|
member of Congress, officer or employee of Congress, or an employee of a member of Congress in
<br />connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. §
<br />1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection
<br />with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient
<br />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 />(4) 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 security
<br />reasons. (2) Unless an exception in paragraph (c) of this clause applies, the CONSULTANT and its
<br />subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the
<br />Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service
<br />that uses covered telecommunications equipment or services as a substantial or essential component
<br />of any 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 technology
<br />of any system; (iii) Enter into, extend, or renew contracts with entities that use covered
<br />telecommunications equipment or services as a substantial or essential component of any system, or
<br />as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract,
<br />subcontract, or other contractual instrument, 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 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 />() Reporting requirement. (1) In the event the CONSULTANT identifies covered telecommunications
<br />equipment or services used as a substantial or essential component of any system, or as critical
<br />technology as part of any system, during contract performance, or the contractor is notified of such by
<br />a subcontractor at any tier or by any other source, the CONSULTANT shall report the information in
<br />paragraph (d)(2) of this clause to the recipient or subrecipient, unless
<br />2023062 Agreement - 12
<br />
|