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AWARD - PROVIDE, INSTALL, AND MAINTAIN A 10GB LEASED ACCESS CIRCUIT BETWEEN BLDG 310, ROOM 101, LEC EQUIPMENT ROOM, 310 EAGLE WAY, DOVER AFB, DE 19902-7213/CCI AND PENTAGON, ROOM BC771, 6607 ARMY PENTAGON, WASHINGTON DC 20310-6607 /CCI. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a request for quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83. The provisions that apply to this acquisition are identified in the DITCO Basic Agreements and Section M of the attached document. The associated North American Industrial Classification System (NAICS) code for this procurement is 517311 with a small business size standard of 1500. All quoted prices shall be identified in CLIN 0001 and applicable SLINs 0001AA, 0001AB, etc. as applicable for monthly recurring charges and CLIN 0002 and applicable SLINs 0002AA, 0002AB, etc. as applicable for non-recurring charges. CLIN/SLINs shall include item descriptions, quantities and units of measure. The requested service date and acceptance criteria are outlined in the attached inquiry. The product and service code for this telecommunications requirement is D304. The selected company must comply with the following commercial item terms and conditions, which are incorporated herein by reference and as outlined in existing basic agreements: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications if there is no existing basic agreement; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the selected clauses in paragraph (b) in the existing basic agreement. Quotes are due 9 JUL 21, by 4:00 PM (CST) at DITCO Scott AFB, IL 62225-5406 Point of Contact(s): CATHERINE HAAKE (618) 418-6097, EMAIL: CATHERINE.A.HAAKE.CIV@MAIL.MIL

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ORDER

IQO CONTRACT

FM: PL8211

TO: Cavalier Telephone, L.L.C. - 1LKT5

DATE (MM/DD/YYYY): 7/29/2021

SUBJECT: HC101321PA423

A. TYPE ACTION: START

1. PURPOSE: IN ACCORDANCE WITH INQUIRY HC101321QA364, PROCEED TO PROVIDE,

INSTALL, AND MAINTAIN A 10GB LEASED ACCESS CIRCUIT BETWEEN BLDG 310, ROOM 101,

LEC EQUIPMENT ROOM, 310 EAGLE WAY, DOVER AFB, DE 19902-7213/CCI AND PENTAGON,

ROOM BC771, 6607 ARMY PENTAGON, WASHINGTON DC 20310-6607 /CCI

- SEE UNIQUE INSTALLATION FACTORS

- CUSTOMER REQUESTS AND WILL ACCEPT SOONER IF POSSIBLE

- THE RTD SHALL BE LESS THAN OR EQUAL TO 10 MILLISECONDS

2. THE SERVICE DATE TO BE MET IS: 26 JAN 22 (SIP). THE GOVERNMENT WILL ASSESS

CONSIDERATION IAW STANDARD PROVISION 42 FOR DELAY ON DELIVERY OF CIRCUIT ON

CONTRACTED SERVICE DATE.

3. ESTABLISH TSP: TSP0L1LDV-01

4. SEE ATTACHMENTS AND UNIQUE INSTALLATION FACTORS FOR TECHNICAL

REQUIREMENTS SPECIFIC TO THIS ORDER.

5. CONTRACTOR MUST UPLOAD NOTICE OF COMPLETION IN IDEAS.

6. THIS REQUIREMENT MUST BE WORKED IN CONJUNCTION WITH INQUIRY

#HC101321QA414/TSR# RU10MAY217093 AND MUST BE ENGINEERED AND PROVISIONED

TOTALLY DIVERSE END TO END FROM THE GOVERNMENT SERVICE DELIVERY POINTS

(SDP) FROM TSR INQUIRY #HC101321QA414/TSR#RU10MAY217093, MEANING THE PHYSICAL

PATHS ARE TOTALLY SEPARATE INCLUDING MAN HOLES, CONDUIT, CENTRAL OFFICE

LOCATIONS, AND FIBER BUILDS. ADDITIONALLY AS A MINIMUM MUST HAVE 50 METERS

PHYSICAL SEPARATION FROM INQUIRY #HC101321QA414/TSR#RU10MAY217093.

If there are more than two locations, their information will be found in Attachment B to this Order.

B. ALLA NUMBER:

C. TSP AUTHORIZATION CODE: TSP0L1LDV-01

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 1/26/2022

HC101321PA423 / CTLL000255EBM

F. TYPE OF CIRCUIT/BANDWIDTH/DATA RATE: 10 Gigabit

G. LOCATION OF TERMINATION A:

1. ADDRESS: 310, 310 EAGLE WAY, DOVER AFB, DE 19902-7213

2. ROOM: 101

H. LOCAL PART A:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: All facilities between vendor's commercial communications interface point and termination location shall be provided by vendor. All cables shall be run in accordance with local site standards

2. INTERFACE: 10GBASE-LR; PHYSICAL: SC CONNECTOR

3. DEMARK: BLDG 310, ROOM 101, 310 EAGLE WAY, DOVER AFB, DE 19902-7213

4. NPA/NXX: 302/677

5. UNIQUE INSTALLATION FACTORS: (1) FIBER CABLE X-CONNECT, IN-HOUSE, INSIDE

WIRE, SINGLE-MODE, 1310NM, TELCO

(2) COMMERCIAL FIBER POINT OF PRESENCE

AMPLIFYING INFO:

A. VENDOR IS RESPONSIBLE FOR INSTALLATION AND MAINTENANCE OF SINGLE MODE

FIBER FROM LINE SIDE OF DISA IE1 PROVIDED FIBER TERMINATING PATCH PANEL

INSTALLED IN JUNIPER MX-240 ROUTER SUITE (UJEWDOV030) BLDG 310, ROOM 101 TO

DROP SIDE OF COMMERCIAL FIBER POINT OF PRESENCE FIBER DISTRIBUTION PANEL

BLDG 310, ROOM 101. COORDINATE TYPE CONNECTORS FOR TERMINATION TO DISA

PROVIDED PATCH PANEL.

B. VENDOR MUST COORDINATE WITH GOVERNMENT SITE PERSONNEL TO CONDUCT

WALK THROUGH SITE SURVEY FOR EXACT CABLE FT. FROM DISA PROVIDED FIBER

TERMINATING PATCH PANEL INSTALLED IN JUNIPER ROUTER SUITE BLDG 310, ROOM 101

TO THE COMMERCIAL FIBER POINT OF PRESENCE BLDG 310, ROOM 101.

C. VENDOR MUST PROVIDE FIBER STRANDS FROM DISA PROVIDED FIBER PATCH PANEL

INSTALLED IN JUNIPER ROUTER TO THE COMMERCIAL DEMARC LOCATION WITHOUT

SPLICING AND OR USE OF CONNECTORS TO CONNECT 2 OR MORE FIBER STRANDS

MEANING THE FIBER CANNOT BE BROKEN IN THE MIDDLE AND MUST BE CONTINUOUS.

D. VENDOR MUST SCHEDULE/COORDINATE WITH POC'S LISTED ON THIS ORDER 72 HOURS

IN ADVANCE PRIOR TO SITE SURVEYS OR INSTALLATIONS.

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: CPIWI-YES/CPIWM-YES

7. CONTACT: PRI: A1C JEFFREY BAILEY-OQELI, D445-3860, C302-677-3860

EMAIL: JEFFREY.BAILEY_OQELI@US.AF.MIL

ALT: SSGT DAVID MINZER, D445-3860, C302-677-3860

EMAIL: DAVID.MINZER@US.AF.MIL

ALT: 24 HOUR CONTACT, D445-2666, C302-677-2666, CELL

C302-399-1825

EMAIL: 436CS.SCOS.COMMFOCALPOINT@US.AF.MIL

I. TERMINATION EQUIPMENT A: COMMERCIAL DEMARK (CUSTOMER PROVIDED)

J. LOCATION OF TERMINATION B:

1. ADDRESS: PENTAGON, 6607 ARMY PENTAGON, WASHINGTON DC 20310-6607

2. ROOM: BC771

K. LOCAL PART B:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: All facilities between vendor's commercial communications interface point and termination location shall be provided by vendor. All cables shall be run in accordance with local site standards

2. INTERFACE: ELECTRICAL: 10GBASE-LR; PHYSICAL: SC CONNECTOR

(CUSTOMERPROVIDED)

3. DEMARK: PENTAGON, ROOM BC771, 6607 ARMY PENTAGON, WASHINGTON DC

20310-6607 KNOWN TO CENTURY LINK AS 6606 ARMY NAVY DRIVE,

ARLINGTON, VA 22202

4. NPA/NXX: 703/695

5. UNIQUE INSTALLATION FACTORS: (1) COMMERCIAL FIBER POINT OF PRESENCE

(2) FIBER CABLE X-CONNECT, IN-HOUSE, INSIDE WIRE, SINGLE-MODE, 1310NM, TELCO

AMPLIFYING INFO:

A. VENDOR IS RESPONSIBLE FOR INSTALLATION AND MAINTENANCE OF SINGLE MODE

FIBER FROM THE DROP SIDE OF COMMERCIAL FIBER POINT OF PRESENCE FIBER

DISTRIBUTION PANEL BLDG PENTAGON, ROOM BC771 TO LINE SIDE OF DISA IE1 PROVIDED

FIBER TERMINATING PATCH PANEL INSTALLED IN CISCO ASR-9010 ROUTER SUITE

(UJEWPNT030) BLDG PENTAGON, ROOM BC771. TERMINATE WITH "SC" CONNECTORS TO

DISA PROVIDED FIBER TERMINATING PATCH PANEL.

B. VENDOR MUST PROVIDE FIBER STRANDS FROM THE DISA PROVIDED FIBER PATCH

PANEL TO THE DROP SIDE OF THEIR POP/FIBER DISTRIBUTION PANEL WITHOUT SPLICING

AND OR USE OF CONNECTORS TO CONNECT 2 OR MORE FIBER STRANDS MEANING THE

FIBER CANNOT BE BROKEN IN THE MIDDLE AND MUST BE CONTINUOUS.

C. CIRCUIT MUST BE TAGGED WITH VENDOR'S LONG HAUL CIRCUIT ID AND LOCAL

EXCHANGE CARRIER CIRCUIT NO. AS APPLICABLE AT DROP SIDE OF THEIR POINT OF

PRESENCE (FIBER DISTRIBUTION PANEL) BLDG PENTAGON, ROOM BC771. ADDITIONALLY,

VENDOR MUST SHOW SITE PERSONNEL LISTED ON THIS ORDER THE EXACT TERMINATION

POINT WHEN CIRCUIT INSTALLATION IS COMPLETE.

D. VENDOR MUST SCHEDULE/COORDINATE WITH POC'S LISTED ON THIS ORDER 72 HOURS

IN ADVANCE PRIOR TO SITE SURVEYS OR INSTALLATIONS.

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: CPIWI-YES/CPIWM-YES

7. CONTACT: PRI: CIRCUIT ACTIONS

D225-6010/D222-0191, C703-695-6010/C703-692-0191

SHIFT SUPERVISOR

D225-7014, C703-695-7014

L. TERMINATION EQUIPMENT B: COMMERCIAL DEMARK (CUSTOMER PROVIDED)

M. ADDITIONAL INFORMATION:

1. CSA NUMBER: CTLL000255EBM

2. BASIC AGREEMENT NUMBER: HC101321H0007

3. TSR NUMBER: RU10MAY217097

4. CCSD: DIR3BRJ5

5. DIVERSITY REQUIREMENTS: RU10MAY217093/DIR3BNJ5

6. LOCATIONS TO BE AVOIDED: N/A

7. TRANSMISSION MEDIA TO BE AVOIDED: N/A

8. NETWORKS TO BE AVOIDED: N/A

9. CIRCUIT PARAMETERS: SEE ATTACHMENT 1

10. TESTING REQUIREMENTS: SEE ATTACHMENT 1

11. GOVERNMENT ACCEPTANCE ACTIVITY: DISA GOC IP B/D312-770-8627,C618-220-8627

12. SECURITY REQUIREMENTS: VENDOR MUST CONTACT SITE POC AT LEAST 72 HOURS

PRIOR TO ANY SITE VISIT OR INSTALLATION.

13. SITE ACCESS REQUIREMENTS: VENDOR MUST CONTACT SITE POC AT LEAST 72

HOURS PRIOR TO ANY SITE VISIT OR INSTALLATION.

14. STANDARD PROVISIONS: Incorporated in full text below

15. CHARGES: See Attachment

16. DITCO FUND CITE: 97X4930.5F20 000 C1013 0 068142 2F 233003

17. EXPIRATION DATE: Telecommunications service provided under this contract will continue until 28 JUL 26, unless sooner discontinued.

18. SIMULTANEOUS ACTION TSR NUMBER:

N. ADDRESS FOR SUBMISSION OF INVOICES: DFAS COLUMBUS (JAQEBB), P.O. BOX 182317,

COLUMBUS, OHIO, 43218-2317

Z. DITCO CONTACT:

Steven Payne

618-418-6853 steven.g.payne.civ@mail.mil

KEVIN L. KNOWLES

DITCO Contracting Officer

(618)418-6527 kevin.l.knowles4.civ@mail.mil

Attachment A - CLINs and Charges

Currency: USD

CLIN/SLIN Item # Description Qty Unit NRC MRC EXT Price PoP From PoP To Location

0001 MRC 1/26/2022 7/28/2026 PENTAG

ON;

BCC; 11

0001AA MONTHLY

RECURRING

CHARGE

1 EA $3,597.00 $3597.00 1/26/2022 7/28/2026 PENTAG

ON;

BCC; 11

Total EXT MRC: $3597.00 for POP from 1/26/2022 to 7/28/2026

Total EXT NRC: $0.00

Section G - Contract Administration Data

Included Clauses

G1 - Points of Contact - JUL 2018 Contracting Officer

Name: KEVIN KNOWLES

Organization/Office Symbol: DITCO/PL8211

Phone No.: 618-418-6527

E-Mail Address: KEVIN.L.KNOWLES4.CIV@MAIL.MIL

Contract Specialist

Name: STEVEN PAYNE

Organization/Office Symbol: DITCO/PL8211

Phone No.: 618-418-6853

E-Mail Address: STEVEN.G.PAYNE.CIV@MAIL.MIL

COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) Name:

Organization/Office Symbol: Phone No.:

E-Mail Address:

Contractor Point of Contact Contractor Legal Business Name: CAVALIER TELEPHONE, L.L.C.

DUNS: 049007359

CAGE CODE: 1LKT5

Contractor POC: SHADEN SHORROSH

E-Mail Address: Phone Number: Fax Number: 571-323-4012 / SHADEN.SHORROSH@WINDSTREAM.COM

(End of text)

Standard Provisions

252.204-7016 - Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation - DEC 2019

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(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 defense telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [ X ] does not provide covered defense 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.

(End of provision)

252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation - DEC 2019 The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at

252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it "does not provide covered defense 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."

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it "does" provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [X ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer;

product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services - JAN 2021

(a) Definitions. As used in this clause--

Covered defense 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) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

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).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense 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, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; 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 30 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 a covered defense 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), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-24 - Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment - OCT 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 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 Items. 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.

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)

52.204-26 - Covered Telecommunications Equipment or Services-Representation - OCT

(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, [ X] 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.

STANDARD PROVISION - 02 - UNDERSTANDING OF DITCO IQO ACQUISITION

DESKBOOK - APR 2019

Contractor/Telecommunications Provider (TP) acknowledges it has read and understands the current published "DITCO

Inquiry/Quote/Order (IQO) Acquisition Deskbook" version 7.1 available from the Integrated Defense Enterprise Acquisition

System (IDEAS) Contractor web site https://depsland.csd.disa.mil/html/vendor/vendorreference.html. Contractor agrees that the most recent Standard Provisions as set forth in this order take precedent over any conflicting terms and conditions in the BA.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND."

STANDARD PROVISION - 27 - APPROVALS AND PERMITS - AUG 2017

Contractor/Telecommunications Provider (TP) receiving this contract shall be responsible for having or obtaining all approvals and permits necessary to provide this service. The requirement that the TP obtain all approvals and permits is a contract administration issue. Inability of Contractor/TP to obtain any such approval or permit shall not be a valid basis for not meeting service date or providing service. Failure of a Contractor/TP to obtain any approval or permit necessary to provide this service may result in termination of this contract by U.S. Government for default at no cost to U.S. Government and/or receipt of a negative past performance rating.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND/WILL COMPLY.

STANDARD PROVISION - 30 - CONTRACT PERIOD - AUG 2017

This telecommunications service contract shall continue on a month to month basis with a not to exceed date of 28 JUL 26.

After this period the contract will be considered expired with no authority for service to continue unless mutually agreeable by both parties. Should service continue through the end of this contract period, no modification will be issued to authorize discontinuance of service. The minimum service period shall be one month. Accordingly the U.S. Government may discontinue service, at no additional cost to U.S. Government. U.S. Government will provide Contractor/Telecommunications Provider (TP)

30 days notice prior to discontinuing service before the not to exceed period. Contractors shall consider the ability of the

Government to discontinue service with 30 days notice when determining the reasonableness of incurring any costs. See

DFARS 252.239-7007, Cancellation Or Termination Of Orders.

Quotes that do not accept the minimum one month service period may be excluded from the competition and found unacceptable. In the event U.S. Government is unable to obtain quotes that meet this minimum service period, U.S.

Government may consider quotes with a minimum service period greater than one month.

The Government reserves the right to re-solicit these contracted services prior to the end of the not to exceed contract period when commercial market pricing demonstrates these services become available at lower prices.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: "UNDERSTAND/WILL COMPLY."

STANDARD PROVISION - 33 - COMPLETION NOTICE - AUG 2017

Contractor/Telecommunications Provider (TP) shall provide a completion notice to DITCO within 72 hours of delivering service to

U.S. Government acceptance activity. The customer then has an additional 72 hours to notify DITCO if they disagree that the service is complete. A completion notice must include following information: (1) Contract PIID number; (2) DITCO CSA number,

(3) DITCO TSR number, (4) type of action, (5) contracted service date, (6) date service was delivered to and accepted by U.S.

Government acceptance activity; (7) commercial circuit identifier or phone number; (8) Contractor's/TP's trouble reporting number; (9) Contractor bill cycle end date; (10) a listing of any equipment installed on government premises by location and any deviations from service ordered; (11) name, phone number, and e-mail address U.S. Government representative (non-DITCO) that accepted service; and (12) Contractor/TP POC name, phone number, and e-mail address; (13) Local Exchange Company

(LEC) circuit identification (ID) number(s). Unless deviations are identified, completion notice will serve as Contractor/TP's confirmation that service was provided in accordance with contract. A follow-up completion notice will be required when deviations are cleared. Failure of Contractor/TP to provide completion notice may result in delay in invoice payment. DITCO's preferred method of receiving a completion notice is via Integrated Defense Enterprise Acquisition System (IDEAS). However, Contractors/TPs not authorized to obtain a PKI certificate may submit their completion notice via email to the applicable following address that issued the inquiry:

DITCO-Scott (IQO Section) disa.scott.ditco.mbx.pl8211@mail.mil

DITCO-Scott (PL8212 Section) disa.scott.ditco.mbx.pl8212@mail.mil

DITCO-Pacific (Ford Is Office) disa.jbphh.ditco.mbx.iqo@mail.mil

DITCO-Pacific (Alaska Office) disa.jber.ditco.other.ditcoako@mail.mil

DITCO-Europe (Stuttgart Office) disa.stuttgart.ditco.mbx.pl511@mail.mil

DITCO-Europe (SWA Bahrain Office) disa.stuttgart.ditco.mbx.pl52@mail.mil

ACCEPTABLE CONTRACTOR/TELECOMMUNICATION PROVIDER (TP) RESPONSE: "UNDERSTAND/WILL COMPLY."

STANDARD PROVISION - 37 - JEOPARDY NOTICE - AUG 2017

Contractor/Telecommunications Provider (TP) shall immediately provide a Jeopardy Notice via Integrated Defense Enterprise

Acquisition System (IDEAS) prior to the contracted service date as soon as Contractor/TP becomes aware contract service date may not be or cannot be met. A Jeopardy Notice must include following information: (1) Contract PIID number; (2) DITCO CSA number; (3) TSR number; (4) contracted service date; (5) explanation of why contracted service date may not be or cannot be met; (6) revised service date requested; and (7) name, phone number, and email address of Contractor/TP representative that can be contacted for any questions concerning the Jeopardy Notice. DITCO's preferred method of receiving a jeopardy notice is via Integrated Defense Enterprise Acquisition System (IDEAS). However, Contractors/TPs not authorized to obtain a PKI certificate may submit their jeopardy notice via email to the applicable following address that issued the inquiry:

DITCO-Scott (IQO Section) disa.scott.ditco.mbx.pl8211@mail.mil

DITCO-Scott (PL8212 Section) disa.scott.ditco.mbx.pl8212@mail.mil

DITCO-Pacific (Ford Is Office) disa.jbphh.ditco.mbx.iqo@mail.mil

DITCO-Pacific (Alaska Office) disa.jber.ditco.other.ditcoako@mail.mil

DITCO-Europe (Stuttgart Office) disa.stuttgart.ditco.mbx.pl511@mail.mil

DITCO-Europe (SWA Bahrain Office) disa.stuttgart.ditco.mbx.pl52@mail.mil

DISA's acknowledgement of the Contractor/TP's representation of delayed performance is not an explicit or implicit acceptance of the performance delay nor is it a waiver of any rights or remedies allowed under the contract, the FAR, or applicable case law.

Moreover, it is not an acknowledgment that DISA is responsible for any part of the Contractor/TP's delayed performance.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATION PROVIDER (TP) RESPONSE: "UNDERSTAND/WILL COMPLY."

STANDARD PROVISION - 38 - STATUS REPORT (monthly) - AUG 2017 Due to the criticality of this telecommunications service, Contractor/Telecommunications Provider (TP) shall provide an updated status report to DITCO contracting officer monthly. Status report shall include (1) Contract PIID number; (2) DITCO CSA number, (3) TSR number, (4) contracted service date, (5) explanation of current status of telecommunications service installation and how current status provides assurance that contracted service date will be met, and (6) name, phone number, and e-mail address of Contractor/TP representative to contact for any questions concerning the status report.

STANDARD PROVISION - 41 - SCHEDULED OUTAGES - AUG 2017

To ensure this service is available to support U.S. Government requirements, Contractor/Telecommunications Provider (TP) shall utilize alternate or spare facilities whenever possible to eliminate or minimize service interruptions. However, when a scheduled service interruption cannot be avoided, Contractor/TP shall obtain the approval of appropriate approval authority before initiating any scheduled outage. To obtain such approval, a written "circuit release request" must be submitted to appropriate approval authority at least 21 calendar days prior to requested circuit release date.

When an interruption of service is required to correct hazardous or degraded conditions, a 48-hour prior notification is required, if practicable. Contractor/TP shall notify the U.S. Government service acceptance activity as soon as it is known that a service interruption will occur. The request from Contractor/TP must include the same information as identified below, and additionally, identify the hazardous or degraded conditions that exist which preclude providing the U.S. Government with 21-day advance notice.

In emergency situations, when loss of life or property might occur through lack of immediate action, Contractor/TP must make every reasonable attempt to notify the U.S. Government service acceptance activity identified on the CSA immediately, and coordinate arrangements for the service interruption to the maximum extent possible. Within five business days of the interruption, Contractor/TP must submit the same information as identified below, and additionally, identify the emergency conditions that existed which precluded providing the U.S. Government with 21-day advance notice.

"Circuit Release Request" must include following information: (1) Contractor/TP requesting circuit release, and name and phone number of Contractor/TP representative responsible for managing circuit release; (2) Contract PIID number; (3) DITCO CSA number of circuit for which release is being requested; (4) date and inclusive times of scheduled circuit release, along with an alternate circuit release date and time; (5) purpose of scheduled circuit release; (6) statement indicating all equipment, parts, and/or supplies required to complete action are on-hand, or their expected delivery date; (7) statement indicating that all avenues of bypass capability (e.g., alternate facilities, spare facilities, etc.) Have been considered; and (8) estimated maximum recovery time to restore circuit. The authority for approving circuit releases for this service is U.S. Government CCO/CMO.

Failure of Contractor/TP to obtain an approved circuit release prior to initiating a scheduled outage may result in U.S.

Government termination of this contract for default at no cost to U.S. Government and/or receipt of a negative past performance rating.

STANDARD PROVISION - 42 - CONSIDERATION - AUG 2015

Upon Contractor/telecommunications Provider (TP) caused failure to provide telecommunications service by the specified date in the contract, failure to make progress as to endanger performance by that date, or failure to comply with any contract terms or conditions; U.S. Government may cancel or terminate this contract pursuant to contract clause DFARS 252.239-7007 at no cost to the Government. However, U.S. Government may elect to waive its right to cancel or terminate and request Contractor/TP to provide consideration to U.S. Government in lieu thereof. Consideration will be negotiated on a case-by-case basis. If

Contractor/TP fails to meet the service date or comply with any contract terms or conditions and U.S. Government elects to request consideration, Contractor/TP hereby agrees to negotiate in good faith and provide such consideration. Quotes, which fail to accept this standard provision, may be excluded from consideration for award.

ACCEPTABLE CONTRACTOR/TELECOMMUNICATIONS PROVIDER (TP) RESPONSE: “UNDERSTAND/WILL COMPLY.”

STANDARD PROVISION - 44 - SYSTEM FOR AWARD MANAGEMENT REGISTRATION -

MAR 2014

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or

Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor's CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective Contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations ,…

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