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Sample Agreement <br />K. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 <br />U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining <br />to the contract. <br />L. Affirmative Steps: CONTRACTOR shall take the following affirmative steps to ensure minority business, <br />women's business enterprises and labor surplus area firms are used when possible: <br />(1) Placing qualified small and minority businesses and women's business enterprises on solicitation <br />lists. <br />(2) Ensuring that small and minority businesses, and women's business enterprises are solicited <br />whenever they are potential sources. <br />(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit <br />maximum participation by small and minority businesses, and women's business enterprises. <br />(4) Establishing delivery schedules, where the requirement permits, which encourage participation by <br />small and minority businesses, and women's business enterprises. <br />(5) Using the services and assistance of the Small Business Administration and the Minority Business <br />Development Agency of the Department of Commerce. <br />M. Prohibition on Contracting for Covered Telecommunications Equipment or Services: <br />(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications <br />equipment or services; interconnection arrangements; roaming; substantial or essential component; and <br />telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, <br />Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services <br />(Interim), as used in this clause— <br />(b) Prohibitions. <br />(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. <br />115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from <br />obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain <br />telecommunications products or from certain entities for national security reasons. <br />(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use <br />grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management <br />Agency to: <br />(i) Procure or obtain 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 of any system; <br />(ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses <br />covered telecommunications equipment or services as a substantial or essential component of any system, <br />or as critical technology of any system; <br />(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or <br />services as a substantial or essential component of any system, or as critical technology as part of any system; <br />or <br />(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any <br />equipment, system, or service that uses covered telecommunications equipment or services as a substantial <br />or essential component of any system, or as critical technology as part of any system. <br />(c) Exceptions. <br />(1) This clause does not prohibit contractors from providing— <br />(i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection <br />arrangements; or <br />(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any <br />user data or packets that such equipment transmits or otherwise handles. <br />E3 <br />