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ORANGE COUNTY, NC <br />RFP No. 367-OC5430 <br />Design & Engineering Services - <br />Electric Vehicle Charging Stations <br />Grant Project <br />(4)Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal <br />Regulations (relating to export and import of nuclear equipment and material); <br />(5)Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part <br />121 of title 9 of such Code, or part 73 of title 42 of such Code; or <br />(6)Emerging and foundational technologies controlled pursuant to section 1758 of the Export <br />Control Reform Act of 2018 (50 U.S.C. 4817). <br />Interconnection arrangements means arrangements governing the physical connection of two or <br />more networks to allow the use of another's network to hand off traffic where it is ultimately <br />delivered (e.g., connection of a customer of telephone provider A to a customer of telephone <br />company B) or sharing data and other information resources. <br />Reasonable inquiry means an inquiry designed to uncover any information in the entity's <br />possession about the identity of the producer or provider of covered telecommunications <br />equipment or services used by the entity that excludes the need to include an internal or third- <br />party audit. <br />Roaming means cellular communications services (e.g., voice, video, data) received from a <br />visited network when unable to connect to the facilities of the home network either because <br />signal coverage is too weak or because traffic is too high. <br />Substantial or essential component means any component necessary for the proper function or <br />performance of a piece of equipment, system, or service. <br />(b)Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization <br />Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after <br />August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or <br />obtain, any equipment, system, or service that uses covered telecommunications equipment or <br />services as a substantial or essential component of any system, or as critical technology as part <br />of any system. The Contractor is prohibited from providing to the Government any equipment, <br />system, or service that uses covered telecommunications equipment or services as a substantial <br />or essential component of any system, or as critical technology as part of any system, unless an <br />exception at paragraph (c) of this clause applies or the covered telecommunication equipment or <br />services are covered by a waiver described in FAR 4.2104. <br />(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal <br />Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, <br />2020, from entering into a contract, or extending or renewing a contract, with an entity that uses <br />any equipment, system, or service that uses covered telecommunications equipment or services <br />as a substantial or essential component of any system, or as critical technology as part of any <br />system, unless an exception at paragraph (c) of this clause applies or the covered <br />telecommunication equipment or services are covered by a waiver described in FAR 4.2104. <br />This prohibition applies to the use of covered telecommunications equipment or services, <br />regardless of whether that use is in performance of work under a Federal contract. <br />(c) Exceptions. This clause does not prohibit contractors from providing— <br />(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or <br />interconnection arrangements; or <br />Docusign Envelope ID: C9F02BE8-AE2A-4BE1-874D-0AE2AA324629