; and (ii) will not adopt a policy, practice, guidance, or directive that discriminates against a firearm entity or firearm trade association during the term of the contract; and (B) structuring subcontract tiers in a manner designed to avoid violating subparagraph (A) by enabling a subcontractor to perform more than 10 percent of the total value of the prime contract as a lower-tier subcontractor. (3) Penalties The clause included in contracts pursuant to paragraph (1) or paragraph (2) shall provide that, in the event that the prime contractor violates the clause— (A) the prime contract shall be terminated for default; and (B) a suspension or debarment proceeding will be initiated for the contractor on the basis of the violation. (b) Exception Subsection (a) shall not apply to a contract for the procurement of goods or services that is a sole-source contract. (c) Definitions In this section: (1) Discriminate The term discriminate means to— (A) make a judgement about a policy, practice, guidance, or directive on the basis of— (i) partial criteria or a category-based assessment analysis, rather than— (I) on a case-by-case basis; or (II) using empirical data evaluated under quantifiable standards; or (ii) criteria other than criteria free from— (I) favoritism or prejudice against or dislike for the firearm entity or trade association or the products or services sold by the firearm entity or trade association; or (II) favoritism for market alternatives to the business of the firearm entity or the trade association; (B) refuse to provide services, or deny, cancel, or limit services, to the firearm entity or trade association on the basis of criteria other than— (i) criteria free from— (I) favoritism or prejudice against or dislike for the firearm entity or trade association or the products or services sold by the firearm entity or trade association; or (II) favoritism for market alternatives to the business of the firearm entity or the trade association