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ARPA Sourced 01/22 FINAL <br /> <br />b. Prohibitions. <br /> <br />i. 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 <br />head of an executive agency on or after Aug.13, 2020, from obligating or <br />expending grant, cooperative agreement, loan, or loan guarantee funds on <br />certain telecommunications products or from certain entities for national <br />security reasons. <br /> <br />ii. Unless an exception in paragraph (c) of this clause applies, the Provider and its <br />subcontractors may not use grant, cooperative agreement, loan, or loan <br />guarantee federal funds to: <br /> <br />1. Procure or obtain any equipment, system, or service that uses covered <br />telecommunications equipment or services as a substantial or essential <br />component of any system, or as critical technology of any system; <br /> <br />2. 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 />3. Enter into, extend, or renew contracts with entities that use covered <br />telecommunications equipment or services as a substantial or essential <br />component of any system, or as critical technology as part of any <br />system; or <br /> <br />4. Provide, as part of its performance of this contract, subcontract, or other <br />contractual instrument, any equipment, system, or service that uses <br />covered telecommunications equipment or services as a substantial or <br />essential component of any system, or as critical technology as part of <br />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 as <br />backhaul, roaming, or interconnection arrangements; or <br /> <br />2. Telecommunications equipment that cannot route or redirect user data <br />traffic or permit visibility into any user data or packets that such <br />equipment transmits or otherwise handles. <br /> <br />ii. By necessary implication and regulation, the prohibitions also do not appl y to: <br />1. Covered telecommunications equipment or services that: <br />DocuSign Envelope ID: F3A28892-36A4-4FDE-960C-CC48607EF8EE