NDAA Sec. 889 Updates

Sep 1, 2020 | Your Source

GSA has released helpful information on NDAA Section 889:

What is Sec. 889 You Ask?
On August 13, 2018, Congress passed the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019. Section 889 of the NDAA includes two prohibitions regarding certain telecommunications and video surveillance equipment and services (telecom).

What is the Purpose of this Rule?
According to the National Counterintelligence and Security Center and the 2019 Worldwide Threat Assessment of the Intelligence Community, Chinese intelligence and security services may use Chinese information technology firms and their equipment as routine and systemic espionage platforms. The increasing reliance on foreign-owned or controlled equipment and services, and reliance on those that present national security concerns, creates vulnerabilities in US supply chains.

Which Companies’ Equipment is Banned?
Effective August 13, 2019, the Government may not obtain (through a contract or other instrument) certain telecommunications equipment or services produced by the following companies or their subsidiaries and affiliates:

  • Huawei Technologies Company
  • ZTE Corporation
  • Hytera Communications Corporation
  • Hangzhou Hikvision Digital Technology Company
  • Dahua Technology Company

How Does this Affect Contractor’s Using the Equipment?
Effective August 13, 2020, the Government may not contract with an entity that uses telecommunications equipment or services, as a substantial or essential component of any system, or as critical technology as part of any system, produced by any of the Chinese companies listed above. Use is “regardless of whether that use is in performance of a Federal contract.”

Which Contractors are Affected?
All of them! Section 889 Part B applies to every sector: no matter what your company makes or sells, come August 13, 2020, all systems your company uses must be checked for prohibited telecommunications equipment and services.

More Reading
DTJ recently published an article on NDAA Sec. 889, the major new requirement for all federal contractors. Read it now at www.ndtahq.com/major-new-requirement-for-all-federal-contractors/.

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