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g. <br />Procure or obtain any equipment, system, or service that uses covered <br />telecommunications equipment or services as a substantial or essential <br />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, <br />or service that uses covered telecommunications equipment or services as a <br />substantial or essential component of any system, or as critical technology of any <br />system; or <br />Enter into, extend, or renew contracts with entities that use covered <br />telecommunications equipment or services as a substantial or essential <br />component of any system, or as critical technology as part of any system. <br />This prohibition regarding certain telecommunications and video surveillance services or <br />equipment is mandated by section 889 of the John S. McCain National Defense <br />Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018). <br />Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement <br />equipment and services impacted by this prohibition, provided the costs are otherwise <br />consistent with the requirements of the Manual and applicable NOFO. <br />Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered <br />telecommunications equipment or services means: <br />iv. Telecommunications equipment produced by Huawei Technologies Company or <br />ZTE Corporation (or any subsidiary or affiliate of such entities); <br />v. For the purpose of public safety, security of government facilities, physical security <br />surveillance of critical infrastructure, and other national security purposes, video <br />surveillance and telecommunications equipment produced by Hytera <br />Communications Corporation, Hangzhou Hikvision Digital Technology Company, <br />or Dahua Technology Company (or any subsidiary or affiliate of such entities); <br />vi. Telecommunications or video surveillance services provided by such entities or <br />using such equipment; or <br />vii. Telecommunications or video surveillance equipment or services produced or <br />provided by an entity that the Secretary of Defense, in consultation with the <br />Director of National Intelligence or the Director of the Federal Bureau of <br />Investigation, reasonably believes to be an entity owned or controlled by, or <br />otherwise connected to, the government of a covered foreign country. <br />The Subrecipient must pass through equipment and supply management requirements <br />that meet or exceed the requirements outlined above to any non-federal entity to which <br />the Subrecipient makes a subaward under this Agreement. <br />5. ENVIRONMENTAL AND HISTORICAL PRESERVATION <br />a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental <br />Planning and Historic Preservation (EHP) program. EHP program information can be <br />found at https://www.fema.gov/grants/guidance-tools/environmental-historic all of which <br />are incorporated in and made a part of this Agreement. <br />b. Projects that have historical impacts or the potential to impact the environment, including, <br />but not limited to, construction of communication towers; modification or renovation of <br />existing buildings, structures and facilities; or new construction including replacement of <br />facilities, must participate in the DHS/FEMA EHP review process prior to initiation. <br />Modification of existing buildings, including minimally invasive improvements such as <br />attaching monitors to interior walls, and training or exercises occurring outside in areas <br />not considered previously disturbed, also require a DHS/FEMA EHP review before project <br />initiation. <br />c. The EHP review process involves the submission of a detailed project description that <br />includes the entire scope of work, including any alternatives that may be under <br />consideration, along with supporting documentation so FEMA may determine whether the <br />DHS-FEMA-EMPG-FY22 <br />Page 7 of 39 City of Everett, E23-372 <br />