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DOE O 484.1A, Reimbursable Work for the Department of Homeland Security

To establish Department of Energy (DOE) policies and procedures for the acceptance performance and administration of reimbursable work directly funded by the Department of Homeland Security (DHS).
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Section 1

AVAILABLE ONLINE AT: INITIATED BY: www.directives.doe.gov Office of Management U.S. Department of Energy ORDER Washington, D.C. Approved: 08-05-2026 SUBJECT: REIMBURSABLE WORK FOR THE DEPARTMENT OF HOMELAND SECURITY 1. OBJECTIVE. To establish Department of Energy (DOE) policies and procedures for the acceptance, performance, and administration of reimbursable work directly funded by the Department of Homeland Security (DHS). 2. CANCELLATION. DOE O 484.1 Chg. 4 (LtdChg), Reimbursable Work for Department of Homeland Security, dated October 28, 2024. Cancellation of a directive does not, by itself, modify or otherwise affect any contractual or regulatory obligation to comply with the directive. Contractor Requirements Documents (CRDs) that have been incorporated into a contract remain in effect throughout the term of the contract unless and until the contract or regulatory commitment is modified to either eliminate requirements that are no longer applicable or substitute a new set of requirements. 3. DEPARTMENTAL APPLICABILITY. a. Departmental Elements. Except for the exemptions in Paragraph 3.c., this Order applies to all DOE elements. (1) The Administrator of the National Nuclear Security Administration (NNSA) must ensure that NNSA employees comply with their responsibilities under this directive. Nothing in this directive should be construed to interfere with the NNSA Administrator’s authority under Section 3212(d) of Public Law (P.L.) 106-65, National Defense Authorization Act for Fiscal Year 2000, to establish Administration- specific policies, unless disapproved by the secretary. (2) For purposes of clarity, the DOE acronym in this Order includes both NNSA and non-NNSA organizations within DOE, unless otherwise noted. When necessary, a clear distinction will be made between NNSA and non-NNSA organizations within DOE. b. DOE Contractors. The CRD, Attachment 1, must be included in all site/facility management contracts that authorize contractors to perform reimbursable work for DHS unless an exemption in paragraph 3.c applies. DOE O 484.1A 2 DOE O 484.1A 08-05-2026 c. Equivalencies/Exemptions for DOE O 484.1. (1) Exemptions. This Order and the attached CRD do not apply to work performed for DHS under the following situations: The work is performed on a reimbursable basis under DOE O 481.1E, Strategic Partnership Projects [Formerly Known as Work for Others (Non- Department of Energy Funded Work)], current version. (a) The work is performed under an agreement with the private sector or other agencies, regardless of whether the funds originated with DHS. (b) Work performed by the Bonneville Power Administration. (2) Equivalency. In accordance with the responsibilities and authorities assigned by Executive Order (E.O.) 12344, Naval Nuclear Propulsion Program, codified at 50 USC § 2406, Deputy Administrator for Naval Reactors, and § 2511 and to ensure consistency throughout the joint Navy/DOE Naval Nuclear Propulsion Program, the Deputy Administrator for Naval Reactors (Director) will implement and oversee requirements and practices pertaining to this Directive for activities under the Director's cognizance, as deemed appropriate.

Section 2

4. REQUIREMENTS. It is Departmental policy that DOE resources will be made available to DHS consistent with 6 U.S.C. § 189, Utilization of Department of Energy national laboratories and sites in support of homeland security activities, which authorizes DHS to access the capabilities of DOE’s laboratories and other sites to further DHS mission objectives. In addition, DOE will provide access to its facilities under the terms of the Memorandum of Agreement Between Department of Energy and Department of Homeland Security (Attachment 2) and the Master Interagency Agreement No. HSHQDC-09-X-00011, dated October 16, 2008, and Appendix thereto (Standard Terms and Conditions), revised January 25, 2011. a. All DHS reimbursable work conducted under a DOE site/facility management contract requires the approval of a DOE Responsible Contracting Officer (RCO). With the exception of reimbursable work performed under an RCO approved master scope of work, approval may not be delegated to the contractor. b. The DOE/NNSA Program Secretarial Officer or designee may approve work performed at Headquarters. c. DHS-funded work at a DOE national laboratory or site will be performed on an equal basis to other missions at the laboratory or site. DOE O 484.1A 3 08-05-2026 d. Unless otherwise noted in this Order, all DHS reimbursable work will be performed consistently with the terms and conditions set forth in the applicable DOE site/facility management contracts and will be subject to other DOE approvals consistent with DOE work. A DOE contractor’s compliance with its management contract and DOE regulations, policies, orders, and directives that are functionally equivalent to DHS’s shall be deemed to satisfy the contractor’s regulatory compliance obligations under an interagency agreement. This includes security clearances, background investigations, reporting requirements, data, privacy, and information protection and security. e. DHS is responsible for all costs a DOE contractor incurs while performing work for DHS under DOE O 484.1, including third party costs determined allowable under the contract and consistent with the DHS approved scope of work. Contractors shall report costs using their standard cost reporting format, which may differ from those DHS requires of its contractors under different contracting arrangements. Any proposed deviations from a contractor’s usual cost reposting standards or format shall be communicated and adequately justified to the contractor and adopted in the applicable interagency agreement prior to commencement of work. f. DOE must base its review and approval of DHS reimbursable work on a DHS, DOE, or DOE contractor-prepared project proposal that clearly describes the agreed-to statement of work. g. DHS reimbursable work must: (1) Be within the DOE site/facility contract scope and in accordance with the terms and conditions of the contract; (2) Not propose work that requires a DOE contractor to incur costs or long- term liabilities that create an unfunded burden on DOE facilities and resources; and (3) Be consistent with applicable laws and regulations. h. Work will be priced in accordance with DOE O 522.1, Pricing of Departmental Materials and Services, current version, and the pricing provisions applicable to DHS work. i. Equipment acquired as part of a project must be accounted for in accordance with the DOE Financial Management Handbook and maintained consistent with Federal Acquisition Regulation (FAR) 45.103(b) in the same manner as DOE property. Disposition of equipment must be as previously agreed or as instructed by DHS. Equipment shipping costs are the responsibility of DHS.

Section 3

j. Special access program (SAP) work requires the approval of the DOE SAP Oversight Committee before the start of work at any DOE or NNSA site/facility. Intelligence-related SAPs will be reviewed and approved by the Director, Office of Intelligence and Counterintelligence (DOE-IN). 4 DOE O 484.1A 08-05-2026 k. DHS reimbursable work activities involving human subjects, including research that is classified, whether performed domestically or in an international environment, can begin only if they are conducted in compliance with federal regulations and DOE requirements for human subject protection. l. Before initiating DHS construction exceeding the DOE approved minor construction threshold as referenced in the DOE Financial Management Handbook at a DOE site: (1) Approval must be granted by the DOE Cognizant Secretarial Officer (CSO), 5.i.(2), and the DOE Chief Financial Officer (CFO), 5.b.(2). The CFO must be notified seven days in advance of approval of a construction project funded through a DHS agreement that exceeds $1 million but is less than the DOE-approved minor construction limit. (2) For an NNSA site, approval for DHS construction exceeding the DOE-approved minor construction limit must be granted by the Associate Administrator for Infrastructure, 6.c.; the Associate Administrator for Management and Budget, 6.b.(4); and the cognizant NNSA Deputy Administrator, 6.f.; and notification provided to the NNSA Director, Office of Deputy Associate Administrator for Budget, 6.b.(4), before work can begin. (3) DOE's minor construction authority does not apply to DHS funding. DHS is responsible for determining that the requested construction represents a valid purpose for DHS funding. (4) Projects must meet the following requirements: (a) Construction projects must be performed according to the requirements of DOE O 413.3B, Program and Project Management for the Acquisition of Capital Assets, current version. (b) Upon completion, title to constructed assets must vest in DOE/NNSA unless otherwise approved by the Head of the Departmental Element, the CFO, and the Senior Real Property Officer or NNSA Real Estate Director. (c) Construction funded through DHS agreements must not supplement DOE-funded construction activities unless the DHS-funded portion of the construction effort is explicitly approved by the CFO. m. In operating DOE Federally Funded Research and Development Centers (FFRDCs) or other facilities, a contractor may not respond to DHS Requests for Proposals or other DHS solicitations that involve head-to-head competition with the private sector as an offeror, team member, or subcontractor to an offeror. DOE O 484.1A 5 08-05-2026 n. Unless prohibited by DHS policy, when these requirements are met and following notification to the cognizant field office, a DOE site/facility management contractor operating an FFRDC or other DOE site/facility may respond to DHS Broad Agency Announcements, financial assistance solicitations, and similar DHS solicitations that do not result in head-to-head competition with the private sector, subject to the requirements of this Order. These solicitations must meet the following requirements: (1) Announcements must be general research announcements used for the acquisition of basic or applied research to further advance scientific knowledge or understanding rather than focus on a specific system or hardware solution; (2) Evaluation and selection must be performed through a merit or peer review process using pre-established general selection criteria; and

Section 4

(3) Primary basis for selection must be technical approach, importance to the Agency, and funds availability. o. DHS, as the requesting agency, will determine whether the transaction is an Assisted Acquisition. For DHS agreements defined by DHS as an Assisted Acquisition, DHS must provide on or with the interagency agreement (e.g., General Terms and Conditions or Funding Order) the following statement: DHS, as the requesting agency, has determined that this transaction is an Assisted Acquisition as described in FAR Subpart 17.5. DHS, as the requesting agency, and DOE, as the servicing agency, will ensure compliance with FAR 17.5 and applicable Assisted Acquisition provisions by applying their respective policies and procedures with other federal agencies, including DOE O 484.1. DHS work will be conducted under the terms and conditions of the DOE site/facility contract on a reimbursable basis, consistent with 6 U.S.C § 189. DOE contractors must comply with applicable requirements in their site/facility contracts when performing such work. DOE will perform work by and through its site/facility management contractor. Prior to executing a site/facility management contract, DOE complies with all the acquisition requirements for such contracts, (e.g. ,market research, acquisition plans) and will not reexamine those matters for individual interagency agreements. The DOE RCO may, at the request of the DHS, negotiate additional terms and conditions only when (1) such requests are not in conflict with the DOE site/facility contract and (2) all costs are recovered from DHS. By signing the interagency agreement, both parties certify compliance with their respective duties and obligations under FAR 17.5. p. No interagency agreement between DOE and DHS shall be deemed or interpreted to create a contractual relationship between DHS and any DOE site/facility management contractor operating an FFRDC or other DOE site/facility. The DOE site/facility management contractors are not contractors of DHS. 6 DOE O 484.1A 08-05-2026 5. RESPONSIBILITIES—NNSA AND NON-NNSA ENTITIES WITHIN DOE. The responsibilities of NNSA officials and officials in non-NNSA entities within DOE are as set forth in paragraphs 5 and 6 of DOE O 481.1E, or successor. 6. INVOKED STANDARDS. This Order does not invoke any DOE technical standards or industry standards as required methods. Any technical standard or industry standard that is mentioned in or referenced by this Order is not invoked by this Order. Note: DOE O 251.1D, Departmental Directives Program, Appendix J, provides a definition for “invoked technical standard.” 7. REFERENCES. a. 6 U.S.C. § 189, Utilization of Department of Energy national laboratories and sites in support of homeland security activities, which authorizes the Secretary of the DHS to use the DOE national laboratories and sites to perform work for the DHS on an equal basis to other missions at the laboratories/sites. b. P.L. 91-190, The National Environmental Policy Act of 1969, which encourages efforts to prevent or eliminate damage to the environment. c. P.L. 106-65, The National Defense Authorization Act for Fiscal Year 2000, which establishes NNSA responsibilities. d. Title 10 Code of Federal Regulations (CFR) § 745, Protection of Human Subjects, which sets out federal regulations for DOE for protecting human subjects of research activities. e. FAR 35.017, Federally Funded Research and Development Centers, which establishes government-wide policies for review and termination of FFRDCs.

Section 5

f. E.O. 12333, “United States Intelligence Activities,” Part 1.13, which establishes responsibilities for DOE to support the U.S. intelligence community (IC) by providing expert technical, analytical, and research capability to others within the IC and by anticipating how DOE can contribute to the formulation of intelligence collection and analysis requirements. g. DOE O 241.1, Scientific and Technical Information Management, current version, which establishes requirements and assigns responsibilities to ensure that scientific and technical information emanating from DOE research is appropriately identified, processed, disseminated, and preserved. h. DOE O 413.2, Laboratory Directed Research and Development, current version, which establishes DOE requirements for laboratory-directed research and development while providing laboratory director broad flexibility for program implementation. i. DOE O 413.3, Program and Project Management for the Acquisition of Capital Assets, current version, which establishes requirements and responsibilities for the acquisition of capital assets. DOE O 484.1A 7 08-05-2026 j. DOE O 430.1C, Real Property Asset Management, current version, which establishes a data-driven, risk-informed, performance-based approach to the life-cycle management of real property assets. k. DOE O 443.1, Protection of Human Subjects, current version, which establishes the procedures and responsibilities for implementing the policy and requirements set forth in 10 CFR § 745. l. DOE O 457.1, Nuclear Counterterrorism, current version, supports DOE activities for health, safety, and common defense by reducing the threat of inadvertent or unauthorized disclosure of sensitive improvised nuclear device information. m. DOE O 470.4B, Safeguards and Security Program, current version, which provides requirements for registering Safeguards and Security Program activities in DOE’s Safeguard and Security Information Management System. n. DOE O 471.1B, Identification and Protection of Unclassified Controlled Nuclear Information, current version, which provides requirements and responsibilities for identifying Unclassified Controlled Nuclear Information and protecting it from unauthorized dissemination o. DOE O 471.5, Special Access Programs, current version, which delineates policies, responsibilities, and procedures for SAP projects. p. DOE O 475.1, Counterintelligence Program, current version, which establishes DOE counterintelligence requirements and responsibilities. q. DOE O 475.2, Identifying Classified Information, current version, which specifies responsibilities, authorities, policies, and procedures for management of the DOE Classification System. r. DOE O 481.1, Strategic Partnership Projects [Formerly known as Work for Others (Non-Department of Energy Funded Work)], current version, which establishes policies, requirements, and responsibilities for the approval and performance of work for non-DOE/NNSA entities by DOE/NNSA and contractor personnel and for the use of DOE/NNSA facilities that is not directly funded by DOE/NNSA appropriations. s. DOE O 522.1, Pricing of Departmental Materials and Services, current version, which establishes requirements and assigns responsibilities for setting prices and charges for materials or services sold or provided by DOE either directly or through site/facility management contractors, to organizations and persons outside DOE/NNSA. 8 DOE O 484.1A 08-05-2026

Section 6

t. Department of Energy Financial Management Handbook, current version, Chapter 13.1, “Reimbursable Work and Interagency Agreements,” which establishes DOE-/NNSA-wide financial policy and procedural guidance for certain interagency reimbursable actions and reimbursable actions with non-DOE/non-NNSA entities. (https://www.energy.gov/cfo/financial- management-handbook) u. Department of Energy Financial Management Handbook, current version, Chapter 15.1, “DOE Application of Cost Accounting Standards,” which provides guidance for the proper allocation of Safeguards and Security costs to reimbursable work for DHS. v. “DOE Procedures for Intelligence Activities,” 1992, which provides supplemental guidance/requirements for the conduct of reimbursable intelligence work for the DHS. w. Secretary of Energy Delegation of Authority to the Director, Office of Intelligence and Counterintelligence. 8. DEFINITIONS. The following terms apply to DHS reimbursable work agreements performed by DOE, NNSA, and/or their contractors. a. Acceptance. Official signing of a DHS reimbursable agreement and funding document (i.e., interagency agreement). b. Cognizant Secretarial Officers/NNSA Principal Deputy Administrator. Headquarters Assistant Secretaries, Deputy Administrator, and Directors responsible for oversight or institutional management of DOE/NNSA facilities. c. DOE/NNSA Responsible Contracting Officer. A DOE/NNSA official with responsibility for administering the contract for the operation of a DOE/NNSA research or production site/facility. d. DOE/NNSA Site/Facility Management Contractors. Entities that operate and maintain government-owned facilities under contract with and for the benefit of DOE/NNSA. e. Field Intelligence Element (FIE). An intelligence component of the DOE-IN Field Intelligence Enterprise, which includes DOE/NNSA Site/Facility management Contractors and subcontractor employees located at DOE/NNSA facilities that provide products and services to DOE, the IC, and non-IC federal agencies. FIE Directors are approved by the Director of DOE-IN and have responsibility for compliance and oversight of all intelligence and intelligence-related DHS work at the DOE/NNSA site/facility in coordination with the Field Office Manager (FOM). DOE O 484.1A 9 08-05-2026 f. Heads of Field Elements/Site Office Managers. Officials who direct activities of DOE/NNSA field or site offices and field organizations reporting directly to Headquarters. NNSA FOMs serve as line management, site-level mission integrators, and as the authorizing officials for activities at the site on behalf of the Administrator. g. Human Subjects. Living individuals about whom a researcher obtains data through intervention or interaction with the individual or through identifiable information. h. Intelligence and Intelligence-Related Work. (1) Intelligence projects that are sponsored by an organization identified in E.O. 12333 as an element of the Intelligence Committee; that are funded by either the National Intelligence Program or the Military Intelligence Program; and are within the authorities of that organization in accordance with E.O. 12333, applicable U.S. laws, other Executive Orders, Presidential Directives, IC Directives, and DOE procedures for Intelligence activities. (2) Intelligence-related projects that are sponsored by non-IC federal agencies, regardless of appropriation type, utilizing DOE’s authorities under E.O. 12333, applicable U.S. laws, other Executive Orders, Presidential Directives, IC Directives, and DOE procedures for Intelligence Activities.

Section 7

(3) Activities for which the cognizant technical DOE Headquarters official is the Director, Office of Intelligence and Counterintelligence. i. Interagency Agreement. Provides the statement of work, terms and conditions, funding, billing, and payment data in support of a DHS reimbursable agreement. The format of a DHS interagency agreement is acceptable if it contains the appropriate elements as outlined in this Order. j. Program Secretarial Officers and Deputy NNSA Administrators. Headquarters Assistant Secretaries, Deputy Administrators, and staff office directors who have management responsibility for program planning, budgeting, and execution of DOE/NNSA mission program activities. k. Reimbursable Agreement. An agreement to perform work or provide a service to DHS on a reimbursable basis. l. Research. Systematic investigation, research development, testing, and evaluation designed to expand or contribute to general knowledge. 10 DOE O 484.1A 08-05-2026 m. Sponsor. An entity that provides funding for a reimbursable agreement. n. Reimbursable Work for the Department of Homeland Security. Work for DHS by DOE/NNSA and/or their contractors or use of DOE/NNSA facilities for work that is not directly funded by DOE/NNSA appropriations. 9. CONTACT. For additional information contact the DOE Office of Acquisition Management at (202) 287-1507, or the NNSA Office of Strategic Partnership Programs at (202) 586-1444. BY ORDER OF THE SECRETARY OF ENERGY: JAMES P. DANLY Deputy Secretary DOE O 484.1A Attachment 1 – CRD, Contractors Only 08-05-2026 Page 1-1 ATTACHMENT 1 CONTRACTOR REQUIREMENTS DOCUMENT Regardless of the performer of the work, the contractor is responsible for complying with the requirements of this Contractor Requirements Document (CRD) and flowing down, to the extent necessary, the CRD requirements to subcontractors at any tier to ensure contractor compliance. This CRD establishes requirements for Department of Energy (DOE) contractors, including National Nuclear Security Administration (NNSA) contractors, performing work and/or using DOE facilities to perform work directly funded by the Department of Homeland Security (DHS). To streamline agreement negotiation and acceptance, DOE/NNSA Responsible Contracting Officers (RCOs) are encouraged to enter into agencywide agreements with DHS Components to cover all work performed by DOE/NNSA Contractors, where such agreements can reduce the need for repeated negotiation of terms. Contractors will perform and administer DHS reimbursable work in accordance with the “Memorandum of Agreement between Department of Energy and Department of Homeland Security,” dated February 28, 2003, (Attachment 2) or amendments thereto and the Master Interagency Agreement No. HSHQDC-09-X-00011, executed October 16, 2008, and its Appendix, (Department of Homeland Security Standard Terms and Conditions for All Reimbursable Work Performed with Department of Energy Laboratories). The Master Interagency Agreement and its Appendix A shall be incorporated into all General Terms and Conditions (formerly 7600A) between DOE/NNSA and DHS and may only be modified by written agreement of authorized representatives of DOE/NNSA and DHS. Any additional interagency agreement provisions shall be set forth in a General Terms and Conditions for review and approval by the cognizant DOE/NNSA RCO. Provisions appearing in a statement of work shall not be deemed part of the interagency agreement.

Section 8

As directed by the contracting officer, the contractor must meet the following requirements. 1. Establish and maintain a management system that ensures reimbursable work for DHS requirements are satisfied. 2. Prepare project proposals that clearly describe the agreed-to statement of work, before DOE acceptance of funding. 3. Equipment acquired as part of a project must be accounted for and maintained in the same manner as DOE property. Contractors shall not be required to establish property management systems for DHS that are separate from their established procedures, practices, and systems used to account for and manage DOE property. Disposition of equipment must be as previously agreed or as instructed by DHS in the original funding order. Equipment shipping costs are the responsibility of DHS. DOE O 484.1A Attachment 2 – Federal Employees and Contractors 08-05-2026 Page 2-1 ATTACHMENT 2 FEDERAL EMPLOYEES AND CONTRACTORS Attachment 2 – Federal Employees and Contractors DOE O 484.1A Page 2-2 08-05-2026 DOE O 484.1A Attachment 2 – Federal Employees and Contractors 08-05-2026 Page 2-3 Attachment 2 – Federal Employees and Contractors DOE O 484.1A Page 2-4 08-05-2026 DOE O 484.1A Attachment 2 – Federal Employees and Contractors 08-05-2026 Page 2-5 Attachment 2 – Federal Employees and Contractors DOE O 484.1A Page 2-6 08-05-2026 DOE O 484.1A Attachment 2 – Federal Employees and Contractors 08-05-2026 Page 2-7 Attachment 2 – Federal Employees and Contractors DOE O 484.1A Page 2-8 08-05-2026 DOE O 484.1A Attachment 3 – Federal Employees and Contractors 08-05-2026 Page 3-1 ATTACHMENT 3 LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT COST INSTRUCTIONS Estimated laboratory-directed research and development (LDRD) costs (dollar amount rounded to nearest thousand) must be separately identified in Department of Homeland Security (DHS) project cost proposals. Section 309(f) of P.L. 107-296, Homeland Security Act of 2002, provides that “no funds authorized to be appropriated or otherwise made available to the Department [of Homeland Security] in any fiscal year may be obligated or expended for LDRD activities carried out by the Department of Energy (DOE) unless such activities support the missions of the DHS.” The DOE manages its LDRD program in a manner that will demonstrate that LDRD activities support DHS missions commensurate with the funding provided by DHS. The following language must be included in the cover letter accompanying a new and/or revised DHS proposal: Consistent with the Department of Energy’s (DOE’s) full cost recovery policy, DOE collects, as part of its standard indirect cost rate, a laboratory-directed research and development (LDRD) cost levied on all monies received at the laboratory. The estimated amount of LDRD costs is identified in the Department of Homeland Security (DHS) proposal cost estimate section. LDRD efforts provide opportunities in research that are instrumental in maintaining cutting-edge science capabilities that benefit all of the customers at the laboratory. DOE recognizes that Section 309(f) of P.L. 107-296, Homeland Security Act of 2002, provides that “no funds authorized to be appropriated or otherwise made available to the Department in any fiscal year may be obligated or expended for laboratory- directed research and development activities carried out by the DOE unless such activities support the missions of the DHS.” In accordance with DOE procedures, DHS will be apprised of the activities conducted under the LDRD program that supports DHS missions.

Section 9

The following language must be included in each DHS interagency agreement: Consistent with the Department of Energy’s (DOE’s) full cost recovery policy, DOE collects, as part of its standard indirect cost rate, a laboratory-directed research and development (LDRD) cost. Based on the amount of funds accepted for this project, $___________ represents an estimated amount that will be used for LDRD efforts. DHS agrees that LDRD efforts provide opportunities in research that are instrumental in maintaining cutting-edge science capabilities that benefit all of the customers at the laboratory. In addition, DOE manages its LDRD program in a manner that will demonstrate that LDRD activities support DHS mission areas commensurate with the funding provided by DHS. In providing funds to DOE to perform this work, DHS anticipates that such activities will support the missions of DHS and will be consistent with appropriations acts that provide its funds.

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