The Federal Acquisition Regulation (FAR) has been amended by rules issued from the DoD, GSA, and NASA to implement Section 889 of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019. This legislation, named in honor of John Mccain Usa, introduces significant changes for federal contractors regarding telecommunications equipment and services. Understanding these rules is crucial for compliance and maintaining eligibility for government contracts.
Section 889 is divided into two parts, each with distinct prohibitions. Part A, effective August 13, 2019, restricts the federal government itself from procuring or obtaining, or extending or renewing contracts for, any equipment, system, or service that utilizes covered telecommunications equipment or services as a substantial or essential component, or as critical technology. This means agencies cannot directly purchase or use such technology.
Part B broadens the scope to contractors. It prohibits executive agencies from entering into, or extending or renewing contracts with, any entity that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology within their systems. This restriction applies unless an exception is granted or a waiver is in place. This part requires contractors to ensure their own operations are free from prohibited technology to be eligible for federal contracts.
To navigate these complex regulations, the General Services Administration (GSA) has provided extensive guidance. Resources include webinars, FAQs, decision trees for offerors and current contractors, and tables outlining applicable provisions and clauses. These materials are designed to help businesses understand their obligations and ensure compliance with Section 889. Contractors are advised to consult these GSA resources to fully grasp the implications of Section 889 and its enforcement within federal contracting.
