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Section 889 Part B Prohibited Telecom Rule Implementation Instructions are here!

Section 889 of the FY19 National Defense Authorization Act (NDAA) is legislation passed to combat national security and intellectual property threats that face the United States.

Did you know the representation and reporting requirements of Section 889 Parts A and B apply to all contracts awarded in support of the GSA Global Supply (GGS) program?

  • If you are a vendor performing under a Blanket Purchase Agreement (BPA) for GGS, you have received an August mass modification to your parent Multiple Award Schedule (MAS) contract incorporating FAR reporting clause 52.204-25 (AUG 2020) implementing Section 889 Part B of the FY19 NDAA.  Acceptance of the mass modification is due within 90 days of receipt.
  • If you are a vendor performing under an Indefinite Delivery Vehicle for GGS, your Contracting Officer (CO) will issue a bi-lateral modification to your contract incorporating FAR reporting clause 52.204-25 (AUG 2020) prior to exercising any contract options.

Effective October 26, 2020 in the System for Award Management (SAM), the SAM representation provision FAR 52.204-26 will be updated to require representation to both Part A and B:

  • Part A: Whether the offeror does or does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
  • Part B: Whether, after conducting a reasonable inquiry, the offeror does or does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

An offeror that represents to the SAM representation provision FAR 52.204-26 that it “does provide” covered telecom (i.e., Part A) and/or “does use” covered telecom (i.e., Part B) will be required to respond to the FAR 52.204-24 representation provision.

Questions?  Check GSA's Acqusition.Gov page often to see updates and additional resources.

 

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