Description of Proposed
Item

Model Number of
Proposed item

TYPES BRUSH TRUG
CAB DIESEL

CREW



(iii) Suppliers that obtain such parts exclusively from the original manufacturers of the parts or
their authorized suppliers;

(2) If electronic parts are not available as provided in paragraph (b)(1) of this clause, obtain
electronic parts that are not in production by the original manufacturer or an authorized
aftermarket manufacturer, and that are not currently available in stock from a source listed in
paragraph (b)(1) of this clause, from suppliers identified by the Contractor as contractor-approved
suppliers, provided that—

(i) For identifying and approving such contractor-approved suppliers, the Contractor uses
established counterfeit prevention industry standards and processes (including inspection, testing,
and authentication), such as the DoD-adopted standards at https://assist.dla.mil;

(ii) The Contractor assumes responsibility for the authenticity of parts provided by such
contractor-approved suppliers; and

(iii) The Contractor’s selection of such contractor-approved suppliers is subject to review, audit,
and approval by the Government, generally in conjunction with a contractor purchasing system
review or other surveillance of purchasing practices by the contract administration office, or if the
Government obtains credible evidence that a contractor-approved supplier has provided
counterfeit parts. The Contractor may proceed with the acquisition of electronic parts from a
contractor-approved supplier unless otherwise notified by DoD; or

(3)(i) Take the actions in paragraph (b)(3)(ii) of this clause if the Contractor—
(A) Obtains an electronic part from—

(1) A source other than any of the sources identified in paragraph (b)(1) or (b)(2) of this clause,
due to nonavailability from such sources; or

(2) A subcontractor (other than the original manufacturer) that refuses to accept flowdown of this
clause; or

(B) Cannot confirm that an electronic part is new or previously unused and that it has not been
comingled in supplier new production or stock with used, refurbished, reclaimed, or returned
parts.

(ii) If the contractor obtains an electronic part or cannot confirm an electronic part pursuant to
paragraph (b)(3)(i) of this clause—

(A) Promptly notify the Contracting Officer in writing. If such notification is required for an
electronic part to be used in a designated lot of assemblies to be acquired under a single contract,
the Contractor may submit one notification for the lot, providing identification of the assemblies
containing the parts (e.g., serial numbers);

(B) Be responsible for inspection, testing, and authentication, in accordance with existing
applicable industry standards; and

(C) Make documentation of inspection, testing, and authentication of such electronic parts
available to the Government upon request.



DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support
(JAN 2023)

DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (JUN 2023)
DFARS 252.211-7003, Item Unique Identification and Valuation (JAN 2023)

DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (DEC 2019)
DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JAN 2023)

DFARS 252.225-7012, Preference for Certain Domestic Commodities (APR 2022)

DFARS 252.225-7021, Trade Agreements (OCT 2023)

DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003)
DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003)
DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005)

DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises,
and Native Hawaiian Small Business Concerns (JAN 2023)

DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JAN 2023)
DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports
(DEC 2018)

DFARS 252.232-7010, Levies on Contract Payments (DEC 2006)

DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2022)

DFARS 252.244-7000, Subcontracts for Commercial Products or Commercial Services (NOV
2023)

DFARS 252.247-7028, Application for U.S. Government Shipping Documentation/Instructions
(JUN 2012)

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and
Conditions Required to Implement Statutes or Executive Orders-Commercial Items, the
Contractor shall include the terms of the following clauses, if applicable, in subcontracts for
commercial items or commercial components, awarded at any tier under this contract:

DFARS 252.227-7013, Rights in Technical Data — Other than Commercial Products and
Commercial Services (MAR 2023)

DFARS 252.227-7015, Technical Data— Commercial Products and Commercial Services (MAR
2023)

DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JAN
2023)

DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JAN
2023)

DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost
Bearer (JAN 2023)

DFARS 252.247-7023, Transportation of Supplies by Sea (JAN 2023)

TIME OF DELIVERY - F.0.B. POINT

(a) Time of Delivery
With respect to each delivery order issued under this contract, the contractor shall make
delivery within the number of days specified on page 11 of this contract for the
applicable line item after the date of order, unless the contractor agrees to a different
delivery requirement of a particular delivery order.

(b) F.O.B. Point

[ ] With respect to all contract line items this contract is awarded on the basis of delivery
F.O.B. Origin.



18

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 products or commercial services.

FAR 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)
(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor
application or service developed or provided by ByteDance Limited or an entity owned by
ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)}—

(1) Means any equipment or interconnected system or subsystem of equipment, used in
the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement,
control, display, switching, interchange, transmission, or reception of data or information by
the executive agency, if the equipment is used by the executive agency directly or is used by a
contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the
furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input,
output, and storage devices necessary for security and surveillance), peripheral equipment



10

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.0.s
13423 and 13514).
__ (ii) Alternate I (Jun2014) 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 (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3,
__ (48) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41_U.S.C. chapter 83).
_ (ii) Alternate I (OCT 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC
2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001
note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].
__ (iii) Alternate II (DEC 2022) of 52.225-3.
— (iv) Alternate III (JAN 2021) of 52.225-3
___(v) Alternate IV (Oct 2022) of 52.225-3.
___ (50) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et

seq., 19 U.S.C. 3301 note).
_X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (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. Subtitle A, Part V, Subpart G 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
(Nov2007) ( 42 U.S.C. 5150).
___ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and
Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
___ (57) 52.232-30, Installment Payments for Commercial Products and Commercial
Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award
Management (OCT2018) ( 31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) ( 31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).
__ (61) 5 Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).
_ (62) 5, Payments to Small Business Subcontractors (JAN

2017) (15 U.S.C. 637(d)(13)).
— (63)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV
2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).



{X] ((1) At the plant shown and by the Government Inspection Office shown in c(1)
above.

[| (2) Atthe plant shown and by the Government Inspection Office shown in ¢(2)
above.

[X] ((3) At destination by the receiving authority

(e) APPLICABLE TO F.O.B. ORIGIN SHIPMENTS ON GOVERNMENT BILL OF
LADING AWARDS ONLY. Shipment will be made from the contractor's or subcontractor
plant(s) identified below. These shipping points were used in the evaluation of contractor's
F.O.B. Origin offer. If the contractor ships from a place other than as identified herein, any
increase in transportation costs shall be borne by the contractor and any savings shall revert to
the Government.

[ X] ((1) Same as shown in a(1) above.
{ ] ((2) As shown below:

Any change to the above Place of Performance, Inspection, and Acceptance must be
approved in writing by the Contracting Officer.

*The Place of Performance, Inspection, and Acceptance for all items will be determined
upon the issuance of each delivery order.

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or
Executive Orders—Commercial Products and Commercial Services (MAR 2023)

(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
E:

utive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (. 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) 204-23, Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634
of Pub. L. 115-91)

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV
2015).



[X] With respect to all contract line items this contract is awarded on the basis of delivery
F.O.B, Destination for all resulting contract delivery orders.

PLACE OF PERFORMANCE GOVERNMENT INSPECTION ACCEPTANCE AND
SHIPPING POINT

(a) Place of Performance:

[ X] (1) Items will be manufactured at the following locations:

ITEM NO. PLANT NAME AND ADDRESS

1 US Fire —_ LLC

[ ] (2) Items will be furnished from stock. The manufacturer (not the dealer) is as follows: (To
be supplied with the offer by the offeror)

ITEM NO. Name and Address of Manufacturer

(b) Place of Packaging, Packing and Marking:
[X] ((1) Same as shown in a(1) above.

[ ] ((2) As shown below:

(c) Place of Government Inspection: WILL BE SPECIFIED ON DELIVERY ORDER

{X ] ((1) Material inspection, except as may be indicated in c(2), will be made at the
following locations:

Item No. Plant Name and Address Gov. Inspection Office

1 US Fire —_ LLC DCMA Northwest (S4801A)

{ ] ((2) Packaging, Packing and Marking inspection (if other than c(1) above) will be
made at the following location:

[X ] ((3) At destination

(d) Place of Acceptance: WILL BE SPECIFIED ON DELIVERY ORDER



designed to be controlled by the central processing unit of a computer, software, firmware and
similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a
Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023
(Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance
under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27,
2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the
presence or use of a covered application on executive agency information technology, including
certain equipment used by Federal contractors. The Contractor is prohibited from having or using
a covered application on any information technology owned or managed by the Government, or
on any information technology used or provided by the Contractor under this contract, including
equipment provided by the Contractor’s employees; however, this prohibition does not apply if
the Contracting Officer provides written notification to the Contractor that an exception has been
granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this
paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial
products or commercial services.

252.223-7009 Prohibition of Procurement of Fluorinated Aqueous Film-Forming Foam
Fire-Fighting Agent for Use on Military Installations.

a) Definitions. As used in this clause, “perfluoroalkyl substances” and “polyfluoroalky!
substances” have the meanings given in section 322(f) of the National Defense Authorization Act
for Fiscal Year 2020 (Pub. L. 116-92).

(b) Prohibition. The Contractor shall not provide or use under this contract any aqueous film-
forming foam fire-fighting agent that contains perfluoroalky! substances or polyfluoroalky!
substances in excess of one part per billion.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this
paragraph (c), in all subcontracts, including subcontracts for commercial products and
commercial services, relating to fire-fighting on a military installation.



— (19) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).
o (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F\G
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(OcT 2022) ( 15 U.S.C. 657f).
_X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR

2023)( 1 5 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 Concerns (OCT 2022)
(15 U.S.C. 637(mn)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned
Small Business Concerns Eligible Under the Women-Owned Small Business Program
(OcT 2022) ( 15 U.S.C. 637(m)).
___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR
44(r)).
Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).
3, Convict Labor (JUN 2003) (E.0.11755).
"x (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC
2022) (E.0. 13126).
22-21, Prohibition of Segregated Facilities (APR 2015).
i) 52.222-26, Equal Opportunity (SEP 2016) (E.0.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26,
X31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
_X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (JUL 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 (NOV
2021) ( 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).
_X.(36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order
12989). (Not applicable to the acquisition of commercially available off-the-shelf items
or certain other types of commercial products or commercial services as prescribed in
FAR 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.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.0. 13693).
_— (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment
and Air Conditioners (JUN 2016) (E.O. 13693).
_ 40)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.0.s
13423 and 13514),
__ (ii) Alternate I (OcT 2015) of 52.223-13.



SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. |" nN Renee PAGE 1 OF 20
2. CONTRACT NUMBER S-AWARD/EFFECTIVE _]4. ORDERNUMBER 5. SOLICITATION NUMBER & SOLICITATIONISSUE
DATE
SPEBEC-24-0-0035 | 4/10/24 SPEBEC-21-R-0005 67/2021
a. NAME b. TELEPHONE NUMBER (No 8. OFFER DUE DATE/
7. FOR SOLICITATION > collect calls) LOCAL TIME
INFORMATION CALL: Robert F. Spadaro, Jr.
pa (215) 737-8253 7712024
9. ISSUED BY CODE SPE8EC __|10. THIS ACQUISITION iS [XJUNRESTRICTED OR (set asioe: % FOR:
SMALL BUSINESS WOMEN-OWNED SMALL NORTH AMERICAN
DLA Troop Support | Oo HUBZONE SMALL BUSINESS (WOSB) INDUSTRY CLASSIFICATION
Construction and Equipment (Supply Chain) BUSINESS ECONOMICALLY STANDARD (NAICS):
700 Robbins Avenue gO SERVICE-DISABLED oO OMeh OWNED SM. 336211
i i VETERAN-OWNED MEN-OWNED SMALL :
Philadelphia, PA 19111 -5096 Shae susiess BUSINESS (EDWOSB) sve enone:
(SDVOSB) 8(A) :
11. DELIVERY FOR FREE ON 12. DISCOUNT TERMS 13a, THIS CONTRACTIS A [13b. RATING
BOARD (FOB) DESTINATION RATED ORDER UNDER 7
UNLESS BLOCK IS MARKED T THE DEFENSE Priors |" meQuesr OO INVITATION ror
NET 30 days AND ALLOGATIONS Cor quoTe |_JFOR BID PROPOSAL
Clsee scuepute SYSTEM - DPAS (15 CFR700) | ~ (prqy (FB) (RFP)
15, DELIVER TO CODE 16. ADMINISTERED BY cope | S4801A
DCMA Northwest Operations Group
To Be Shown On Each Order 3009 112th Ave NE Suites 200, Corporate Campus East Ill
Bellevue, WA 98004-8019
“Wa. CONTRACTOR’ cope [ 1xD43-_‘| Facurry T 8a. PAYMENT WILL BE MADE BY cove |SL4701
OFFEROR CODE '
US Fire Equipment LLC DFAS (SL4701)
Sumner Washington 98390-2172 PO Box 162317
(253) 863-1301 Columbus, OH 43218-2317
TELEPHONE NUMBER (352) 237-1122
17. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN | 18. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 16a UNLESS BLOCK
Corer BELOWIS CHECKED [] SEE ADDENDUM
19. 20. 21. 2. 23. 24.
ITEM NUMBER SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT | _UNITPRICE ‘AMOUNT

See page 20

(Use Reverse and/or Attach Additional Sheets as Necessary)

2S. ACCOUNTING AND APPROPRIATION DATA
To Be Shown On Each Order

28. TOTAL AWARD AMOUNT (For Goverment Use Only)
$523,000,000.00

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 522124. FAR 52.212-3

‘AND 52.212-5 ARE ATTACHED. ADDENDA

[X]28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWSSE IDENTIFIED ABOVE AND
ON A f ADDITIONAL SHEETS SU ECT TO THE TERMS AND CONDITIONS
SPI, , FIED

27. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.2125 1S ATTACHED. ADDENDA,

[Jane [_JARE NOT ATTACHED
[X]4Re [_]ARE Nor ATTACHED

1__ [9)29. awaro OF CONTRACT: REFERENCE US Fire OFFER
paTeD 1/31/2024 ~~ YOUR OFFER ON SOLICITATION (BLOCK 5)
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
HEREIN, IS ACCEPTED AS TO ITEMS: Fire and Emergency

Digtaly signed by SPADARO ROBERT JR 1201815040
SPADARO.ROBERT.F.JR.1291915040 Distal sine by SPADARO RO

[30c. DATE SIGNED

B/G

4 ys t JON

a)

31c DATE SIGNED

4/10/24

[31b. NAME OF CONTRACTING OFFICER (Type or prin)
Robert F. Spadaro, Jr.

AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212


(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 (NOV 2021) (Section 1634 of Pub. L.
115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 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 the applicable threshold specified in

FAR 19.702(a) on the date of subcontract award, 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. 6, Equal Opportunity (SEP 2015) (E.0.11246).

(viii) 5 Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

(ix) 5 , Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
(x) , Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212),

(xi) 52. , Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.0. 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 (NOV 2021) ( 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 and 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) (41U.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 (MAY 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN
2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5_U.S.C. 552a).
(B) 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. Subtitle A, Part V, Subpart G 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)
(31LU.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c)
of 52.232-40.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV
2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph
(d) of FAR clause 52.247-64,



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

— (iii) Alternate II (Nov 2021) 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 products and commercial services:

[Contracting Officer check as appropriate. ]

___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41_U.S.C. chapter67).
___ (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) ( 29U.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 for Contractor Workers Under Executive Order 14026 (JAN
2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)
(42 U.S.C. 1792).
(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, as defined in FAR 2.101, on the date of award of
this contract, 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 products or commercial services. 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 (NOV
2021) (41ULS.C. 3509).



(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR
2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws
108-77 and 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 products and commercial
services:

[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN
2020), with Alternate I (NOV 2021) ( 41_U.S.C. 4704 and 10 U.S.C. 4655).
_X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV
2021) (41U.S.C. 3509)),
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (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 Governments Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (NOV
2021) (31 U.S.C. 6101 note).
_X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (OCT 2018) ( 41 U.S.C. 2313).
___ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)
(1S.US.C. 657).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in
its offer) ( 15 U.S.C. 657a).
__ (13) [Reserved]
— (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV
2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV
2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

_X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022)

(15.U.S.C. 637(d)(2) and (3)).

_X (17) (i) 52.219-9, Small Business Subcontracting Plan (OcT 2022)
( 1S. U.S.C. 637(d)(4)).

_ (ii) Alternate I (Nov 2016) of 52.219-9.

_X (iii) Alternate IT (Nov 2016) of 52.

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

— (v) Alternate I'V (SEP 2021) of 52.219-9,

_— (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(1)).

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



(b) Additions to the above items. The unit price(s) and initial delivery schedule for any item(s)
added to the initial item shall be established based on negotiations between the Government and
the Contractor. The unit price(s) must be determined fair and reasonable by the Contracting
Officer prior to addition to the contract.

5) PAYMENT
a. Terms: Payment terms are Net 30 Days
b. Prompt Payment Procedures apply.

¢. Remittance Address: The Contractor’s remittance address is as follows:

6) CONTRACT ADMINISTRATION: | Administration of the contract is the responsibility of

the Defense Contract Management Agency Bellevue, WA (S4801A).

ADDENDUM TO FAR 52.212-4

The clauses listed below are incorporated by reference with the same force and effect as if it was
given in full text:

FAR 52.211-15, Defense Priority and Allocation Requirements (APR 2008)

FAR 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000
(JUNE 2020)

FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013)

FAR 52.232-40, Providing Accelerated Payments to Small Business Contractors (MAR 2023)
FAR 52.242-5, Payments to Small Business Subcontractors (JAN 2017)

DFARS 252.225-7048, Export Controlled Items (JUN 2013)

DFARS 252.232-7006, Wide Area Workflow Payment Instructions (JAN 2023)

The following Federal Acquisition Regulation (FAR) clause is included in the contract by reference to
implement provisions of law or Executive orders applicable to acquisitions of commercial items or
components;

FAR 52.203-3, Gratuities (APR 1984)

The following DFARS clauses are included in this contract by reference to implement provisions of
law or Executive orders applicable to acquisitions of commercial items or components:

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP
2011)

DFARS 252.203-7003, Agency Office of the Inspector General (AUG 2019)

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (SEP
2022)

DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident
Reporting (JAN 2023)



15

(c) Traceability.If the Contractor is not the original manufacturer of, or authorized supplier for, an
electronic part, the Contractor shall—

(1) Have risk-based processes (taking into consideration the consequences of failure of an
electronic part) that enable tracking of electronic parts from the original manufacturer to product
acceptance by the Government, whether the electronic part is supplied as a discrete electronic part
or is contained in an assembly;

(2) If the Contractor cannot establish this traceability from the original manufacturer for a specific
electronic part, be responsible for inspection, testing, and authentication, in accordance with
existing applicable industry standards; and

(3)(i) Maintain documentation of traceability (paragraph (c)(1) of this clause) or the inspection,
testing, and authentication required when traceability cannot be established (paragraph (c)(2) of
this clause) in accordance with FAR subpart 4.7; and

(ii) Make such documentation available to the Government upon request.

(d) Government sources. Contractors and subcontractors are still required to comply with the
requirements of paragraphs (b) and (c) of this clause, as applicable, if—

(1) Authorized to purchase electronic parts from the Federal Supply Schedule;

(2) Purchasing electronic parts from suppliers accredited by the Defense Microelectronics
Activity; or

(3) Requisitioning electronic parts from Government inventory/stock under the authority of
252.251-7000 , Ordering from Government Supply Sources.

(i) The cost of any required inspection, testing, and authentication of such parts may be charged
as a direct cost.

(ii) The Government is responsible for the authenticity of the requisitioned parts. If any such part
is subsequently found to be counterfeit or suspect counterfeit, the Government will—

(A) Promptly replace such part at no charge; and

(B) Consider an adjustment in the contract schedule to the extent that replacement of the
counterfeit or suspect counterfeit electronic parts caused a delay in performance.

(e) Subcontracts. The Contractor shall include the substance of this clause, including this
paragraph (e), in subcontracts, including subcontracts for commercial products, that are for
electronic parts or assemblies containing electronic parts, unless the subcontractor is the original
manufacturer.

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment (NOV 2021)

(a) Definitions. As used in this clause—



(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



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.

Note: FAR clause 52.203-13 — Contractor Code of Business Ethics and Conduct is incorporated
by reference on page 8 of this contract.

2) CONTRACT PERIOD

Any supplies to be furnished under this contract shall be ordered by issuance of delivery orders
by DLA Troop Support. The ordering period shall commence on the date of award/contract and
shall continue for five (5) calendar years after the effective date of the award/contract.

The “Total Award Amount” listed in block twenty-six (26) on page one (1) of this contract
($523,000,000.00) is the estimated value of the five (5) year contract and represents the combined
five (5) year value of all Fire and Emergency Equipment contracts to be awarded under SPESEC-
21-R-0005, not this contract alone. The maximum dollar value that may be obligated against the
contract throughout the five (5) year contract period is $889,832,238.00.

3) DELIVERY ORDER LIMITATIONS

(a)Minimum Order: When the Government requires supplies or services covered by this
contract in an amount of less than one each, 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 exceeding $100,000,000.00
(2) Any order for a combination of items exceeding $100,000,000.00; or

(3) A series of orders from the same ordering office within five (5) days that together call for
quantities exceeding the limitations in subparagraph (b)(1) or (b)(2) of this section.

(c)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 thirty (30) 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.

4) CONTRACT UNIT PRICE

(a) The product base list unit prices set forth in the revised proposal dated January 30, 2024, and
that negotiated discounts dated January 31, 2024 are applicable to the item specified in this
contract and are shown on page 20 of this contract.



US Fire Equipment, LLC.

1) CONTRACT AWARD

a. This contract constitutes the Government's acceptance of the Contractor's offer, including all
revisions that were approved and accepted by the Government, under Request for Proposal (RFP)
SPES8EC-21-R-0005.

b. Performance under this contract shall be governed by the Statement of Work (SOW) and terms
and conditions of RFP SPE8EC-21-R-0005, as amended, and the following terms and conditions
negotiated prior to award that were acceptable to both the Contractor and the Government.

d, The product base list unit prices and discounts set forth in the revised proposal dated January
30, 2024 and the negotiated discounts offered on January 31, 2024 are applicable to the item
specified in this contract and are shown on page 20.

Final Proposal Revision Letter sent on February 28, 2024 confirmed offeror’s final price and
discounts. U S Fire responded and did not offer any changes.

The proposed base list unit price is ftom U S Fire’s Ill Commercial Price List provided on

The negotiated discounts on page 20 of this contract shall remain in effect for the entire five-year
contract period, The contract pricing (catalog price minus discount) shall be the ceiling price for
any delivery order awarded under the contract. At any time, the contractor can offer discounts
greater than the contractual discounts.

e. In performance of this contract, any transportation of supplies by sea must comply with
DFARS 252.247-7024, Notification of Transportation of Supplies by Sea.

f. CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (NOV 2021)

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 violation
found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C.
3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF
BUSINESS ETHICS AND CONDUCT; 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



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

DFARS 252.246-7008 Sources of Electronic Parts (Jan 2023)
(a) Definitions. As used in this clause—

“Authorized aftermarket manufacturer” means an organization that fabricates a part under a
contract with, or with the express written authority of, the original component manufacturer based
on the original component manufacturer’s designs, formulas, and/or specifications.

“Authorized supplier” means a supplier, distributor, or an aftermarket manufacturer with a
contractual arrangement with, or the express written authority of, the original manufacturer or
current design activity to buy, stock, repackage, sell, or distribute the part.

“Contract manufacturer” means a company that produces goods under contract for another
company under the label or brand name of that company.

“Contractor-approved supplier” means a supplier that does not have a contractual agreement with
the original component manufacturer for a transaction, but has been identified as trustworthy by a
contractor or subcontractor.

“Electronic part” means an integrated circuit, a discrete electronic component (including, but not
limited to, a transistor, capacitor, resistor, or diode), or a circuit assembly (section 818(f)(2) of
Pub. L. 112-81).

“Original component manufacturer" means an organization that designs and/or engineers a part
and is entitled to any intellectual property rights to that part.

“Original equipment manufacturer” means a company that manufactures products that it has
designed from purchased components and sells those products under the company's brand name.

“Original manufacturer” means the original component manufacturer, the original equipment
manufacturer, or the contract manufacturer.

(b) Selecting suppliers. In accordance with section 818(c)(3) of the National Defense
Authorization Act for Fiscal Year 2012 (Pub. L. 112-81), as amended by section 817 of the
National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-291) and section 885 of
the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), the Contractor
shall—

(1) First obtain electronic parts that are in production by the original manufacturer or an
authorized aftermarket manufacturer or currently available in stock from—

(i) The original manufacturers of the parts;

(ii) Their authorized suppliers; or



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. | 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);

(5S) 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