52.204-24 Representation Regarding Certain

Telecommunications and Video Surveillance

Services or Equipment.

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (Nov 2021)

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 paragraph (c)(1) in the provision at 52.204-26,

Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of

the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or

Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this

provision if the Offeror has represented that it "does not use covered telecommunications equipment

or services, or any equipment, system, or service that uses covered telecommunications equipment

or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the

provision at 52.212-3.

(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)

Parent topic: 52.204 [Reserved]