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who in turn will forward the certification(s) to the awarding agency. <br />D.Procurement of Recycled/ Recovered Materials: (1) In the performance of this contract, the <br />CONSULTANT shall make maximum use of products containing recovered materials that are EPA - <br />designated items unless the product cannot be acquired—(i) Competitively within a timeframe <br />providing for compliance with the contract performance schedule; (ii) Meeting contract performance <br />requirements; or (iii) At a reasonable price. <br />(2) Information about this requirement is available at EPA's Comprehensive Procurement <br />Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- <br />program. <br />(3) The CONSULTANT also agrees to comply with all other applicable requirements of Section 6002 <br />of the Solid Waste Disposal Act. <br />E. 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 or <br />essential component; and telecommunications equipment or services have the meaning as defined <br />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: (1) Section 889(b) of the John S. McCain National Defense Authorization Act for <br />Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency <br />on or after 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. (2) Unless an exception in paragraph (c) of this clause applies, the CONSULTANT <br />and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from <br />the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or <br />service that uses covered telecommunications equipment or services as a substantial or essential <br />component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a <br />contract to procure or obtain any equipment, system, or service that uses covered <br />telecommunications equipment or services as a substantial or essential component of any system, or <br />as critical 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 of any <br />system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of <br />this contract, subcontract, or other contractual instrument, any equipment, system, or service that <br />uses covered telecommunications equipment or services as a substantial or essential component of <br />any system, or as critical technology as part of any 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 redirect <br />user data traffic or permit visibility into any user data or packets that such equipment transmits or <br />otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply <br />to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or <br />essential component of any system; and ii. Are not used as critical technology of any system. (ii) <br />Other telecommunications equipment or services that are not considered covered <br />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 any <br />system, or as critical technology as part of any system, during contract performance, or the <br />contractor is notified of such by a subcontractor at any tier or by any other source, the CONSULTANT <br />shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless <br />elsewhere in this contract are established procedures for reporting the information.(2) The <br />CONSULTANT shall report the following information pursuant to paragraph (d)(1) of this clause: (i) <br />Within one business day from the date of such identification or notification: The contract number; <br />the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); <br />2023015 Agreement - 12 <br />