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(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered <br />telecommunications equipment or services; interconnection arrangements; roaming; substantial <br />or essential component; and telecommunications equipment or services have the meaning as <br />defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered <br />Telecommunications Equipment or Services (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, <br />Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after <br />Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan <br />guarantee funds on certain telecommunications products or from certain entities for national <br />security reasons. <br />(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its <br />subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from <br />the Federal Emergency Management Agency to: <br />(i) Procure or obtain any equipment, system, or service that uses covered telecommunications <br />equipment or services as a substantial or essential component of any system, or as critical <br />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 <br />essential 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 <br />equipment or services as a substantial or essential component of any system, or as critical <br />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 <br />interconnection arrangements; or <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 />L 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 contractor identifies covered telecommunications equipment or services <br />used as a substantial or essential component of any system, or as critical technology as part of <br />any system, during contract performance, or the contractor is notified of such by a <br />subcontractor at any tier or by any other source, the contractor shall report the information in <br />paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract <br />are established procedures for reporting the information. <br />(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this <br />clause: <br />