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RFQ 2022064 <br />(2) Information about this requirement is available at EPA's Comprehensive <br />Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- <br />procurement-guideline-cpg-program. <br />(3) The SURVEYOR also agrees to comply with all other applicable requirements <br />of Section 6002 of the Solid Waste Disposal Act. <br />E. Prohibition on Contracting for Covered Telecommunications Equipment or <br />Services: <br />(a) Definitions. As used in this clause, the terms backhaul; covered foreign <br />country; covered telecommunications equipment or services; interconnection <br />arrangements; roaming; substantial or essential component; and <br />telecommunications equipment or services have the meaning as defined in <br />FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for <br />Covered Telecommunications Equipment or Services (Interim), as used in this <br />clause— <br />(b) Prohibitions: (1) Section 889(b) of the John S. McCain National Defense <br />Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § <br />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 <br />funds on certain telecommunications products or from certain entities for national <br />security reasons. (2) Unless an exception in paragraph (c) of this clause applies, <br />the SURVEYOR and its subcontractors may not use grant, cooperative <br />agreement, loan, or loan guarantee funds from the Federal Emergency <br />Management Agency to: (i) Procure or obtain any equipment, system, or service <br />that uses covered telecommunications equipment or services as a substantial or <br />essential component of any system, or as critical technology of any system; (ii) <br />Enter into, extend, or renew a contract to procure or obtain any equipment, <br />system, or service that uses covered telecommunications equipment or services <br />as a substantial or essential component of any system, or as critical technology <br />of any system; (iii) Enter into, extend, or renew contracts with entities that use <br />covered telecommunications equipment or services as a substantial or essential <br />component of any system, or as critical technology as part of any system; or (iv) <br />Provide, as part of its performance of this contract, subcontract, or other <br />contractual instrument, any equipment, system, or service that uses covered <br />telecommunications equipment or services as a substantial or essential <br />component of any system, or as critical technology as part of any system. <br />(c) Exceptions. (1) This clause does not prohibit SURVEYORs from providing— <br />(i) A service that connects to the facilities of a third -party, such as backhaul, <br />roaming, or interconnection arrangements; or (ii) Telecommunications equipment <br />that cannot route or redirect user data traffic or permit visibility into any user data <br />or packets that such equipment transmits or otherwise handles.(2) By necessary <br />implication and regulation, the prohibitions also do not apply to: (i) Covered <br />telecommunications equipment or services that: i. Are not used as a substantial <br />or essential component of any system; and ii. Are not used as critical technology <br />of any system. (ii) Other telecommunications equipment or services that are not <br />considered covered telecommunications equipment or services. <br />(d) Reporting requirement. (1) In the event the SURVEYOR identifies covered <br />telecommunications equipment or services used as a substantial or essential <br />component of any system, or as critical technology as part of any system, during <br />contract performance, or the contractor is notified of such by a subcontractor at <br />any tier or by any other source, the SURVEYOR shall report the information in <br />Page 10 of 14 <br />