10. Sec. 889 Memorandum.pdf

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS AIR FORCE NUCLEAR WEAPONS CENTER (AFMC)

KIRTLAND AIR FORCE BASE NEW MEXICO

14 October 2020

MEMORANDUM FOR THE BOEING COMPANY

ATTN: Mary I. Chadduck 6200 JS McDonnell Blvd.

St. Louis, MO. 63134-1939

FROM: AFNWC/PZNK

1551 Wyoming Blvd SE.

Building 20325

Kirtland AFB, NM 87117

SUBJECT: Prohibition on Contracting With Entities Using Certain Telecommunications and Video Surveillance Services of Equipment – Effective August 13, 2020

Reference: (a) Sec. 889 Federal Register Notice

(b) 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

(c) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

1. Federal Acquisition Regulation (FAR) Case 2019-009 Interim Rule listed at Attachment 1, amends the FAR to implement section 889(a)(1)(B) of Title VII of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019. Paragraph (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, as defined at FAR 4.2101, on or after August 13, 2020 unless an exception applies or a waiver is granted. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and acquisitions of commercial items, including off-the-shelf items.

2. To implement paragraph (a)(1)(B) of section 889, and as prescribed in FAR 4.2105(a), this letter serves to incorporate provision FAR 52.204–24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, into this contract.

3. As such, you must provide representation to the Government that your business complies with paragraph (a)(1)(B) of section 889. Until SAM is updated to enable this representation, Attachment 2 is provided for your company’s representation of compliance, and must be signed by an individual who has the authority to bind the business.

4. The Air Force will use this representation for new acquisitions until such time that SAM is updated.

FAR clause 52.204.25, titled Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment will be incorporated into this award with your entity as required.

This clause is included in Attachment 2 for your convenience as well.

5. Further information regarding the process for identifying exceptions as mentioned in the revised FAR

52.204-25, as well as the process for waivers as described in FAR 4.2104, is forthcoming and will be provided to you through the Contracting Officer.

6. My point of contact for this action is Margarita Doornbos, Contract Specialist who may be reached either by phone (505) 846-4579 or email: margarita.doornbos@us.af.mil.

EMMANUEL COBIAN

Contracting Officer

AFNWC/PZNK

2. Attachments:

1. FAR Case 2019-009 Interim Rule

2. FAR 52.204-24 Contractor Representation and revised FAR 52.204-25 language mailto:margarita.doornbos@us.af.mil