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05
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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062023
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6/14/2023 3:38:17 PM
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6/14/2023 3:35:35 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/20/2023
DESTRUCT DATE
15Y
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telecommunications equipment or services as a substantial or essential component of any system, or <br /> as critical technology of any system; <br /> (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or <br /> service that uses covered telecommunications equipment or services as a substantial or essential <br /> component of any system, or as critical technology of any system; <br /> (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications <br /> equipment or services as a substantial or essential component of any system, or as critical <br /> technology as part of any system; or <br /> (iv) Provide, as part of its performance of this contract, subcontract, or other contractual <br /> instrument, any equipment, system, or service that uses covered telecommunications equipment or <br /> services as a substantial or essential component of any system, or as critical technology as part of <br /> any system. <br /> c. Exceptions. <br /> (1) This clause does not prohibit consultants from providing— <br /> (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or <br /> interconnection arrangements; or Contract Provisions Guide 28 <br /> (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit <br /> visibility into any user data or packets that such equipment transmits or otherwise handles. <br /> (2) By necessary implication and regulation, the prohibitions also do not apply to: <br /> (i) Covered telecommunications equipment or services that: <br /> i. Are not used as a substantial or essential component of any system; and <br /> ii. Are not used as critical technology of any system. <br /> (ii) Other telecommunications equipment or services that are not considered covered <br /> telecommunications equipment or services. <br /> d. Reporting requirement. <br /> (1) In the event the consultant identifies covered telecommunications equipment or services used as <br /> a substantial or essential component of any system, or as critical technology as part of any system, <br /> during contract performance, or the consultant is notified of such by a subconsultant at any tier or by <br /> any other source, the consultant shall report the information in paragraph (d)(2)of this clause to the <br /> recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the <br /> information. <br /> (2) The Consultant shall report the following information pursuant to paragraph (d)(1)of this clause: <br /> (i)Within one business day from the date of such identification or notification: The contract <br /> number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); <br /> supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original <br /> equipment manufacturer number, manufacturer part number, or wholesaler number); item description; <br /> and any readily available information about mitigation actions undertaken or recommended. <br /> (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any <br /> further available information about mitigation actions undertaken or recommended. In addition, the <br /> consultant shall describe the efforts it undertook to prevent use or submission of covered <br /> telecommunications equipment or services, and any additional efforts that will be incorporated to prevent <br /> future use or submission of covered telecommunications equipment or services. <br /> e. Subcontracts. The Consultant shall insert the substance of this clause, including this paragraph (e), <br /> in all subcontracts and other contractual instruments. <br /> XVII. DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 <br /> Page 8 of 11 <br /> Federal and State <br /> Provisions Exhibit B <br />
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