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DocuSign Envelope ID:32FCA70E-8C9D-4D85-AOBE-B88413353B8B <br /> 168 <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 /> (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 /> 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 /> iii. Exceptions. This clause does not prohibit Subrecipient from providing <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 /> 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 /> b. Other telecommunications equipment or services that are <br /> not considered covered telecommunications equipment or <br /> services. <br /> 11 <br />