Protect yourself and your agency by checking the prohibited vendor list before making any telecommunications purchase.
The Federal Acquisition Regulation (FAR) case 2018-017 prohibits the purchase of covered telecommunications equipment and services from vendors who sell products containing spyware. These devices could pose a threat to US security by spying on or disrupting communications within the US.
Covered telecommunications equipment and services are defined as:
- Telecommunications equipment produced by certain technology companies;
- For the purposes of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security procedures, video surveillance and telecommunications equipment produced by certain technology companies;
- Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
In addition, contractors are required by the FAR to provide information on whether or not they are providing covered telecommunications under contracts and orders with the Federal Government.
Click here to download a flyer with additional information on Section 889 of the FY19 NDAA for both agencies and the contractor community.
Click here for a link to the GSA FAS 889 Part B Contract Vehicle Modification Tracking Dashboard. This Dashboard provides a registry of FAS managed acquisition vehicles along with the current 889 Part B FAR clause modification status.
For more information, go to:
- SMART BULLETIN No. 029 Interim Federal Acquisition Regulation (FAR) Rule Prohibiting Acquiring Certain Telecommunications and Video Surveillance Equipment or Services
- SMART BULLETIN No. 033 Card Management Implications and Information for Agency Consideration in Relation to the Section 889 Prohibition on Acquiring Certain Telecommunications and Video Surveillance Equipment
- GSA FMR BULLETIN B-53 MOTOR VEHICLE MANAGEMENT
Section 889 Request Bot
The Section 889 Request Bot is a robotic process automation (RPA) capability developed by Defense Pricing and Contracting (DPC). It allows users to send the DUNS number or CAGE code of a vendor to firstname.lastname@example.org and provides users with an email response identifying if the vendor is registered in SAM, if they have completed the representations required by the FAR 52.204-26 provision, and what responses were provided. This capability gives Contracting Officers and users who wouldn't normally access the System for Award Management (SAM) a quick way to check SAM for the entity’s completion of the Federal Acquisition Regulation provision 52.204-26 'Covered Telecommunications Equipment or Services' in compliance with section 889(a)(1)(A) and (a)(1)(B) prohibitions in the National Defense Authorization Act for FY 2019.
Prohibited Vendor List:
Telecommunications Equipment and Services
Statutory Basis: JOHN S. MCCAIN NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2019 (Public Law 115-232), Federal Acquisition Regulation (FAR) case 2018-026 and other Prohibited Vendors/Component Sources
- AVENTURA TECHNOLOGIES, INC. (GSA Contract Holder (GS-07F-0391V), Suspension period 12/23/19 - Present (litigation pending))
- Huawei Technologies Company
- Subsidiaries or Affiliates of Huawei
- ZTE Corporation
- Subsidiaries or Affiliates of ZTE Corporation
Video Surveillance and Telecommunications Equipment
Statutory Basis: JOHN S. MCCAIN NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2019 (Public Law 115-232) and Federal Acquisition Regulation (FAR) case 2018-026
- Hytera Communications Corporation
- Subsidiaries or Affiliates of Hytera Communications Corporation
- Hangzhou Hikvision Digital Technology Company
- Subsidiaries or Affiliates Hangzhou Hikvision Digital Technology Company
- Dahua Technology Company
- Subsidiaries or Affiliates of Dahua Technology Company
Statutory Basis: National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91)
- Kaspersky Lab