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FEMA funding will be used regardless of whether the funding is from FEMA declarations or awards <br />issued on or after November 12, 2020. <br />12.2 Suggested Language <br />The following provides a sample contract clause: <br />"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; <br />substantial or essential component; and telecommunications equipment or services have the <br />meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds <br />for Covered 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 <br />2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive <br />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 <br />from certain entities for national security reasons. <br />(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its <br />subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds <br />from the Federal Emergency Management Agency to: <br />(i) Procure or obtain any equipment, system, or service that uses covered <br />telecommunications equipment or services as a substantial or essential component of <br />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 <br />service that uses covered telecommunications equipment or services as a substantial <br />or essential component of any system, or as critical technology of any system; <br />(iii) Enter into, extend, or renew contracts with entities that use covered <br />telecommunications equipment or services as a substantial or essential component of <br />any system, or as critical technology as part of any system; or <br />(iv) Provide, as part of its performance of this contract, subcontract, or other contractual <br />instrument, any equipment, system, or service that uses covered telecommunications <br />equipment or services as a substantial or essential component of any system, or as <br />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, <br />or interconnection arrangements; or <br />172 <br />