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.

    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

    Software

    Statutory Basis:  National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91)

    • Kaspersky Lab