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d. Equipment might require more than one waiver, The Subrecipient must contact the Department
<br />Key Personnel for assistance in identifiTing what waivers are needed and in seeking FEMA
<br />approval prior to acquisition.
<br />e. Equipment purchases (those with a current per-unit fair market value in excess of $5,000) must
<br />be identified and explained to the Department. Use, management, and disposition of such
<br />equipment is subject to requirements outlined in 2 CFR 200.313. Before making such purchases,
<br />the Subrecipient should analyze the cost benefits of purchasing versus leasing equipment,
<br />especially high-cost items and those subject to rapid technical advances.
<br />f. Unless expressly provided otheruuise, allequipment must meet allmandatory regulatory state and
<br />DHS/FEMA adopted standards to be eligible for purchase using federal award funds.
<br />g. lf funding is allocated to support emergency communications activities, the $ubrecipient must
<br />ensure that all projects comply with SAFECOM Guidance on Emergency Communications
<br />Grants, located at https://www.cisa.qov/safecom/fundinq, including provisions on technical
<br />standards that ensure and enhance interoperable communications.
<br />h. Etfective August 13,202Q, FEMA recipients and subrecipients, as well as their contractors and
<br />subcontractors, may not obligate or expend any FEMA award funds to:
<br />i. Procure or obtain any equipment, system, or service that uses covered telecommunieations
<br />equipment or services as a substantial or essential component of any system, or as critical
<br />technology of any system;
<br />ii. Enter into, extend, or renew a conlract to procure or obtain any equipment, system, or
<br />service that uses covered telecommunications equipment or serviees as a substantial or
<br />essential component of any system, or as critical technology of any system; or
<br />iii. Enter into, extend, or renew contracts with entities that use covered telecommunications
<br />equipment or services as a substanlial or essential component of any system, or as critical
<br />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 Jahn S. McCain NationalDefense Authorization Act
<br />far Fiscal Year 2019 (FY 2019 NDAA), Pub. L. Na. 115-232 (2018) and 2 CFR 200,216, 240.327,
<br />2A0.471, and Appendix ll to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant
<br />funding to procure replacement equipment and services impacted by this prohibition, provided
<br />the costs are othenruise consistent with the requirements of the Manual and the NOF0.
<br />Per subsections 889(0(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
<br />telecommunicalions equipment or services means:
<br />i. Telecommunications equipment produced by Huawei Technologies Company or ZTE
<br />Corporation, (or any subsidiary or affiliate of such entities);
<br />ii. For the purpose of public safety, security of government facilities, physical security
<br />surveillance of critical infrastructure, and other natlonal security purposes, video
<br />surveillance and telecommunications equipment produced by Hytera Communications
<br />Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
<br />Company (or any subsidiary or affiliate of such entities)
<br />iii. Telecommunications or video surveillance services provided by such entities or using such
<br />equipment; or
<br />iv. Telecommunications or video surveillance equipment or services produced or provided by
<br />an entity that the $ecretary of Defense, in consultation with the Director of National
<br />lntelligence or the Director of the Federal Bureau of lnvestigation, reasonably believes to be
<br />an entity owned or controlled by, or otherwise connected to, the government of a covered
<br />foreign country.
<br />i, For OPSG $ubrecipients, items budgeted as equipment in an approved Operations Order should
<br />be marked prominently with "Purchased with DH$ funds for Operation Stonegarden Use" when
<br />practicable.
<br />DHS-FEMA-HSGP-SHSP-FY24 Page 7 of 48 Kittitas County,825-224
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