; (II) the person providing the communication is a current or potential counterparty or service provider to the plan in connection with any transaction based on the communication, but only if— (aa) the plan is represented, in connection with such transaction, by a plan fiduciary that is independent of the person providing the communication, and, except in the case of a swap (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ) or security-based swap (as defined in section 3(a) of the Securities Exchange Act ( 15 U.S.C. 78c(a) ))), independent of the plan sponsor; and (bb) prior to such transaction, the independent plan fiduciary represents in writing to the person providing the communication that it is aware that the person has a financial interest in the transaction and that it has determined that the person is not intending to provide investment advice within the meaning of this subparagraph or to otherwise act as a fiduciary to the plan subject to section 404; (III) the person providing the communication is an employee of any sponsoring employer or affiliate or employee organization who provides the communication to the plan for no fee or other compensation other than the employee’s normal compensation; (IV) the person providing the communication discloses in writing to the plan fiduciary that the person is not undertaking to provide investment advice as a fiduciary to the plan subject to section 404 and the communication consists solely of— (aa) making available to the plan, without regard to the individualized needs of the plan, securities or other property or investment products through a platform or similar mechanism from which a plan fiduciary may select or monitor investment alternatives; or (bb) in connection with a platform or similar mechanism described in item (aa)— (AA) identifying investment alternatives that meet objective criteria specified by the plan, such as criteria concerning expense ratios, fund sizes, types of asset, or credit quality