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2022-056A
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Last modified
6/1/2023 1:45:44 PM
Creation date
6/1/2023 1:44:06 PM
Metadata
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Template:
Official Documents
Official Document Type
Amendment
Approved Date
03/15/2022
Control Number
2022-056A
Agenda Item Number
8.L.
Entity Name
Debris Tech, LLC
Subject
First Extension and Amendment to Agreement for disaster debris monitoring services
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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 or <br />essential component; and telecommunications equipment or services have the meaning as defined in <br />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 reasons. <br />(2) Unless an exception in paragraph (c) of this clause applies, the Consultant and its subcontractors <br />may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency <br />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 technology <br />of any system; <br />(ii) Enter into, extend, or renew a contract to procure or obtain 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 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 technology <br />as part of any system; or <br />(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, <br />any equipment, 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 system. <br />(c) Exceptions. <br />(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 <br />(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility <br />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 Consultant identifies covered telecommunications equipment or services used as a <br />substantial or essential component of any system, or as critical technology as part of any system, <br />during contract performance, or the Consultant is notified of such by a subcontractor at any tier or by <br />any other source, the Consultant shall report the information in paragraph (d)(2) of this clause to the <br />recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the <br />information. <br />(2) The Consultant shall report the following information pursuant to paragraph (d)(1) of this clause: <br />
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