Difference between revisions of "2019 NDAA Section 889"

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(Created page with "==NDAA Section 889 Compliance== Section 889(a)(1)(B) of the 2019 National Defense Authorization Act (NDAA) prohibits recipients of federal funding awards from using or procur...")
 
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Section 889(a)(1)(B) of the 2019 National Defense Authorization Act (NDAA) prohibits recipients of federal funding awards from using or procuring certain covered telecommunications equipment or services. Section 889 regulations apply to grants, contracts and cooperative agreements, including outgoing subcontracts and subawards.
 
Section 889(a)(1)(B) of the 2019 National Defense Authorization Act (NDAA) prohibits recipients of federal funding awards from using or procuring certain covered telecommunications equipment or services. Section 889 regulations apply to grants, contracts and cooperative agreements, including outgoing subcontracts and subawards.
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The Section 889 restrictions went into effect on August 13, 2020, for federal grant recipients under a new section to 2 CFR contained in 2 CFR §200.216.
  
 
==Covered Technologies==
 
==Covered Technologies==
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*Dahua Technology Company
 
*Dahua Technology Company
  
Any subsidiary or affiliate of the entities listed above
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Any subsidiary or affiliate of the entities listed above.  See
  
 
==All Purchases and Uses==
 
==All Purchases and Uses==
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Contractors must report to the federal agency when it discovers that the university or any of its subcontractors utilize such covered telecommunications equipment or services. These reports must be made to the federal agency within one business day.
 
Contractors must report to the federal agency when it discovers that the university or any of its subcontractors utilize such covered telecommunications equipment or services. These reports must be made to the federal agency within one business day.
  
The Fiscal Year 2019 National Defense Authorization Act included a prohibition on federal agencies and federal grant recipients from procuring certain Chinese telecommunications and video surveillance equipment. The Section 889 restrictions went into effect on August 13, 2020, for federal grant recipients under a new section to 2 CFR contained in 2 CFR §200.216.
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==Annual Compliance Certification==
  
The prohibited telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Additionally, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) that is used for the purpose of public safety, security of 16 government facilities, physical security surveillance of critical infrastructure, and other national security purposes is covered equipment under Section 889.
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Contractors may certify annually to the federal government whether or not they are utilizing covered telecommunications equipment or services. The annual certification allows contractors to avoid making representations on an offer-by-offer basis as would be otherwise be required by federal regulation.

Revision as of 14:04, 29 November 2022

Contents

NDAA Section 889 Compliance

Section 889(a)(1)(B) of the 2019 National Defense Authorization Act (NDAA) prohibits recipients of federal funding awards from using or procuring certain covered telecommunications equipment or services. Section 889 regulations apply to grants, contracts and cooperative agreements, including outgoing subcontracts and subawards.

The Section 889 restrictions went into effect on August 13, 2020, for federal grant recipients under a new section to 2 CFR contained in 2 CFR §200.216.

Covered Technologies

Covered telecommunications and/or video surveillance equipment and service providers include:

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

Any subsidiary or affiliate of the entities listed above. See

All Purchases and Uses

Section 889’s restrictions apply across the board to all contractor purchases of any dollar amount and any proposed use, including small P-Card purchases and other purchases, and regardless of whether or not the use relates to a federal grant, contract, or other agreement.

Reporting Requirement

Contractors must report to the federal agency when it discovers that the university or any of its subcontractors utilize such covered telecommunications equipment or services. These reports must be made to the federal agency within one business day.

Annual Compliance Certification

Contractors may certify annually to the federal government whether or not they are utilizing covered telecommunications equipment or services. The annual certification allows contractors to avoid making representations on an offer-by-offer basis as would be otherwise be required by federal regulation.