prohibited activity | The Contracting Education Academy

Federal agencies, particularly the General Services Administration (GSA), continue to publish guidance relating to the prohibitions of Section 889 of the FY 2019 National Defense Authorization Act (NDAA).

Section 889 prohibits the federal government from obtaining, and federal contractors from using, certain telecommunications equipment and services offered by Chinese companies, such as Huawei and ZTE. Previous posts on Section 889 are available here, here, here, and here.

More recently, GSA published a series of resources for federal contractors, including webinar slides and an updated Frequently Asked Questions (FAQ) guide to provide details regarding GSA’s implementation of Section 889.

These resources give federal contractors insight into GSA’s strategy for implementing Section 889, and they help to resolve some of the ambiguities and administrative uncertainties contained in the interim rule.

Read some of the highlights from these resources at: https://www.mondaq.com/unitedstates/government-contracts-procurement-ppp/1013820/more-gsa-guidance-on-section-88939s-prohibition-on-contracting-with-entities-using-certain-telecommunications-equipment-and-services

The FAR Council released an Interim Rule in August implementing part of Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

In this briefing, we highlight points where the Interim Rule provides clarity; definitional issues that remain unresolved; and new procedural requirements that government contractors should track.

The Interim Rule covers the portion of Section 889, subsection (a)(1)(A), that prohibits the federal government from acquiring certain telecommunications equipment/services from Huawei, ZTE, and other Chinese companies. Specifically: “The head of an executive agency may not … procure or obtain or extend or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.”

Section (a)(1)(A) took effect on August 13, 2019, although a 60-day window remains open for stakeholders to submit comments to be considered in the development of a final rule. Comments on the (a)(1)(A) Interim Rule are due by October 15, 2019.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2019/09/section-889-update-first-wave-of-acquisition-prohibitions-take-effect/

More guidance on contracting prohibition with entities using telecom equipment and services

Federal agencies, particularly the General Services Administration (GSA), continue to publish guidance relating to the prohibitions of Section 889 of the FY 2019 National Defense Authorization Act (NDAA).

First wave of acquisition prohibitions take effect

The FAR Council released an Interim Rule in August implementing part of Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

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