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EXHIBIT 1
<br /> (b)Proft hition.
<br /> (1)Section 889(a)(1)(A)of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)
<br /> prohibits the head of an executive agency on 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 telecommunications equipment or services as
<br /> a substantial or essential component of any system,or as critical technology as part of any system.Nothing in the prohibition shall
<br /> be construed to—
<br /> (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the
<br /> facilities of a third-party,such as backhaul,roaming,or interconnection arrangements;or
<br /> (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into
<br /> any user data or packets that such equipment transmits or otherwise handles.
<br /> (2)Section 889(a)(1)(B)of the John S. McCain National Defense Authorization Act for Fiscal Year 2019(Pub. L. 115-
<br /> 232)prohibits the head of an executive agency on or after August 13,2020,from entering into a contract or extending or renewing
<br /> a contract with an entity that uses any equipment,system,or service that uses covered telecommunications equipment or services
<br /> as a substantial or essential component of any system,or as critical technology as part of any system.This prohibition applies to
<br /> the use of covered telecommunications equipment or services,regardless of whether that use is in performance of work under a
<br /> Federal contract.Nothing in the prohibition shall be construed to—
<br /> (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the
<br /> facilities of a third-party,such as backhaul,roaming,or interconnection arrangements;or
<br /> (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into
<br /> any user data or packets that such equipment transmits or otherwise handles.
<br /> (c)Procedures.The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
<br /> (https:t)www.sam.gov)for entities excluded from receiving federal awards for"covered telecommunications equipment or services".
<br /> (d)Representation.The Offeror represents that—
<br /> (1)It o wilt,❑will not provide covered telecommunications equipment or services to the Government in the performance
<br /> of any contract,subcontract or other contractual instrument resulting from this solicitation.The Offeror shall provide the additional
<br /> disclosure information required at paragraph(e)(1)of this section if the Offeror responds"will"in paragraph(d)(1)of this section;
<br /> and
<br /> (2)After conducting a reasonable inquiry,for purposes of this representation,the Offeror represents that—
<br /> It o does,o does not use covered telecommunications equipment or services,or use any equipment,system,or service
<br /> that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information
<br /> required at paragraph(e)(2)of this section if the Offeror responds"does"in paragraph(d)(2)of this section.
<br /> (e)Disclosures,
<br /> (1)Disclosure forthe representation in paragraph(d)(1)of this provision.If the Offeror has responded"will"in the representation
<br /> in paragraph(d)(1)of this provision,the Offeror shall provide the following information as part of the offer.
<br /> (1)For covered equipment—
<br /> (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity
<br /> identifier,CAGE code,and whether the entity was the original equipment manufacturer(OF-M)or a distributor,if known);
<br /> (B)A description of all covered telecommunications equipment offered (include brand; model number, such as
<br /> OEM number,manufacturer part number,or wholesaler number;and item description,as applicable);and
<br /> (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to
<br /> determining if such use would be permissible under the prohibition in paragraph(b)(1)of this provision.
<br /> (ii)For covered services—
<br /> (A)If the service is related to item maintenance:A description of all covered telecommunications services offered
<br /> (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number,or wholesaler
<br /> number;and item description,as applicable);or
<br /> (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and
<br /> explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would
<br /> be permissible under the prohibition in paragraph(b)(1)of this provision.
<br /> (2)Disclosure for the representation in paragraph (d)(2)of this provision. it the Offeror has responded"does"in the
<br /> representation in paragraph(d)(2)of this provision,the Offeror shall provide the following information as part of the offer:
<br /> (i)For covered equipment—
<br /> (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity
<br /> identifier,CAGE code,and whether the entity was the OEM or a distributor,if known);
<br /> Version August 19,2022
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