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<br /> <br />Hazard Mitigation Page 46 FEMA-DR-4393-0042 Orange County <br />Grant Agreement <br />D-23 <br /> <br />(b) Prohibitions. <br /> <br />(1) Section 889(b) of the John S. McCain National Defense Authorization <br />Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 <br />prohibit the head of an executive agency on or after Aug. 13, 2020, from <br />obligating or expending grant, cooperative agreement, loan, or loan <br />guarantee funds on certain telecommunications products or from certain <br />entities for national security reasons. <br /> <br />(2) Unless an exception in paragraph (c) of this clause applies, the <br />contractor and its subcontractors may not use grant, cooperative agreement, <br />loan, or loan guarantee funds from the Federal Emergency Management <br />Agency to: <br /> <br />(i) Procure or obtain any equipment, system, or service that uses <br />covered telecommunications equipment or services as a substantial <br />or essential component of any system, or as critical technology of <br />any 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 <br />covered telecommunications equipment or services as a substantial <br />or essential component of any system, or as critical technology as <br />part of any system; or <br /> <br />(iv) Provide, as part of its performance of this contract, subcontract, <br />or other contractual instrument, any equipment, system, or service <br />that uses covered telecommunications equipment or services as a <br />substantial or essential component of any system, or as critical <br />technology as part of any system. <br /> <br />(c) Exceptions. <br /> <br />(1) This clause does not prohibit contractors from providing— <br /> <br />(i) A service that connects to the facilities of a third-party, such as <br />backhaul, roaming, or interconnection arrangements; or <br /> <br /> <br />DocuSign Envelope ID: 26D0940B-F66D-4866-9C70-60056804E991DocuSign Envelope ID: B94E5F6B-897F-4461-A479-96F4BF459906DocuSign Envelope ID: 72D7F019-9C12-4921-8125-FCF8032A7011