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recovered materials that are EPA-designated items unless the product cannot be acquired—Competitively within a
<br />timeframe providing for compliance with the contract performance schedule; Meeting contract performance
<br />requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designated items,
<br />is available at EPA’s Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive-
<br />procurement-guideline-cpg-program The Contractor also agrees to comply with all other applicable requirements of
<br />Section 6002 of the Solid Waste Disposal Act.”
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<br />11. Prohibition on Contracting for Covered Telecommunications Equipment or Services
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<br />Prohibitions.
<br />(a) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-
<br />232, and 2 C.F.R. § 200.216 prohibit the 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 certain telecommunications products or
<br />from certain entities for national security reasons.
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<br />(b) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant,
<br />cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
<br />i. Procure or 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 of any system.
<br />ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered
<br />telecommunications equipment or services as a substantial or essential component of any system, or as critical
<br />technology of any system.
<br />iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services
<br />as a substantial or essential component of any system, or as critical technology as part of any system; or
<br />iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment,
<br />system, or service that uses covered telecommunications equipment or services as a substantial or essential
<br />component of any system, or as critical technology as part of any system.
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<br />(c) Exceptions. This clause does not prohibit contractors from providing—
<br />(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection
<br />arrangements; or
<br />(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user
<br />data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and
<br />regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i.
<br />Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology
<br />of any system. (ii) Other telecommunications equipment or services that are not considered covered
<br />telecommunications equipment or services.
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<br />(d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services
<br />used as a substantial or essential component of any system, or as critical technology as part of any system, during
<br />contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the
<br />contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless
<br />elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report
<br />the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of
<br />such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier
<br />unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand;
<br />model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item
<br />description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within
<br />10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information
<br />about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it
<br />undertook to prevent use or submission of covered telecommunications equipment or services, and any additional
<br />efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or
<br />services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in
<br />all subcontracts and other contractual instruments.”
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<br />12. Domestic Preferences for Procurements
<br />Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should,
<br />to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or
<br />materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other
<br />manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel
<br />products, that all manufacturing processes, from the initial melting stage through the application of coatings,
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