With the 'Blacklist Clause' going into effect August 13 that bans the US government from doing business with anyone who "uses" Hikvision/Dahua/Huawei HiSilicon equipment and services, the GSA has now provided detailed answers.
During the webinar, GSA addressed topics many integrators have been asking about, such as whether selling banned items is considered "use", whether a single employee using a banned item at home counts, how easy it is to get a waiver, the status of pre-installed equipment, and more.
Overall, the GSA's responses indicate the government intends a broad and thoroughly-implemented ban with little evidence of major loopholes/compromises with industry.
In this post, we summarize the GSA's responses on the following topics:
Does Selling Count as "Use"?
Enforcement Mechanism For Blacklist Clause
GSA on Waivers: "Very High Bar", "Very Narrow", "Hurdles Quite High"
Some Waivers Effectively Delayed Implementation, Not Really Waivers
Blacklist Clause Applies to All Federal Contractors, Even Shovel Providers
"You Have to Include" Equipment from Subcontractors
What About An Employee Using a Huawei Cellphone?
Leased Equipment "Not Absolved"
Foreign Branches Not Exempt
One Day To Report If Banned Equipment Discovered Post-Award
"Doesn't Matter" How Old Equipment Is
What About Completed Contracts?
GSA On Avoiding Component Risk: "You Have to Conduct A Reasonable Inquiry"
Additional Companies May Be Added
Examples of Non-Covered Equipment
Plus, we include the full audio recording and transcript so you can easily scan the exact language the GSA used.