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H. 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 <br /> or essential component; and telecommunications equipment or services have the meaning as <br /> defined 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. <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 contractor and its <br /> subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the <br /> Federal Emergency 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 <br /> technology of any system; <br /> (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service <br /> that uses covered telecommunications equipment or services as a substantial or essential <br /> component of 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 <br /> technology 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 <br /> a 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 contractors 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 contractor identifies covered telecommunications equipment or services used <br /> as a substantial or essential component of any system, or as critical technology as part of any <br /> system, during contract performance, or the contractor is notified of such by a subcontractor at <br /> any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of <br /> this clause to the recipient or subrecipient, unless elsewhere in this contract are established <br /> 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 <br /> number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if <br /> known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model <br /> number (original equipment manufacturer number, manufacturer part number, or wholesaler <br /> number); item description; and any readily available information about mitigation actions <br /> undertaken or recommended. <br /> (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any <br /> further available information about mitigation actions undertaken or recommended. In addition, the <br /> Agreement-00520-13 <br />