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Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 19 Contract Number: GS -07F -0031W <br />(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act <br />for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on <br />or after August 13, 2019, from procuring or obtaining, or extending or renewing a <br />contract to procure or obtain, any equipment, system, or service that uses covered <br />telecommunications equipment or services as a substantial or essential component <br />of any system, or as critical technology as part of any system. The Contractor is <br />prohibited from providing to the Government any equipment, system, or service that <br />uses covered telecommunications equipment or services as a substantial or essential <br />component of any system, or as critical technology as part of any system, unless an <br />exception at paragraph (c) of this clause applies or the covered telecommunication <br />equipment or services are covered by a waiver described in FAR 4.2104. <br />(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act <br />for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on <br />or after August 13, 2020, from entering into a contract, or extending or renewing a <br />contract, with an entity that uses any equipment, system, or service that uses <br />covered telecommunications equipment or services as a substantial or essential <br />component of any system, or as critical technology as part of any system, unless an <br />exception at paragraph (c) of this clause applies or the covered telecommunication <br />equipment or services are covered by a waiver described in FAR 4.2104. This <br />prohibition applies to the use of covered telecommunications equipment or services, <br />regardless of whether that use is in performance of work under a Federal contract. <br />(c) Exceptions. This clause does not prohibit contractors from providing - <br />(1) A service that connects to the facilities of a third -party, such as backhaul, <br />roaming, or interconnection arrangements; or <br />(2) Telecommunications equipment that cannot route or redirect user data traffic or <br />permit visibility into any user data or packets that such equipment transmits or <br />otherwise handles. <br />(d) Reporting requirement. <br />(1) In the event the Contractor identifies covered telecommunications equipment or services <br />used as a substantial or essential component of any system, or as critical technology as part of <br />any system, during contract performance, or the Contractor is notified of such by a <br />subcontractor at any tier or by any other source, the Contractor shall report the information in <br />paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are <br />established procedures for reporting the information; in the case of the Department of <br />Defense, the Contractor shall report to the website at https:Ildibnet.dod.mil. For indefinite <br />delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite <br />delivery contract and the Contracting Officer(s) for any affected order or, in the case of the <br />Department of Defense, identify both the indefinite delivery contract and any affected orders <br />in the report provided at httl2s:Hdibnet.dod.mil. <br />(2) The Contractor shall report the following information pursuant to paragraph <br />(d)(1) of this clause: <br />(i) Within one business day from the date of such identification or <br />notification: The contract number; the order number(s), if applicable; <br />supplier name; supplier unique entity identifier (if known); supplier <br />Commercial and Government Entity (CAGE) code (if known); brand; <br />model number (original equipment manufacturer number, manufacturer <br />part number, or wholesaler number); item description; and any readily <br />available information about mitigation actions undertaken or <br />recommended. <br />(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of <br />this clause: Any further available information about mitigation actions undertaken <br />or recommended. In addition, the Contractor shall describe the efforts it undertook <br />to prevent use or submission of covered telecommunications equipment or <br />Page: 115 of 216 <br />202 <br />