  1. Evaluation Factors:

 

Quotations that meet the minimum criteria listed above may be further evaluated based on the following factors:

  • Price
  • Delivery Timeframe
  • Past Performance

Award may be made with or without negotiations between the Peace Corps and the selected vendor.  Award may be made to a vendor that provided the lowest priced technically acceptable quotation, or to a vendor other than the one that provided the lowest priced quotation, should that vendor be determined to have provided the best value quotation to the Peace Corps taking technical and cost factors into account.

 

All vendors that submit quotations in response to this RFQ will be notified of the results.

 

[End of RFQ]

 

ATTACHMENT 1 – VENDOR QUOTATION FORM

 

RFQ Number:  636-24-001R

 

Vendor:

 

Authorized Representative:

 

Name:

 

Position/Title:

 

Phone Number:

 

E-mail Address:

 

Quoted Prices (Inclusive of Administrative and/or Overhead Costs) for Base Period plus all four-option period

 

Requirement 1 – Primary Internet Service

 

Base Period 

 

ITEM 01

 Location 1 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (20/20Mbps) monthly charge – with period of performance March 18th, 2024, through March 17th 2025 12

 

ITEM 02

 

Location 2    –   50 Old Railway Line off Signal Hill, Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge – with period of performance March 18th, 2024, through March 17th 2025 12

 

ITEM 03

 

Location 3   –   36B Wilkinson Bye Pass Road, Spur View Estate, Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2024, through March 17th 2025 12

 

ITEM 04

 

Location 4   –     34 Old Railway line Signal Hill Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2024, through March 17th 2025 12

 

ITEM 05

 

Location 5     –   52 Main Motor Road, Wilberforce, Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2024, through March 17th 2025 12

 

ITEM 06

 

Location 6     –   Located in the Aberdeen area of Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2024, through March 17th 2025 12

 

ITEM 07

 

Location 7     –   Located in the Aberdeen area of Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2024, through March 17th 2025 12

 

Location 8     –   Yorfendeh Street, Kambia Town, Kambia District.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2024, through March 17th 2025 12

 

Option Period 1

 

ITEM 01

 Location 1 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (20/20Mbps) monthly charge – with period of performance March 18th, 2025, through March 17th 2026 12

 

ITEM 02

 

Location 2    –   50 Old Railway Line off Signal Hill, Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge – with period of performance March 18th, 2025, through March 17th 2026 12

 

ITEM 03

 

Location 3   –   36B Wilkinson Bye Pass Road, Spur View Estate, Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2025, through March 17th 2026 12

 

ITEM 04

 

Location 4   –     34 Old Railway line Signal Hill Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2025, through March 17th 2026 12

 

ITEM 05

 

Location 5     –   52 Main Motor Road, Wilberforce, Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge with period of performance March 18th, 2025, through March 17th 2026 12

 

ITEM 06

 

Location 6     –   Located in the Aberdeen area of Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2025, through March 17th 2026 12

 

ITEM 07

 

Location 7     –   Located in the Aberdeen area of Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge with period of performance March 18th, 2025, through March 17th 2026 12

 

Location 8     –   Yorfendeh Street, Kambia Town, Kambia District.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2025, through March 17th 2026 12

 

Option Period 2

 

ITEM 01

 Location 1 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (20/20Mbps) monthly charge – with period of performance March 18th, 2026, through March 17th 2027 12

 

ITEM 02

 

Location 2    –   50 Old Railway Line off Signal Hill, Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge – with period of performance March 18th, 2026, through March 17th 2027 12

 

ITEM 03

 

Location 3   –   36B Wilkinson Bye Pass Road, Spur View Estate, Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2026, through March 17th 2027 12

 

ITEM 04

 

Location 4   –     34 Old Railway line Signal Hill Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2026, through March 17th 2027 12

 

ITEM 05

 

Location 5     –   52 Main Motor Road, Wilberforce, Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge with period of performance March 18th, 2026, through March 17th 2027 12

 

ITEM 06

 

Location 6     –   Located in the Aberdeen area of Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2026, through March 17th 2027 12

 

ITEM 07

 

Location 7     –   Located in the Aberdeen area of Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge with period of performance March 18th, 2026, through March 17th 2027 12

 

Location 8     –   Yorfendeh Street, Kambia Town, Kambia District.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2026, through March 17th 2027 12

 

Option Period 3

 

ITEM 01

 Location 1 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (20/20Mbps) monthly charge – with period of performance March 18th, 2027, through March 17th 2028 12

 

ITEM 02

 

Location 2    –   50 Old Railway Line off Signal Hill, Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge – with period of performance March 18th, 2027, through March 17th 2028 12

 

ITEM 03

 

Location 3   –   36B Wilkinson Bye Pass Road, Spur View Estate, Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2027, through March 17th 2028 12

 

ITEM 04

 

Location 4   –     34 Old Railway line Signal Hill Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2027, through March 17th 2028 12

 

ITEM 05

 

Location 5     –   52 Main Motor Road, Wilberforce, Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge with period of performance March 18th, 2027, through March 17th 2028 12

 

ITEM 06

 

Location 6     –   Located in the Aberdeen area of Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2027, through March 17th 2028 12

 

ITEM 07

 

Location 7     –   Located in the Aberdeen area of Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge with period of performance March 18th, 2027, through March 17th 2028 12

 

Location 8     –   Yorfendeh Street, Kambia Town, Kambia District.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2027, through March 17th 2028 12

 

Option Period 4

 

ITEM 01

 Location 1 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (20/20Mbps) monthly charge – with period of performance March 18th, 2028, through March 17th 2029 12

 

ITEM 02

 

Location 2    –   50 Old Railway Line off Signal Hill, Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge – with period of performance March 18th, 2028, through March 17th 2029 12

 

ITEM 03

 

Location 3   –   36B Wilkinson Bye Pass Road, Spur View Estate, Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2028, through March 17th 2029 12

 

ITEM 04

 

Location 4   –     34 Old Railway line Signal Hill Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2028, through March 17th 2029 12

 

ITEM 05

 

Location 5     –   52 Main Motor Road, Wilberforce, Freetown.

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge with period of performance March 18th, 2028, through March 17th 2029 12

 

ITEM 06

 

Location 6     –   Located in the Aberdeen area of Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2028, through March 17th 2029 12

 

ITEM 07

 

Location 7     –   Located in the Aberdeen area of Freetown.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge with period of performance March 18th, 2028, through March 17th 2029 12

 

Location 8     –   Yorfendeh Street, Kambia Town, Kambia District.

 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (4/4Mbps) monthly charge – with period of performance March 18th, 2028, through March 17th 2029 12

 

Requirement 2 – Secondary/Back-up Internet Service

 

Base Period

 Location – 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge – with period of performance March 18th, 2024, through March 17th 2025 12

 

Option Period 1

 Location – 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge – with period of performance March 18th, 2025, through March 17th 2026 12

 

Option Period 2

 Location – 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge – with period of performance March 18th, 2026, through March 17th 2027 12

 

Option Period 3

 Location – 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge – with period of performance March 18th, 2027, through March 17th 2028 12

 

Option Period 4

 Location – 34 Old Railway line Signal Hill, Freetown. 

Item Description Qty Unit Price Total Price
001 Installation 1
002 Equipment 1
003 Dedicated Internet connection (6/6Mbps) monthly charge – with period of performance March 18th, 2028, through March 17th 2029 12

 

Items/Services Included in Total Quoted Price Above but Not Indicated in Chart:

 

Quoted Work or Delivery Schedule (If Any):

 

Quoted Payment Terms:

 

Quoted Warranty Terms (If Any):

 

Quoted Additional Terms and/or Conditions:

 

SUPPLIER AUTHORIZED REPSENTATIVE  

 

Signature:  _______________________________

     

Date: _______________________________

 

Appendix INational Defense Authorization Act (NDAA)

 

As prescribed in 4.2105(a):

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) 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. 

(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)

 

As prescribed in 4.2105(b):

52.204-25 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);

           (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 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)

 

Appendix IISelf-Certification Form Template

 

Dear Sir/Madam,

 

(Company Name) being one of our service providers on (Contract or Agreement) contract to the United States Peace Corps in Freetown, Sierra Leone. We have been pleased with the quality of service we have received from you and we look forward to continuing to do business with you in the future.

 

Pursuant to some regulatory changes that have been enacted in the United States that govern the transport of United States Government data, we need to confirm that (Company Name) does not utilize any equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of those companies; and that your organization does not utilize any video surveillance or telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company or Dahua Technology Company or any subsidiary or affiliate of those companies; in the internal  infrastructure of (Company Name) that transports data between the United States Peace Corps and (Company Name) through our (Contract or Agreement Description) contract together.

 

Please let the Contracting Officer know if your company is, or is not, utilizing equipment from these manufacturers on or before (Receipt Date). We greatly appreciate your prompt response to this inquiry, and we are standing by to discuss the issue with you further if you so desire.