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Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 9 Contract Number: GS-07F-0031W <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 />services, and any additional efforts that will be incorporated to prevent future use <br />or submission of covered telecommunications equipment or services. <br />(e) Subcontracts. The Contractor shall insert the substance of this clause, including this <br />paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual <br />instruments, including subcontracts for the acquisition of commercial items. <br />52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN <br />SUBCONTRACTING WITH CONTRACTORS DEBARRED, <br />SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020) <br />(a) Definition. "Commercially available off -the -shelf (COTS)" item, as used in this clause- <br />(1) Means any item of supply (including construction material) that is- <br />(i) A commercial item (as defined in paragraph (1) of the definition in Federal <br />Acquisition Regulation (FAR) 2.101); <br />(ii) Sold in substantial quantities in the commercial marketplace; and <br />(iii) Offered to the Government, under a contract or subcontract at any tier, without <br />modification, in the same form in which it is sold in the commercial marketplace; and <br />(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products <br />and petroleum products. <br />(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a <br />subcontract for a commercially available off -the -shelf item, the Contractor shall not enter into any <br />subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award <br />with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency <br />unless there is a compelling reason to do so. <br />(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the <br />threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor <br />providing a commercially available off -the -shelf item, to disclose to the Contractor, in writing, whether <br />as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, <br />suspended, or proposed for debarment by the Federal Government. <br />(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, <br />before entering into a subcontract with a party (other than a subcontractor providing a commercially <br />available off -the -shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for <br />information on the System for Award Management (SAM) Exclusions). The notice must include the <br />following: <br />(1) The name of the subcontractor. <br />(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an <br />exclusion in SAM. <br />Page: 140 of 211 <br />