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11 <br /> <br />2 C.F.R. § 200.216 prohibit the head of an executive agency on or <br />after Aug. 13, 2020, from obligating or expending grant, <br />cooperative agreement, loan, or loan guarantee funds on certain <br />telecommunications products or from certain entities for national <br />security reasons. <br /> <br />(2) Unless an exception in paragraph (iii) of this clause applies, the <br />Subrecipient and its subcontractors may not use grant, <br />cooperative agreement, loan, or loan guarantee federal funds to: <br /> <br />a. Procure or obtain any equipment, system, or service that <br />uses covered telecommunications equipment or services <br />as a substantial or essential component of any system, or <br />as critical technology of any system; <br />b. Enter into, extend, or renew a contract to procure or obtain <br />any equipment, system, or service that uses covered <br />telecommunications equipment or services as a substantial <br />or essential component of any system, or as critical <br />technology of any system; <br />c. Enter into, extend, or renew contracts with entities that <br />use covered telecommunications equipment or services as <br />a substantial or essential component of any system, or as <br />critical technology as part of any system; or <br />d. Provide, as part of its performance of this contract, <br />subcontract, or other contractual instrument, any <br />equipment, system, or service that uses covered <br />telecommunications equipment or services as a substantial <br />or essential component of any system, or as critical <br />technology as part of any system. <br /> <br />iii. Exceptions. This clause does not prohibit Subrecipient from providing— <br /> <br />(1) A service that connects to the facilities of a third-party, such as <br />backhaul, roaming, or interconnection arrangements; or <br />(2) Telecommunications equipment that cannot route or redirect user <br />data traffic or permit visibility into any user data or packets that <br />such equipment transmits or otherwise handles. <br />(3) By necessary implication and regulation, the prohibitions also do <br />not apply to: <br /> <br />a. Covered telecommunications equipment or services that: <br />i. Are not used as a substantial or essential <br />component of any system; and <br />ii. Are not used as critical technology of any system. <br /> <br />b. Other telecommunications equipment or services that are <br />not considered covered telecommunications equipment or <br />services. <br /> <br />DocuSign Envelope ID: 32FCA70F-8C9D-4D85-A0BE-B88413353B8B