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2022-167
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2022-167
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Last modified
10/6/2022 10:55:39 AM
Creation date
10/6/2022 10:52:07 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/13/2022
Control Number
2022-167
Agenda Item Number
8.X.
Entity Name
Southern Management, LLC
Subject
Agreement for Annual Maintenance of Spoonbill Marsh
Constructed Wetland System, 1300 57th Street, RFP 2022071
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K. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor <br />acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) <br />applies to its actions pertaining to the contract. <br />L. Prohibition on Contracting for Covered Telecommunications Equipment or Services: <br />(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 guarantee <br />funds on certain telecommunications products or from certain entities for national security <br />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 service <br />that uses covered telecommunications equipment or services as a substantial or essential <br />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 equipment <br />or services as a substantial or essential component of any system, or as critical technology as part <br />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 />i. 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 used <br />as a substantial or essential component of any system, or as critical technology as part of any <br />system, during contract performance, or the contractor is notified of such by a subcontractor at <br />I? <br />
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