Section 889 ("Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment") is part of the Fiscal Year 2019 National Defense Authorization Act (NDAA). There are two prohibitions in the legislation, Part A and Part B.
Part A prohibits the government from obtaining (through a contract or other instrument) certain telecommunications equipment (including video surveillance equipment) or services produced by the following covered entities and their subsidiaries and aﬃliates:● Huawei Technologies Company ● ZTE Corporation ● Hytera Communications Corporation ● Hangzhou Hikvision Digital Technology Company ● Dahua Technology Company The Department of Defense has the authority to add additional companies to this list.Part A has been added to the Federal Acquisition Regulation (FAR) at FAR subpart 4.21. Note that the Part A ban also applies to commercial items (FAR 12.301(d)(6)) and micro-purchases (FAR 13.201(j)). Have questions about GSA’s implementation of Section 889? See GSA's 889 Part A Q&As
New Supply Chain Risk Management Rule Impacts ALL Contracts… Are You Prepared?
GSA Industry Partners,
On July 14, 2020, a new FAR Rule was published to the Federal Register. This rule, effective August 13, 2020, prohibits the US Government from entering into, or extending or renewing, a contract with an entity that uses prohibited telecommunication equipment or services. The FAR case implements Section 889 Part B of the FY 2019 National Defense Authorization Act in order to combat national security and intellectual property threats. More information about Section 889 Part B and the FAR Rule is available in this Flyer.
IMPORTANT! Effective August 13, 2020, orders may not be placed under indefinite delivery vehicle contracts until the contract has been modified to incorporate the revised FAR clause 52.204-25. Please be prepared to quickly accept the modification upon receipt on, or soon after, August 13, 2020.
GSA is preparing implementation guidance and instructions. GSA invites industry to participate in a live and recorded virtual webinar on August 12, 2020 1:00 p.m. EDT. Register HERE.
1. This webinar is comprised of leaders from GSA's business lines who will explain how they are implementing Section 889 in their specific business lines2. Panelists will also answer questions that have been pre-collected from industry3. Please send in your questions no later than 5:00 p.m. EDT, August 5, 2020 to email@example.com.
Please continue to check GSA's Acqusition.gov page often to see updates and additional resources.