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11 <br /> <br /> <br /> <br />a. Section 889(b) of the John S. McCain National Defense Authorization Act <br />for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit <br />the head of an executive agency on or after Aug.13, 2020, from obligating <br />or expending grant, cooperative agreement, loan, or loan guarantee funds <br />on certain telecommunications products or from certain entities for national <br />security reasons. <br /> <br />b. Unless an exception in paragraph (c) of this clause applies, the Provider and <br />its subcontractors may not use grant, cooperative agreement, loan, or loan <br />guarantee federal funds to: <br /> <br />i. Procure or obtain any equipment, system, or service that uses covered <br />telecommunications equipment or services as a substantial or <br />essential component of any system, or as critical technology of any <br />system; <br /> <br />ii. Enter into, extend, or renew a contract to procure or obtain any <br />equipment, system, or service that uses covered telecommunications <br />equipment or services as a substantial or essential component of any <br />system, or as critical technology of any system; <br /> <br />iii. Enter into, extend, or renew contracts with entities that use covered <br />telecommunications equipment or services as a substantial or <br />essential component of any system, or as critical technology as part <br />of any system; or <br /> <br />1. Provide, as part of its performance of this contract, <br />subcontract, or other contractual instrument, any equipment, <br />system, or service that uses covered telecommunications <br />equipment or services as a substantial or essential component <br />of any system, or as critical technology as part of any system. <br /> <br />c. Exceptions. <br /> <br />i. This clause does not prohibit Providers from providing— <br /> <br />1. A service that connects to the facilities of a third-party, such <br />as backhaul, roaming, or interconnection arrangements; or <br /> <br />2. Telecommunications equipment that cannot route or redirect <br />user data traffic or permit visibility into any user data or <br />packets that such equipment transmits or otherwise handles. <br /> <br />ii. By necessary implication and regulation, the prohibitions also do not <br />apply to: <br />DocuSign Envelope ID: F7FEC736-FE89-4096-94AC-8EE59C5D0A47