SF1449_SPE8E421D0002 Redacted.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

1000093373

2. CONTRACT NO.

SPE8E4-21-D-0002

7. FOR SOLICITATION

INFORMATION CALL:

3. AWARD/EFFECTIVE

DATE

2021 JUL 23

a. NAME

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE8E4-21-R-0001

b. TELEPHONE NUMBER (No collect calls)

6. SOLICITATION ISSUE

DATE

2020 NOV 09

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE8E4 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

DLA TROOP SUPPORT

CONSTRUCTION & EQU PMENT (METALS)

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

USA

Local Admin: Aria GESSNER PAA0661 Tel: 215-737-7252 Fax: 215-737-0396 Email: ARIA.GESSNER@DLA.MIL

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A)

NAICS: 331110

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE SPE8E4

SEE SCHEDULE

SEE BLOCK 9

Criticality: PAS : None

17a. CONTRACTOR/ CODE 1NZ65 FACILITY 3M752 18a. PAYMENT WILL BE MADE BY CODE SL4701

OFFEROR CODE

I-SOLUTIONS DIRECT, INC.

DBA I-SOLUTIONS GROUP

1300 VIRGINIA DR STE 320

FORT WASHINGTON PA 19034-3223

USA

TELEPHONE NO. 8773136550

DEF FIN AND ACCOUNTING SVC

BSM

P O BOX 182317

COLUMBUS OH 43218-2317

USA

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED. SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

$730,000,000.00

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52 212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV.

Prescribed by GSA - FAR (48 CFR) 53.212

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. I-SOLUTIONS DIIRECT IINC.'S OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH ,

HEREIN IS ACCEPTED AS TO ITEMS: METALS

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) GESSNER.ARIA.MARIE Digitally signed by GESSNER.ARIA.MARIE

ANTOINETTE.1396426320

ANTOINETTE.1396426320

Date: 2021.07.23 06:19:25 -05'00'

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print)

Aria GESSNER

ARIA.GESSNER@DLA.MIL

31c. DATE SIGNED

2021 JUL 23

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

PAGE 3 OF 50 PAGES

Form

Standard Element has no Title

PID Data - Custom Clause Continuation of Blocks 19-24: Schedule of Supplies/Services

1) CONTRACT AWARD

ATTACHMENTS:

• Attachment 1 - Price Evaluation List (PEL) Spreadsheet

• Attachment 2 - Statement of Work (SOW)

• Attachment 3 - Successful Proposal, to include signed Amendments 0001, 0002, 0003 and 0005.

a. This contract, SPE8E4-21-D-0002, constitutes the Government's acceptance of I-Solutions Direct Inc.'s offer, including all revisions that were approved and accepted by the Government, under Request for Proposal (RFP) SPE8E4-21-R-0001, as amended by Amendments 0001, 0002, 0003 and 0005 (Attachment 3). It is an Indefinite Delivery/Indefinite Quantity (IDIQ) Tailored Logistics Support (TLS) Contract under which the Contractor shall function as a supplier for Metals products in the continental United States of America and worldwide via shipments through Container Consolidation Points in CONUS. All delivery orders will be competed amongst the multiple award contract holders and will be firm-fixed price.

b. Performance under this contract shall be governed by the Statement of Work (SOW) included as Attachment 2 to this document, and terms and conditions of RFP SPE8E4-21-R-0001, as amended.

c. I-Solutions Direct Inc.'s Commercial Subcontracting Plan dated has been approved and is hereby incorporated into this contract by reference.

d. I-Solutions Direct Inc.'s Small Business Socioeconomic Goals dated are hereby incorporated into this contract as follows:

e. The Metals Tailored Logistics Support (TLS) Program is for the logistical support of military commands, federal agencies, and other authorized DLA customers located in the continental United States (CONUS) and worldwide via shipments through Container Consolidation Points within the CONUS specifically consisting of the following states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New Mexico, New York, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, CONTINUED ON NEXT PAGE

PAGE 4 OF 50 PAGES

Form (CONTINUED)

Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

f. During the term of this contract and for any subsequent option periods thereof, DLA Troop Support reserves the right to add or delete authorized customers. Ordering offices may include, but are not limited to:

military activities, other Federal Agencies and Departments, and other authorized customers; including, Naval Facilities Engineering Command (NAVFAC) contractor(s), Army Corps of Engineers (ACE) contractor(s), state Governments, Local Governments, and any other prime vendor/virtual prime vendor performing under a DoD contract. The top ordering activities in FY19 for the Northeast, Southeast, Central and West Regions were: Aberdeen Proving Ground, Letterkenny Army Depot, Portsmouth Naval Shipyard, Tobyhanna Army Depot, Anniston Army Depot, Jacksonville Naval Air Station, Norfolk Navy Shipyard, Trident Refit Facility, US Army Aviation & Missiles Command, Tinker Air Logistics Complex, Rock Island Arsenal, Naval Surface Warfare Center Crane, Puget Sound Naval Shipyard, Holloman Airforce Base and Fleet Readiness Center San Diego. Any such additions or deletions made by DLA Troop Support may result in a significant increase or decrease in the Government's estimated contract value. Any such change shall not be the basis for a request for equitable adjustment or claim, shall not result in Government liability to the contractor, and shall not affect the stated minimum guaranteed ordering amounts.

g. Items. The contractor will be responsible for supplying various types of metal products to authorized customers. These items include, but are not limited to: aluminum, stainless steel, carbon steel, copper, brass, titanium, nickel and nickel alloys; and other industrial metals in various forms, such as: wire, plate, sheet, strip, bar, angle, extrusions, pipe, tube, and any other shape required by the ordering activities located in the continental United States (CONUS) and customers worldwide via shipments through Container Consolidation Points in CONUS. All items are commercial products. All items are to conform to the manufacturer's commercial specifications.

The TLS Contractor shall be responsible for making available, to the ordering activities covered under the resulting contract, the categories of items listed below:

FEDERAL SUPPLY CLASS ITEM(S) NAICS SIZE STANDARD

4710 Pipe and tube 331210 1000 9505 All 331222 1000 9510 Bars and rods, hot rolled 331111 1000 9510 Bars and rods, cold finished 331221 1000 9510 Bars and rods, casting 331513 500 9515 Sheet, strip, hot rolled 331111 1000 9515 Sheet strip, cold rolled 331221 1000 9515 Plate 331111 1000 9520 All 331111 1000 9525 Wire, aluminum 331319 750 9525 Wire, Copper, cu-nickel, brass 331421 750 9525 Wire, other metals 331491 750 9530 Bar, aluminum 331316 750 9530 Forgings, aluminum 332112 500 9530 Bar, copper or copper bearing 331421 750 9530 Bar, other metals 331491 750 9530 Bar, casting 331522 500

PAGE 5 OF 50 PAGES

Form (CONTINUED)

9535 Foil, sheet, strip, aluminum 331315 750 9535 Sheet, perforated, aluminum 332116 500 or brass 9535 Sheet, strip, plate, copper 331421 750 9535 Sheet, strip, plate, other 331491 750 9540 Shapes, angles, aluminum 331316 750 9540 Shapes, angles, brass 331421 750 Other miscellaneous metal products VARIOUS VARIOUS

NOTE: This list may not be all-inclusive and the TLS Contractor may be required to furnish other items under the classifications of metals, including nonstandard, non-NSN items. The total number of items required under this contract is indefinite.

h. Contract Minimum/Maximum. For each awardee, the Government guarantees that it will order a quantity of supplies having a minimum dollar value of $50,000.00 during the base period. The aggregate of delivery orders issued during the contract performance for each awardee during the base period will be applied to the minimum guarantee for each awardee. At the time when the aggregate of delivery orders equals or exceeds the guaranteed minimum for the contract, the guaranteed minimum will have been met and the Government's obligations with regard to the guarantee will have been satisfied. There is no guaranteed minimum for the option periods.

The maximum dollar value that can be obligated for a contract awarded under RFP SPE8E4-21-R-0001 is $900,000,000.00, meaning that the cumulative obligations of all orders placed against the contract cannot exceed $900,000,000.00. The maximum of $900,000,000.00 also represents the maximum for the acquisition;

the sum of all orders against all contracts shall not exceed $900,000,000.00.

Note: The Maximum Contract Value is $900,000,000.00. The maximum dollar value of $900,000,000.00 accounts for potential surge and contingency requirements; however, $730,000,000.00 remains the estimated dollar value for the acquisition.

i. Period of Performance. The effective date of this contract will be July 23, 2021 with a base ordering period of two (2) years and two (2) eighteen-month option periods, for a maximum term of five (5) years and final expiration date of July 22, 2026. This contract contains a provision for unilateral option(s) on the part of the Contracting Officer to extend the term of the contract. It should be noted that the base period may include a 60-day implementation period, if needed, after award.

j. Pricing. The PEL unit prices set forth in the Contractor's proposal dated are applicable to the items specified in this contract. The prices for the PEL accepted by the Government are hereby awarded as firm-fixed ceiling prices and are located in Attachment 1. The fixed prices constitute a not to exceed CEILING PRICE for the BASE PERIOD (two-year term) and each OPTION PERIOD (two eighteen-month terms). This contract is awarded on the basis of delivery F.O.B. Destination for all resultant contract delivery orders.

PAGE 6 OF 50 PAGES

Note: Contractors are encouraged, when competing for delivery orders, to provide a quote less than their ceiling price.

k. FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than *, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of **;

(2) Any order for a combination of items in excess of ** ; or

(3) A series of orders from the same ordering office within N/A days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

* There is no minimum quantity/dollar value per order.

** There is no maximum quantity/dollar value per order

l. FAR 52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

*0 percent increase *0 percent decrease

This increase or decrease *will be zero unless otherwise stipulated at the time of each individual delivery order.

m. FAR 52.211-8 TIME OF DELIVERY (JUNE 1997)

(a) The Government requires delivery to be made according to the following schedule:

*Note: Days of Delivery=Calendar Days.

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF ORDER

Routine (Pre-Planned) Non-Emergency Orders TBD 21 days (unless otherwise directed by the Contracting Officer) Emergency Orders TBD 7 days

n. Contract Administration. DLA Troop Support has the responsibility for the administration of this contract. The DLA Troop Support Contracting Officer is the only person authorized to approve changes or

PAGE 7 OF 50 PAGES

modify any of the requirements under this contract. The DLA Troop Support Contracting Officer must approve any changes or modification prior to the implementation of such changes. In the event the contractor effects a change at the direction of any person other than DLA Troop Support Contracting Officer the change will be considered to have been made without authority, and no adjustment will be made to cover any increase in cost as a result thereof. Request for information on matters related to this contract, such as explanation of terms and contract interpretation, shall be submitted to the DLA Troop Support Contracting Officer. In accordance with FAR 16.505(b) (5), the following individual has been designated the delivery order Ombudsman:

Mr. Robert Panichelle-BP

Defense Logistics Agency - Troop Support

700 Robbins Avenue

Philadelphia, PA 19111

Telephone: 215-737-5855

Facsimile: 215-737-3025 or 3039

Email: Robert.Panichelle@dla.mil

DLA Troop Support reserves the right to utilize the assistance of the Defense Contract Management Agency (DCMA) if deemed necessary for certain administrative duties.

o. Invoicing and Payment . For purposes of receiving payment for material shipments (orders), the accepted electronic form for submission of payment requests and receiving reports is iRAPT in the Wide Area WorkFlow eBusiness Suite. Reference DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. TLS Contractors shall submit payment requests and receiving reports using iRAPT, in one of the following electronic formats that iRAPT accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. The Wide Area Workflow eBusiness Suite and iRAPT are available on the Internet at https://piee.eb.mil. Guidance and assistance is available from DLA TROOPSUPPORT WAWF team personnel via email inquiry - DLATroopSupportwawfteam@dla.mil.

p. Fast Pay and Prompt Pay. Fast Pay will be utilized for delivery orders issued under contract

SPE8E4-21-D-0002 for orders subject to annual renewal of authorizing class deviation. A quarterly audit will be conducted. DLA Troop Support anticipates using carrier data provided in the 856 Advance Shipping Notice EDI transaction set and/or Proof of Deliveries (PODs) provided by the contractor. Prompt Pay will be utilized for all delivery orders DLA Troop Support anticipates using carrier data provided in the 856 Advance Shipping Notice EDI Transaction set and/ or PODs provided by the contractor to facilitate prompt payment.

q. The Preference for Certain Domestic Commodities/ Berry Amendment, Trade Agreements Act, and Buy

American Act Restrictions are applicable to this contract, depending on the items requested by the ordering activities at the time of each individual delivery order. Additionally, there other procurement restrictions set forth in the regulations that may apply to specific products (example - the Restriction on Acquisition of Certain Articles Containing Specialty Metals). Note that the Trade Agreements Act is applicable to all contracts awarded, including any contract awarded to a small business concern under the small business reserve portion of the Solicitation. Contractors must be aware of which provision applies at the time that they

PAGE 8 OF 50 PAGES

submit their offer and quotations, and must comply with those provisions throughout the period of contract performance. Any deviations from the applicable sourcing restrictions without prior written approval from the Contracting Officer will be considered a material defect, material non-conformance, and breach of contract for which the Government may exercise any and all available remedies, including those set forth at FAR 52.121-4 (a), at the sole discretion of the Contracting Officer. Any such deviations may be expected to result in the assertion of a Government demand and claim for repayment from the awardee in the amount deemed necessary by the Contracting Officer to fully compensate the Government.

r. A Surge and Sustainment Plan/Capability Assessment Plan is not required for this acquisition. There are no surge requirements for any items included in the PEL at the time of this award. Therefore, although Surge and Sustainment Plan clauses are contained in this contract, the contractor is not required to submit a Surge and Sustainment Plan at this time. In the event surge items are required after award, the awardee may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan. In such circumstances, the Surge and Sustainment Plan/Capability Assessment Plan will be provided to the Government at no additional cost.

s. Hazardous Material. The awardee is NOT required to submit the information required by FAR 52.223-3

Hazardous Material Identification and Material Safety Data upon award. Please note this information will be required, when applicable, at the time of each individual delivery order.

CONTRACTOR CODE OF BUSINESS ETHICS (JUN 2020)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

This contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (Jun 2020); the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions --Commercial Items (OCT 2018) is incorporated in this award by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

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STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (SEP 2019) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(5) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X_(1) 52.203-6 , Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13 , Contractor Code of Business Ethics and Conduct (JUN 2020)

(41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10 , Reporting Executive Compensation and First-Tier Subcontract

Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111 117, section 743 of Div.

C.);

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.);

X (8) 52.209-6 , Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9 , Updates of Publicly Available Information Regarding

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Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Class Deviation 2020-O0008) (OCT 2020) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020) of 52.219-3.

_(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Class Deviation 2020-O0008) (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a)

(ii) Alternate I (MAR 2020) of 52.219-4.

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Class Deviation 2020-O0008) (OCT 2020) (15 U.S.C. 644).

(ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-6

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Class Deviation 2020-O0008) (OCT 2020) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) (Class Deviation 2020-O0008) of 52.219-7

X (16) 52.219-8 , Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637 (d)(2) and (3)).

X (17)(i) 52.219-9 , Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9

X (iii) Alternate II (NOV 2016) of 52.219-9

(iv) Alternate III (JUN 2020) of 52.219-9

(v) Alternate IV (Class Deviation 2019-O0005 Revision 1) (JAN 2019) of 52.219- 9

(18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13

(19) 52.219-14, Limitations on Subcontracting (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.C.

637(a)(14)).

X (20) 52.219-16 , Liquidated Damages --Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_ (21) 52.219-27 , Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.C. 657f).

_X_ (22)(i) 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

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.

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C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.

C. 637(m))

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Class Deviation 2020-O0008) (Mar 2020) (15 U.S.C. 637(a) (17)).

X (27) 52.222-3 , Convict Labor (JUN 2003) (E.O. 11755).

X (28) 52.222-19 , Child Labor --Cooperation with Authorities and Remedies (Class Deviation 2020-

O0019)(JUL 2020) (E.O. 13126).

X (29) 52.222-21 , Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26 , Equal Opportunity (SEP 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

X (31)(i) 52.222-35 , Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

X (32)(i) 52.222-36 , Affirmative Action for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(ii) Alternate I (JULY 2014) of 52.222-36.

X (33) 52.222-37 , Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (34) 52.222-40 , Notification of Employee Rights Under the National Labor

Relations Act (DEC 2010) (E.O. 13496).

X (35)(i) 52.222-50 , Combating Trafficking in Persons (OCT 2020) (22.U.S.C. chapter 78 and E.O.

13627).

(ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(36) 52.222-54 , Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_X_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

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(40)(i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514)

(ii) Alternate I (Oct 2015) of 52.223-13.

(41)(i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

(43)(i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18 , Encouraging Contractor Policies to Ban Text Messaging while Driving (JUN 2020) (E.O.

13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

(47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(ii) Alternate I (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

_X (50) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13 , Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C 4505), 10 U.

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S.C. 2307(f)).

(56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307 (f)).

X (57) 52.232-33 , Payment by Electronic Funds Transfer -- System for Award Management (OCT 2018) (31 U.S.C. 3332).

(58) 52.232-34, Payment by Electronic Funds Transfer --Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)).

X_ (62) (i) 52.247-64 , Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (APR 2003) of 52.247-64.

(iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages under Executive Order 13658 (NOV 2020) (E.O. 13658).

(8) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2017) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792).

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(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause --

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section

1634 of Pub. L. 115-91).

(iv) 52.2014-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) (Section 889(a)(1)(A) of Pub, L 115-232)

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.

O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(A) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.

S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause) Addendum

The following additional clauses are set forth in full text:

FAR 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

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

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Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisitions.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluating contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is --

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

Non-public information means any Government or third-party information that-

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S. C.552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not “impair the employee's ability to act impartially and in the best interest of the Government” is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are-

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

PAGE 17 OF 50 PAGES

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from-

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall --

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by-

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee --

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

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(3) Inform covered employees of their obligation-

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include-

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or waiver.

(1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for-

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall-

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts --

(1) That exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently

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Form (CONTINUED) governmental functions (i.e., instead of performance only by a self-employed individual).

FAR 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…