Appendix B - Project Other Terms and Conditions

Appendix B
Other Terms and Conditions (OTCs)

Appendix B contains a list of terms and conditions. Some terms and conditions are derived from the FAR and DFARs. Those terms and conditions are annotated with a FAR and DFARS clause number and may have been tailored for this Other Transaction Agreement (OTA). Some of the terms and conditions contain references to a clause, in those instances, the clause refers to that term or condition or to other FAR, DFARS, or Army Contracting Command – Detroit Arsenal (ACC-DTA) Local clauses as references. Some terms and conditions are derived from ACC-DTA local clauses. Those terms and conditions are annotated with a reference to ACC-DTA and may have been tailored for this OTA.

Following is a description of each Appendix B section and the full text of each term and condition within each section.

Section A – Required Terms and Conditions

Section B – OPSEC/Security Terms and Conditions

Section C – Government Furnished Property (GFP) Terms and Conditions

Section D – Data Rights and Copyrights Terms and Conditions

Section E – Miscellaneous Terms and Conditions
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Section A – Required Terms and Conditions
A.1. Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(See Offeror’s Certification in Appendix C - Representations and Certifications, Section D)

Definitions. As used in this clause—
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– Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 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); Telecommunications or video surveillance services provided by such entities or using such equipment; or 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.