Prohibition on Certain Telecommunications and Video. Surveillance Services or Equipment ATTACHMENT 1 Task Description Document (TDD) ATTACHMENT 2 Report Requirements ATTACHMENT 3 Schedule of Milestones and Payments ATTACHMENT 4 Funding Schedule ARTICLE I: SCOPE OF THE AGREEMENT
Prohibition on Certain Telecommunications and Video. SURVEILLANCE SERVICES OR EQUIPMENT
Prohibition on Certain Telecommunications and Video. Surveillance Services or Equipment In conformance with Federal law, the County must comply with 2 CFR 200.216 prohibiting purchase of certain telecommunications equipment or services with federal funds.
Prohibition on Certain Telecommunications and Video. Surveillance Services or Equipment (2 CFR § 200.216).
a. Pursuant to 2 CFR §200.216, MassCEC is prohibited from using FRF funds to procure, obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
b. As described in Public Law 115-232, section 889, “Covered telecommunications equipment or services” is:
i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
ii. 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);
iii. Telecommunications or video surveillance services provided by such entities or using such equipment; and
iv. 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.
c. The Contractor agrees that it shall not provide covered telecommunications equipment or services in the performance of this Contract.
d. A compilation of prohibited telecommunications and video surveillance equipment and services entities may be found in the System for Award Management (XXX) excluded parties list.
Prohibition on Certain Telecommunications and Video. SURVEILLANCE SERVICES OR EQUIPMENT (EFFECTIVE AUGUST 13, 2020)
a) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
b) 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).
c) Telecommunications or video surveillance services provided by such entities or using such equipment.
d) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the 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. The Act does not prohibit:
a) Procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements.
b) 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
Prohibition on Certain Telecommunications and Video. SURVEILLANCE SERVICES OR EQUIPMENTSOURCE ( 2 CFR § 200, Appendix II(K), 2 CFR § 200.216)
Prohibition on Certain Telecommunications and Video. SURVEILLANCE SERVICES OR EQUIPTMENT The following clauses are incorporated by reference, as if fully set forth herein, and apply to the extent indicated therein: 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, DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation, DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, and DFARS 252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and Services. If the Seller is notified of any prohibited activity, by a supplier at any source, Seller will report this in writing to Sierra Space Procurement Compliance at XxxxxxxxxxxXxxxxxxxxx@xxxxxxxxxxx.xxx. Within one (1) business day from the date of notification, Seller will provide:
1) Purchase Order number and any related release order number(s), if applicable;
2) Supplier name, unique entity identifier (if known), and supplier CAGE code (if known);
3) Brand; model number OEM number, manufacturer part number, or wholesaler number;
4) Item description; and
5) Any readily available information about mitigation actions taken or recommended. Within ten (10) business days of submitting the report:
1) Any further available information about mitigation actions taken or recommended in this instance;
2) Description of the efforts Seller took to prevent use of covered telecommunications or video surveillance equipment or services from the People’s Republic of China and the Russian Federation; and
3) Any additional efforts which Seller will make to prevent future use.
Prohibition on Certain Telecommunications and Video. SURVEILLANCE SERVICES OR EQUIPMENT (2 CFR 200.216) Instruction for Certification
1. By signing and submitting this Attachment, the prospective lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,...
Prohibition on Certain Telecommunications and Video. SURVEILLANCE SERVICES OR EQUIPMENT. The cooperator (including subrecipients) is responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR
(1) procure or obtain, extend or renew a contract to procure or obtain;
(2) enter into a contract (or extend or renew a contract) to procure; or
(3) obtain the equipment, services or systems.
Prohibition on Certain Telecommunications and Video. Surveillance Services or Equipment
(a) Procure or obtain;
(b) Extend or renew a contract to procure or obtain; or
(c) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems 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. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
i. 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).
ii. Telecommunications or video surveillance services provided by such entities or using such equipment.
iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the 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.
