Silica Wafers
30 Aug 22: Amendment 1: The purpose of Amendment 1 is to update the offer due date to 4:00PM MDT 7 September 2022 and the Point of Contact to Daniel Kent, daniel.kent@nist.gov. THIS IS A COMBINED SYNO... 30 Aug 22: Amendment 1: The purpose of Amendment 1 is to update the offer due date to 4:00PM MDT 7 September 2022 and the Point of Contact to Daniel Kent, daniel.kent@nist.gov. THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN SUBPART 12.6 STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR COMMERCIAL ITEMS, AS SUPPLEMENTED WITH ADDITIONAL INFORMATION IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. This solicitation is a Request for Quote RFQ. RFQ number is NB672010-22-02464. This is a combined synopsis solicitation conducted under FAR 12.6 and 13.5 and procedures from FAR 15 will not be used. This synopsis/solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2022-06 dated 5/01/2022. The associated North American Industrial Classification System (NAICS) code for this procurement is 334419 Other Electronic Component Manufacturing, which has a size standard of 750 Employees. This combined synopsis/solicitation is a 100% Total Small Business set-aside. Defense Priorities and Allocations Systems (DPAS) and assigned rating is not applicable to this request for quote (RFQ). Offerors must submit all questions concerning this solicitation in writing, via email, to the Contract Specialist, Daniel Kent at daniel.kent@nist.gov. Questions should be received no later than five (5) calendar days after the issuance date of this solicitation. All responses to the questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, the question responses included in the amendment to the solicitation will govern performance of the contract. Background/Scope: The National Institute of Standards and Technology (NIST) Communications Technology Laboratory (CTL) has a requirement for Silica Wafers. NIST is developing a standard reference for dielectric constant and loss tangent for 5G and 6G communications technology. NIST requires Free-Standing Ultralow Total Thickness Variation High Purity Fused Silica Wafers and Ultrathin High Purity Fused Silica with a Buried Au (Gold) Ground Plane on a High Purity Fused Silica Handle Wafers. These silica wafers shall be provided in accordance with the Requirements/Specifications document attached herein. All offerors shall provide a firm fixed price (FFP) quotation for the following line item: (All equipment must be new. Used, refurbished, prototype, or remanufactured will not be considered for award). Contract Line Item Number (CLIN) QTY UNIT UNIT PRICE APPLICABLE DISCOUNTS TOTAL CLIN 0001 – Free-Standing Ultralow Total Thickness Variation High Purity Fused Silica Wafer in accordance with the NIST Specifications Document attached herein. CLIN 0002 –Ultrathin High Purity Fused Silica with a Buried Au (Gold) Ground Plane on a High Purity Fused Silica Handle Wafer in accordance with the NIST Specifications Document attached herein. Minimum Requirements The system shall meet or exceed the minimum requirements identified below. All line items shall be shipped in the original manufacturer’s packaging and include all original documentation and software, when applicable. CLIN 0001: Quantity of eight (8) Free-Standing Ultralow Total Thickness Variation High Purity Fused Silica Wafer which meets or exceeds the minimum requirements identified below: Free-standing ultralow total thickness variation high purity fused silica must be 149 mm in diameter and 0.15 mm in thickness Thickness tolerance wafer to wafer must be 0.05 mm and the total thickness variation of a single wafer must be better than 200 nm Roughness of a single wafer must be less than 1 nm CLIN 0002: Quantity of five (5) Ultrathin High Purity Fused Silica with a Buried Au (Gold) Ground Plane on a High Purity Fused Silica Handle Wafer which meets or exceeds the minimum requirements identified below: Ultrathin high purity fused silica wafers must include an ultrathin high purity fused silica layer, a gold layer, and a fused silica handle layer Ultrathin layer must be 99 mm in diameter Ultrathin layer must be 7.5 micrometers in thickness Gold layer must be 300 nm thick Handle wafer must be 0.5 mm thick and 100 mm in diameter Total thickness variation of the ultrathin layer must be less than 500 nm Inspection and Acceptance In addition to the inspection and acceptance terms articulated in 52.212-4, the Government reserves the right to perform such performance tests and evaluations as defined below to verify specified system performance. Such tests and evaluations, if performed, shall be conducted within the environment that the system is to be operated. The Contractor has the right to be present during the tests and evaluations, if performed, at the Contractor’s expense. Inspection and acceptance shall occur within thirty (30) business days after receipt of the Silica Wafers at NIST. A visual inspection of the silica wafers will be performed by the NIST TPOC to identify surface defects or any form of indication that the silica wafers were damaged during transport to NIST. The Government shall have sole discretion to require repair or replacement of damaged and/or nonconforming supplies at no cost to the Government. The Government at any time prior to acceptance shall reject any of the silica wafers due to defects and/or nonconformance. The vendor is responsible for latent defects discovered any time after final inspection. The place of acceptance shall be: NIST: Shipping/Receiving 325 Broadway Boulder, CO 80305 Ownership (title) of the Silica Wafers shall transfer to NIST upon acceptance. Delivery Delivery shall be FOB DESTINATION and shall occur not later than (NLT) 30 days ARO. Delivery shall be FOB destination and shall occur within the vendor’s standard commercial lead time. FOB Destination means: The contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for any loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery. The contractor shall deliver all Line Items (in accordance with the specifications document) to: The National Institute of Standards and Technology 325 Broadway Boulder, CO 80305 Warranty The contractor shall warrant the entire system in accordance with the Specifications/Requirements document attached herein. Warranty shall commence after receipt and acceptance of the equipment and shall be in accordance with terms in FAR 52.212-4 Payment Schedule The Contractor shall be paid, in accordance with Net 30-day payment terms, upon receipt and acceptance of a proper invoice, in accordance with the following schedule: 100% after receipt and acceptance by the TPOC of fully delivered system. The Government anticipates inspection will occur upon: After the inspection/acceptance procedures set forth in this document have been complete NOTE: Partial shipments and partial invoices will not be accepted, unless otherwise requested and accepted by the Contracting Officer prior to award offer. Proposed payment schedules shall be submitted with vendor’s response to the RFQ for consideration. 52.212-1, Instructions to Offerors – Commercial Items (oct 2016) And the attached addendum, applies to this acquisition. The provision at 52.212-2, Evaluation—Commercial Items, as modified applies to this acquisition. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications—Commercial Items, with its offer. Offerors shall have an active registration at www.sam.gov . The clause at 52.212-4, Contract Terms and Conditions—Commercial items, applies to this acquisition. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition as noted in the attached. The following addenda has been attached to this provision: FAR 52.212-1, INSTRUCTION TO OFFERORS-COMMERCIAL ITEMS Instructions: Offerors shall submit their quotations so that NIST receives them not later than 4:00 PM MDT on 9/7/2022 FAX quotations shall not be accepted. E-mail quotations shall be accepted at daniel.kent@nist.gov. Please reference the RFQ number in the subject line of email communications and packages mailed. Offerors’ quotations shall not be deemed received by the Government until the quotation is entered in the e-mail box set forth above. Quotation Submission Requirements: 1). Price Quotation: The offeror shall submit a one (1) original copy of the completed price quotation electronically to daniel.kent@nist.gov. Pricing quotation shall be separate from any other portion of the quotation. The offeror shall provide a firm-fixed-price, FOB Destination is required, for each CLIN. Price quotations shall remain valid for a period of 90 days from the date quotations are due. 2). Technical Quotation: The technical quotation shall address the following: Technical Capability: The offeror shall submit a technical description, product literature, and/or drawings for the system it is proposing, which clearly identifies each requirement listed above. The offeror must demonstrate that its proposed system meets or exceeds each minimum requirement described above, by providing a citation to the relevant section of its technical description or product literature. The contractor must not simply state they will meet the requirement; evidence must be provided. If applicable, evidence that the Offeror is authorized by the original provider to provide the item(s) in the quotation should be included. 3). Acceptance of RFQ terms and conditions: This is an open-market solicitation for equipment as defined herein. The Government intends to award a Purchase Order as a result of this solicitation that will include the clauses set forth herein. The quotation should include one of the following statements: “The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.” OR “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following: Offeror shall list exception(s) and rationale for the exception(s) Note: This procurement is not being conducted under the GSA Federal Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation. 4). The Unique Entity Identifier (UEI number) for the quoter’s active System for Award Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award. 5). Quoters shall include a completed copy of the below provisions, “Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015)” and “Free Trade Agreements Certificate” with their quotation. FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS (Oct 2014) The specific evaluation criteria to be included in paragraph (a) of that provision are as follows: The Government intends to award a single purchase order (PO) from this solicitation utilizing simplified acquisitions procedures in accordance with FAR part 13. The Government reserves the right not to award a PO and to make an award without discussions based solely upon initial quotes. EVALUATION CRITERIA: An award shall be made to the offeror whose quotation is deemed to be the best value to the Government. The Government will evaluate quotations based on the following evaluation criteria: 1) Technical Capability and 2) Price. 1. Technical Capability: Evaluation of technical capability shall be based on the information provided in the quotation. NIST will evaluate whether the offeror has demonstrated that its proposed equipment meets or exceeds all technical specifications. Quotations that do not demonstrate the proposed equipment meets all requirements will not be considered further for award. If an offeror does not indicate whether its proposed equipment meets a certain minimum requirement, NIST will determine that it does not. 2. Price: Price will be evaluated for reasonableness. The Government will not conduct price realism as a part of price evaluation. PROVISIONS AND CLAUSES: The following provisions and clauses apply to this acquisition. Those incorporated by reference may be found at the following: All Federal Acquisition Regulation (FAR) clauses may be viewed at: https://www.acquisition.gov/browse/index/far . All Commerce Acquisition Regulation (CAR) clauses and provisions can be accessed at: https://www.acquisition.gov/car . Provisions In accordance with FAR 52.204-7, the awardee must be registered in the system for award management (www.sam.gov) prior to award. Refusal to register shall forfeit award. * 52.204-13 -- System for Award Management Maintenance (Oct 2018) 52.204-18 -- Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-16 -- Commercial and Entity Code Reporting (Aug 2020) (a) Definition. As used in this provision – Commercial and Government Entity (CAGE) code means– (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. (b) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its proposal. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award. (c) CAGE codes may be obtained via– (1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision). (2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the Offeror does not otherwise register in SAM, an Offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil. (3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm. (d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil. (e) When a CAGE code is required for the immediate owner and/or the highest-level owner by Federal Acquisition Regulation (FAR) 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE code from that entity to supply the CAGE code to the Government. (f) Do not delay submission of the offer pending receipt of a CAGE code. (g) If the solicitation includes FAR clause 52.204-2, Security Requirements, a subcontractor requiring access to classified information under a contract shall be identified with a CAGE code on the DD Form 254. The Contractor shall require a subcontractor requiring access to classified information to provide its CAGE code with its name and location address or otherwise include it prominently in the proposal. Each location of subcontractor performance listed on the DD Form 254 is required to reflect a corresponding unique CAGE code for each listed location unless the work is being performed at a Government facility, in which case the agency location code shall be used. The CAGE code must be for that name and location address. Insert the word "CAGE" before the number. The CAGE code is required prior to award. (End of provision) 52.204-24 -- 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) 52.204-26 -- Covered Telecommunications Equipment or Services-Representation Covered Telecommunications Equipment or Services-Representation (Oct 2020) (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (c) (1) Representation. The Offeror represents that it ? does, ? does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (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 any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) 52.212-3 Offeror Representations and Certifications -- Commercial Items (Feb 2021) The Offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www/sam/gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III (FEB 2021) CLAUSES: 52.204-13 – System for Award Management Maintenance. (Oct 2018) 52.212-4 – Contract Terms and Conditions-Commercial Items (Oct 2018) 52.232-40 – Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Jan 2021) -52.204-10 – Clause Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) -52.209-6 – Protecting the Government’s interest When Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (Jun 2020) (31 U.S.C. 6101 note). -52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637 (d) (2) and (3)) -52.219-28 – Post Award Small Business Program Representation (Nov 2020) (15 U.S.C. 632(a)(2)). -(ii) Alternate I (Mar 2020) of 52.219-28 -52.222-3, Convict Labor (Jun 2002) (E.O. 11755). -52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O 13126). -52.222-21, Prohibition of Segregated Facilities (Apr 2015) -52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246) -52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212) -52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793) -52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) -52.222-50, Combatting Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627) -52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020)(E.O.13513) -52.225-1, Buy American-Supplies (JAN 2021) -52.225-2, Buy American Certificate (FEB 2021) -52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act--Alternate II (JAN 2021) -52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553) -52.233-4, Applicable Law for Breach of Contract Claim -52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Oct 2018) (31 U.S.C. 3332) -52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) (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 ...
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