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clause—
<br />(b) Prohibitions: (1) Section 889(b) of the John S. McCain National Defense Authorization
<br />Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an
<br />executive agency on or after Aug -13, 2020, from obligating or expending grant, cooperative
<br />agreement, loan, or loan guarantee funds on certain telecommunications products or from
<br />certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this
<br />clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative
<br />agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency
<br />to: (i) Procure or obtain any equipment, system, or service that uses covered
<br />telecommunications equipment or services as a substantial or essential component of any
<br />system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to
<br />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; (iii) Enter into, extend, or renew contracts with entities that use
<br />covered telecommunications equipment or services as a substantial or essential component
<br />of any system, or as critical technology as part of any system; or (iv) Provide, as part of its
<br />performance of this contract, subcontract, or other contractual instrument, any equipment,
<br />system, or service that uses covered telecommunications equipment or services as a
<br />substantial or essential component of any system, or as critical technology as part of any
<br />system.
<br />(c) Exceptions. (1) This clause does not prohibit CONSULTANTs from providing—
<br />(i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or
<br />interconnection arrangements; or (ii) Telecommunications equipment that cannot route or
<br />redirect user data traffic or permit visibility into any user data or packets that such equipment
<br />transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions
<br />also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not
<br />used as a substantial or essential component of any system; and ii. Are not used as critical
<br />technology 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 CONSULTANT identifies covered
<br />telecommunications equipment or services used as a substantial or essential component of
<br />any system, or as critical technology as part of any system, during contract performance, or
<br />the contractor is notified of such by a subcontractor at any tier or by any other source, the
<br />CONSULTANT shall report the information in paragraph (d)(2) of this clause to the recipient
<br />or subrecipient, unless elsewhere in this contract are established procedures for reporting
<br />the information.(2) The CONSULTANT shall report the following information pursuant to
<br />paragraph (d)(1) of this clause: (i) Within one business day from the date of such
<br />identification or notification: The contract number; the order number(s), if applicable;
<br />supplier name; supplier unique entity identifier (if known); supplier Commercial and
<br />Government Entity (CAGE) code (if known); brand; model number (original equipment
<br />manufacturer number, manufacturer part number, or wholesaler number); item description;
<br />and any readily available information about mitigation actions undertaken or recommended.
<br />(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this
<br />clause: Any further available information about mitigation actions undertaken or
<br />recommended. In addition, the CONSULTANT shall describe the efforts it undertook to
<br />prevent use or submission of covered telecommunications equipment or services, and any
<br />additional efforts that will be incorporated to prevent future use or submission of covered
<br />telecommunications equipment or services.
<br />(e) Subcontracts. The CONSULTANT shall insert the substance of this clause, including this
<br />paragraph (e), in all subcontracts and other contractual instruments.
<br />F. Domestic Preference for Procurements: As appropriate, and to the extent consistent with
<br />law, the CONSULTANT should, to the greatest extent practicable, provide a preference for
<br />the purchase, acquisition, or use of goods, products, or materials produced in the United
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