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2023-195
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2023-195
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2023-193
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2023-194
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on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in <br />this clause— <br />(b) Prohibitions. <br />(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115- <br />232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or <br />expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products <br />or from certain entities for national security reasons. <br />(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use <br />grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency <br />to: <br />(i) Procure or obtain 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 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 any system, <br />or as critical technology of any system; <br />(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment <br />or services as a substantial or essential component of any system, or as critical technology as part of any system; <br />or <br />(iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any <br />equipment, system, or service that uses covered telecommunications equipment or services as a substantial or <br />essential component of any system, or as critical technology as part 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 interconnection <br />arrangements; or <br />(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into <br />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 as a substantial <br />or essential component of any system, or as critical technology as part of any system, during contract <br />performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the <br />contractor 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. <br />(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: <br />(i) Within one business day from the date of such identification or notification: The contract number; the <br />order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial <br />and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, <br />manufacturer part number, or wholesaler number); item description; and any readily available information about <br />mitigation actions undertaken or recommended. <br />(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further <br />available information about mitigation actions undertaken or recommended. In addition, the contractor shall <br />describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or <br />0] <br />
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