Section 889 | The Contracting Education Academy

January 5, 2021 By cs

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).

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

September 29, 2020 By cs

Pentagon acquisition chief hints Section 889 supply chain waiver may be extended

The Pentagon and the Office of the Director of National Intelligence are discussing extending a waiver that gives the defense industrial base more time to ensure certain noncritical weapons systems comply with a new rule aimed at excising Chinese telecommunications equipment from the supply chain, according to the Defense Department’s acquisition chief.

Undersecretary for Acquisition and Sustainment Ellen Lord talked briefly about implementation of Section 889 Part B, a provision of the 2019 National Defense Authorization Act, during a Defense News Conference. Her remarks came a day ahead of a feedback webinar the General Services Administration will host to solicit questions, comments and concerns from stakeholders about Section 889 implementation.

“So what we did is we got a waiver from ODNI for noncritical weapons systems,” Lord said. “We continue to discuss an extension beyond September of that with them.”

Part B of Section 889 officially went into effect August 13, about a month after the final version of the rule was released in July. The rule prohibits federal agencies from contracting with entities that use equipment from certain covered companies including Huawei and ZTE. In effect, Part B requires contractors to search through their supply chains to determine and disclose to the government whether they use any of the covered equipment or services.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2020/09/pentagon-acquisition-chief-hints-section-889-supply-chain-waiver-may-be-extended/168332/

July 29, 2020 By cs

Deadline looms for contractors to ditch banned Chinese equipment

Federal contractors face a late-summer deadline to ensure they’re not using banned Chinese equipment and services to fulfill their federal contracts, a top White House federal acquisition official stressed.

Federal contractors have until Aug. 13 to comply with Part B of Section 889 of the 2019 National Defense Authorization Act, Office of Federal Procurement Policy Administrator Michael Wooten said during a July 13 Professional Services Counsel (PSC) webcast.

That provision prohibits government contractors from using technology and services tied to Chinese equipment manufacturers that have been deemed cybersecurity threats by the U.S. government. Those companies include telecommunications gear-makers Huawei and ZTE, as well as video surveillance manufacturer Hikvision.

The Trump administration has worked to push Huawei and ZTE out of U.S. federal and commercial telecommunications networks, both domestically and internationally, deeming the companies’ close relationships to the Chinese government as a virulent cybersecurity threat.

Keep reading this article at: https://fcw.com/articles/2020/07/13/rockwell-defense-contractors-huawei-ban.aspx

September 23, 2019 By cs

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.

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/

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).

Federal contractors face a late-summer deadline to ensure they’re not using banned Chinese equipment and services to fulfill their federal contracts, a top White House federal acquisition official stressed.

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.

Search this Website