Effective August 13, 2019, the Federal Acquisition Regulations (FAR) was amended to include clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
What is it? Why is it being included?
The rule bans telecommunications equipment from Huawei and ZTE; and bans video surveillance equipment from Hytera Communications Corporation, Dahua Technology Company, and Hangzhou Hikvision Digital Technology Company. Contractors are prohibited from providing to the Government any equipment, system, or service that uses telecommunications equipment or services (from the noted companies) as a substantial or essential component of any system, or as critical technology as part of any system; unless a waiver is obtained by the federal agency.
This interim rule implements the applicable section of the 2019 Nation Defense Authorization Act and is a national security measure to protect Government information, and Government information/communication technology systems.
Incorporated Into Solicitations and Contracts
Per the FAR, the government’s Contracting Officer will include the appropriate provision or clause in all new solicitations and contracts, respectively. As stipulated, the Government’s Contracting Officer will modify existing contracts to include the clause. It is a mandatory clause and applies to all acquisitions including commercial items.
Assistance for Georgia Tech Researchers and Personnel
Please contact Roberta Burke, Associate Director of Contracts, Office of Sponsored Programs, at firstname.lastname@example.org with any questions.
Useful Links via Acquisition.gov
- FAR Subpart 4.21 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
- FAR Part 52.204-24: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
- FAR Part 52.204-25: Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
- "Upcoming FAR Clause Will Ban Agencies Buying Huawei, ZTE" in MeriTalk, Aug. 8, 2019