Fill out the form and a member of our team will follow up with you to schedule a read out of our findings. Government Contracts 2 Section 889 (or to obtain a waiver beyond August 13, 2020) will become a discriminator in the Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore Contractor Compliance . As used in this certification- Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Section 889 has two key sections – Part A and Part B. Fill out the form and a member of our team will follow up with you to schedule a read out of our findings. Protect yourself and your agency by checking the prohibited vendor list before making any telecommunications purchase. Section 889 allows for the head of any federal agency to issue a waiver of the prohibition for up to two years where the entity applying for the waiver provides a compelling justification for the additional time needed to implement the requirements and submits a “full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the entity’s supply chain,” … Should an agency require open market micro-purchases (purchases that are not made under an existing Federal contract or order site), the agency should note that obtaining written representations to ensure compliance with section 889 will likely prove difficult, especially given the volume of online purchases. Section 889 allows for the head of any federal agency to issue a waiver of the prohibition for up to two years where the entity applying for the waiver provides a compelling justification for the additional time needed to implement the requirements and submits a “full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the entity’s … Section 889 of the 2019 National Defense Authorization Act (NDAA) broadly prohibits federal executive branch agencies from obtaining, or contracting with entities that use, certain “covered telecommunications equipment or services,” specifically those produced by five Chinese companies (and any subsidiary or affiliate thereof)—as a “substantial or essential component of any system, or as … As an initial matter, the scope of the term "use" remains unclear. Section 889 Q&A’s Now Available. Notwithstanding these questions, it is plain that the ability to comply with . The legislation was passed to combat national security and intellectual property threats that face the United States and contains two prohibitions: Part A which says the government cannot obtain prohibited telecom and Part B which says government contractors cannot … Acquisition Implementing Partner Notice Portal: Issued 8/11/2020: Bilateral Modification #7: For IDIQ Awards Only. 425 Market St, 8th Floor San Francisco, CA 94105. The legislation was passed to combat national security and intellectual property threats that face the United States and contains two prohibitions: Part … The attached document contains the questions from the contract holders and the GSA responses. On June 19th, GSA solicited feedback from the current telecommunications contract holders on the implementation of Subsection 889 (a) (1) (B) of the FY19 National Defense Authorization Act (NDAA) Section 889. U.S. Agency for International Development, Acquisition & Assistance Policy Directives, Indirect Cost Rate Guide for Non-Profit Organizations, COVID-19 Guidance For Implementing Partners, Preparing for a World Altered by COVID-19. Part B of Section 889: Long-Awaited Interim Rule Provides Some Relief for Contractors, but Questions and Compliance Burdens Remain 7 min On July 14, 2020, the Federal Acquisition Regulation (FAR) Council will issue a long-awaited interim rule implementing "Part B" of Section 889(a)(1) of the National Defense Authorization Act for Fiscal Year 2019 (Pub. Assistance: Contractors/Recipients must carefully review the FAR requirements for acquisition and 2 CFR 200 for Assistance, and contact their cognizant CO/AO for questions specific to the solicitation/award; all other inquiries may be submitted to USAID’s Industry Liaison. The rule implements Section 889 of the John S. McCain National Defense Authorization Act (NDAA) for Fisca… Effective August 13, 2020, incorporate FAR clause, 52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) into existing IDIQ award(s) for any future orders. ... to represent that they and their supply chain do not use banned telecommunication or video surveillance products in compliance with Section 889B of the National Defense Authorization Act (NDAA). Effective August 13, 2020, 2 CFR 200.216 for U.S. organizations and the mandatory standard provision “Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment (AUGUST 2020) for non-U.S. organizations implemented the statutory prohibition 889(b)(1) that prohibits the use of award funds, including direct and indirect costs, cost-share and program income, to procure covered telecommunication and video surveillance services or equipment. In the face of rising uncertainty over data security and surveillance by foreign adversaries, DOD, GSA, and NASA (collectively, the FAR Council) released an interim final rulelast month banning Federal agencies from purchasing telecommunications and video surveillance equipment or services from certain Chinese entities. Section 889(a)(1)(B) prohibits Executive agencies, including DoD, from entering into a contract (or extending or renewing a contract) with an entity that uses 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 889 of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 Section (a)(1)(B) and Section (b)(1) of the law, went into effect on August 13, 2020. On Aug. 12, U.S. Director of National Intelligence (DNI) John Ratcliffe issued a memorandum to the U.S Department of Defense (DOD) granting a waiver to the prohibitions listed in Section 889 … Section 889 Part B says that a contractor cannot use prohibited There are two prohibitions in the legislation, Part A and Part B. Section 889 of the 2019 National Defense Authorization Act prohibits the federal government, government contractors, and grant and loan recipients from procuring or using certain “covered telecommunication equipment or services” that are produced by Huawei, ZTE, Hytera, Hikvision, and Dahua and their subsidiaries as a “substantial or essential component of any system, or as critical … As part of a recent wave of supply chain requirements, Section 889 of the 2019 National Defense Authorization Act (“NDAA”) imposed major new limitations on the use of certain Chinese telecommunications products and services in federal procurement, and recent implementing regulations mandate a range of compliance actions relating to the ban. Make a general inquiry or suggest an improvement. must take to certify full compliance with Section 889(a)(1)(B), and the likelihood and length of time for waivers. The report will quantify the state of your attack surface to help comply with Section 889, and highlight the most severe risks, if any, curated by a human cybersecurity expert. The report will quantify the state of your attack surface to help comply with Section 889, and highlight the most severe risks, if any, curated by a human cybersecurity expert. aliquip ex ea commodo consequat. 415-590-0129 | Section 889 Prohibition on Use of Covered Telecommunications Equipment. The above FAR clause must be incorporated into the IDIQ award(s) prior to issuing and accepting any new orders and extensions or the exercising of options of orders, on or after August 13, 2020. Specifically, company counsel and compliance functions will need to work with their global counterparts in procurement, finance, IT, and sales and marketing to map company supply chains and identify the areas of heightened risk – leveraging the five elements in Chart 2. SECTION 889 IMPLEMENTATION SECTION 889 Section 889 ("Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment") is part of the Fiscal Year 2019 National Defense Authorization Act (NDAA). The law, specifically Section 889, prohibits federal agencies, their contractors and grant or loan recipients from procuring or using “telecommunications and video surveillance equipment or services” from specific Chinese companies as a “substantial or essential component of any system, or as critical technology as part of any system.” Although the interim rule provides some additional guidance beyond the plain language of Section 889, there remains significant uncertainty regarding the scope of the prohibition's application and the scope of a contractor's compliance obligations. Effective August 13, 2020, FAR 4.2102(a)(2) implemented the statutory prohibition 889(a)(1)(B) for agencies to “enter into a contract to 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,” unless an exception or waiver as described in FAR applies. Section 889 (a)(1)(B) requires a more robust training of the organization's compliance plan, which include business partners that are outside of the typical “covered telecommunications equipment or services” purchases; such as day-day office supplies. et dolore magna aliqua. Partner Resources:Frequently Asked Questions (FAQs) (Updated October 23, 2020). Fill out the form and a member of our team will follow up with you to schedule a read out of our findings. The key points and actions are only the beginning of what could be a long road of compliance and legal issues arising from Section 889, among other supply chain security initiatives that have already or will soon add new layers of complexity to companies' internal and external supply chain obligations (e.g., Section 1656 of the 2018 NDAA (84 Fed. Expanse is an automated Attack Surface Management (ASM) Platform, and solves this problem by providing a complete and accurate list of an organization’s global internet-facing assets and Section 889 violations to continuously discover, evaluate, and mitigate banned technologies because of their known ties to the People's Republic of China. Is your company in violation? A central challenge in Section 889 compliance is full visibility and control of your entire universe of IT assets. Section 889(a)(1)(A) The government cannot procure or obtain products that use the prohibited covered technology as a substantial or essential component of any system, or as critical technology as part of any system. Effective August 13, 2020, FAR 4.2102(a)(2) implemented the statutory prohibition 889(a)(1)(B) for agencies to “enter into a contract to 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,” … U.S. Agency for International Development Section 889 Frequently Asked Questions (FAQs) for Contractors and Recipients of USAID awards. Effective August 13, 2020, incorporate FAR clause, 52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) into existing BPA award(s) for any future orders. The more limited Part A of Section 889, which prohibits the federal government from obtaining any equipment, services or systems from the covered companies, went … Here is a high-level overview of each: Section 889 Part A says that a contractor cannot sell or provide prohibited telecommunications (telecom) to federal agencies. Inc. All Rights Reserved. L. 115-232). Assistance Implementing Partner Notice Portal: Issued 8/21/2020: Notice # 10: Assistance Prohibition On Covered Telecommunications And Video Surveillance Services and Equipment, Find out about career opportunities at USAID. Lastly, the memo explains that DoD is working with other agencies to update the System for Award Management (SAM) to allow offerors to represent annually their use of covered telecommunications equipment and services after conducting a “reasonable inquiry.” FY-19 National Defense Authorization Act Section 889 Certification Form (Additional Information) (a) Definitions. Acquisition: 425 Market St, 8th Floor San Francisco, CA 94105, Terms of Use | Privacy & Security | © 2020 Expanse At least 1-in-5 Fortune 500 companies have devices potentially subject to the ban on their I.T. What is Section 889? Section 889(B) compliance will require cross-functional collaboration and integration across a range of stakeholders. are compliant with section 889. The most problematic assets are the unknown assets followed by white-labeled hardware. The restrictions of Section 889(a)(1)(B) went into full effect yesterday, August 13, 2020. This page serves as the electronic reading room for documents associated with the Implementation of Section 889(a)(1)(A) and 889(a)(1)(B), Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment. NDAA Section 889 was released in August of 2020. This rule amended the FAR to further implement Section 889 of the Fiscal Year 2019 National Defense Authorization Act (NDAA). I acknowledge that I have read and understand the government compliance memorandum related to Section 889 of the National Defense Authorization Act (NDAA). Section 889 Part B covers certain telecommunications equipment and services produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of those entities) and certain video surveillance products or telecommunications equipment services produced or provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or … Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut In light of these new requirements, both the DoD and the GSA have issued pertinent guidance over the past two weeks. Section 889 of the FY 2019 National Defense Authorization Act (NDAA) includes two prohibitions detailed in Part A and Part B. The FAR Ruleimplementing Section 889 of the FY 2019 National Defense Authorization Act (NDAA) is published. Reg. I acknowledge I understand that failure to comply with this agreement may result in exclusion from the United States Government AIR Card® and/or SEA Card® programs. [email protected] | NDAA Section 889. Interim Rule Federal Acquisition Regulation: Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment, ADS 302mbp: Waivers for Covered Telecommunications and Video Surveillance Services or Equipment under FAR 4.2104. The onerous internal compliance required to make the representation, coupled with the lack of key guidance in the Interim Rule, has left contractors scrambling blindly to meet the August 13, 2020 deadline for Section B compliance. Issued 8/14/2020: Bilateral Modification #8: For BPA Awards Only. We are offering to provide you with an initial report – at no cost – including a snapshot of your network. The above FAR clause must be incorporated into the BPA award(s) prior to issuing and accepting any new orders and extensions or the exercising of options of orders, on or after August 13, 2020, Revisions to 2 CFR implementing the Section 889 Prohibitions, ADS 303 Grants and Cooperative Agreements to Non-Governmental Organizations, ADS 303mab, Standard Provisions for Non-U.S. Nongovernmental Organizations, ADS 303maa, Standard Provisions for U.S. Nongovernmental Organization. Section 889 of the NDAA for FY 2019 contains two prohibitions related to Federal contracting: The first prohibition, set forth in section 889(a)(1)(A), took effect August 13, 2019, and prohibits the Government from buying and using covered telecommunications equipment or networks. NATIONAL DEFENSE AUTHORIZATION ACT (NDAA) SECTION 889 REPRESENTATION FORM Merchant/Company Name (Offeror) DUNS Number Cage Code Number Owner or Authorized Representative Title e-mail Company Street Address City State Zip Telephone Number Company Website (if applicable) INSTRUCTIONS TO MERCHANT On August 12, 2020, Director of National Intelligence John Ratcliffe issued a memorandum to the Department of Defense (DOD) that waives DOD’s requirements under Section 889 of the National Defense Authorization Act for Fiscal Year 2019. These are important considerations all contractors must take into account when evaluating compliance with Section 889. RECOMMENDED CONTRACTOR WAIVER PROCESS COMPLIANCE ACTIONS 1. The Federal Acquisition Regulation (FAR) case 2018-017 prohibits the purchase of covered telecommunications equipment and services from vendors who sell products containing spyware. Part A, which went into effect via interim rule on August 13, 2019, prohibits executive agencies from purchasing from contractors restricted products and services from certain Chinese telecommunications companies (e.g., Huawei and ZTE, among others). Learn how you can get involved and lend a hand. See Section 889 Law and Regulations to find the FAR Clauses that are required for all solicitations, contracts, contract extensions, and task/delivery orders.
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