DoD, GSA, and NASA issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). Section 889(a)(1)(B) prohibits executive agencies from entering into, 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, on or after August 13, 2020, unless an exception applies or a waiver is granted.

Federal Acquisition Circular (FAC) 2020-08 published in the Federal Register on July 14, 2020.

The list of documents included in this FAC are as follows:

• Introduction
• FAR Case 2019-009, Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment; Interim rule; Effective: August 13, 2020.
• Small Entity Compliance Guide (SECG)

As the interim rule has been published, it is open for public comment:

FAR Case 2019-009, Interim Rule, Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services or Equipment, published in the Federal Register on July 14, 2020. Comments for this case are due by September 14, 2020.

For more information on FAR Proposed Rules that are open for public comment, please visit https://www.acquisition.gov/requesting_comments.

Additional Information

General Services Administration (GSA)

New Telecom Rule Impacts ALL Contracts… Are You Prepared?

The FAR Rule implementing Section 889 of the FY 2019 National Defense Authorization Act (NDAA) is published. The legislation was passed to combat national security and intellectual property threats that face the United States and contains two prohibitions: Part A and Part B. This Flyer summarizes the FAR Rule. A second interim FAR Rule that takes effect October 26, 2020 has also been published. Below is a list of resource documents and video recordings regarding Section 889.

Section 889 Webinar Part I - September 10, 2020 (New)

Section 889 Webinar Part II - September 10, 2020 (New)

FAQs

Decision Tree - Offeror

Decision Tree - Current Contractor

Provisions and Clauses Table

GSA Section 889 Implementation Webinar Slides - September 10, 2020

GSA Acquisition Letter - Section 889 Implementation Instructions for GSA Acquisition Workforce

Supply Chain Risk Management Criteria for Section 889 Part A

Supply Chain Risk Management Criteria for Section 889 Part B

GSA SmartPay Section 889 Bulletin

Section 889 Explanation Slides from GSA Small Business Webinar - July 30, 2020

Recording of GSA Section 889 Small Business Webinar - July 30, 2020

Section 889 Class Deviation for Lease Acquisitions and CDOs CD-2020-15

Addendum to Section 889 Class Deviation CD-2019-11

Check this page often to see updates and additional resources.