GENERAL SERVICES ADMINISTRATION (2)

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Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system or service. (b) Prohibition Subsection 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in connection with any work under a Federal contract. Nothing in the prohibition shall be construed to -- (1) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third -party, such as backhaul, roaming or interconnection arrangements; or (2) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Prospective Licensee must review the Excluded Parties List in the System for Award Management (https://www.sam.ciov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services." (d) Representations. The Prospective Licensee represents that (1) It ❑ will, ® will not utilize covered telecommunications equipment or services in connection with any contract, subcontract or other contractual instrument, regardless of whether that use is in connection with any work under a Federal contract. The Prospective Licensee must provide the additional disclosure information required at subparagraph (e)(1) of this section, if the Prospective Licensee responds "will' in subparagraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Prospective Licensee represents that -- It ❑ does, Y does not use covered telecommunications equipment or services, or use any equipment, system or service that uses covered telecommunications equipment or services. The Prospective Licensee must provide the additional disclosure information required at subparagraph (e)(2) of this section, if the Prospective Licensee responds "does" in subparagraph (d)(2) of this section. (a) Disclosures. (1) Disclosure for the representation in subparagraph (d)(1) of this provision. If the Prospective Licensee has responded "will' in the representation in subparagraph (d)(1) of this provision, the Prospective Licensee must provide the following information as part of the offer: (i) For covered equipment -- (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier (UEI), commercial and government entity (CAGE) code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in subparagraph (b) of this provision. PROSPECTIVE LICENSEE: GOVERNMENT: GSA 1582 (REV. 12/2021) PAGE 4