The US government has released the rules implementing the "Prohibition on Contracting with Entities Using" Dahua, Hikvision, and Huawei based products.
This is the so-called 'blacklisting' clause and follows the GSA ordering government contractors to immediately remove Dahua and Hikvision products. This new 86-page regulation is technically marked as an 'interim' and 'prepublication' though the government is not even accepting comments on this until after the official version is published.
This goes into effect 1 month from today, on August 13, 2020.
In this post, IPVM takes a detailed look at this important rule, including:
- Blacklisting Applies "Regardless" Of Federal Contract-Related
- Public Comment Once Rule Published In Federal Register
- "Reasonable Inquiry" Mandated
- What Does "Uses" Mean? No Details
- Maintenance Of Banned Items Considered "Covered Services"
- Integrators Maintaining Hikuawei Products Effectively Blacklisted
- No Clear Rule on What to Do About Existing Equipment
- Banned OEM Disclosure Required
- Maintenance Services Require Disclosure As Well
- Inaccurate Statements to Government Constitute "Breach of Contract"
- "Backhaul" and "Roaming" Exceptions Don't Apply to Contractors
- Waivers Take "At Least A Few Weeks", So Maybe Just Use Someone Else, Gov Says
- Prime Contractor Affected
- COTS, Micro-Purchases Covered
- Government Considering Expanding Blacklist Clause to Affiliates, Parents, Subsidiaries
- "Significant National Security Benefits", Calls Out China
- UPDATE: SIA Response