3_ Memo - NDAA Section 889(a)(1)(B).pdf

DEPARTMENT OF THE AIR FORCE

UNITED STATES SPACE FORCE

Semper Supra

15 September 2020

MEMORANDUM FOR: POTENTIAL OFFERORS

FROM: 460 CONF/PKB

510 S. ASPEN ST, RM 120

BUCKLEY AFB, CO 80011

SUBJECT: NDAA Section 889(a)(1)(B)

The purpose of this email is to notify you that as of 13 August 2020, all contractors doing business with the U.S. Government are required to certify their compliance with the new FAR provisions at FAR 52.204-24 and FAR 52.204-26 and the clause at FAR 52.204-

25. Further instructions and details are outlined below.

Due to the addition of NDAA Section 889 (a)(1)(B), all Federal contractors receiving contract awards or extensions to current contracts (including any Period of Performance or Option Year modifications) issued on or after 13 August 2020 are required to complete the certifications included in FAR 52.204-26 and FAR 52.204-24. The updated clause FAR 52.204-25 shall be included in all solicitations and updated in current contracts.

- The provision located at FAR 52.204-26 requires contractors to certify whether or not covered telecommunications equipment or services are provided as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument

- The provision located at FAR 52.204-24 requires contractors to submit an additional representation with each offer stating whether or not the offeror uses “covered” telecommunications equipment or services. If any contractor has represented that it “does not provide covered telecommunications equipment or services…” in the provision FAR 52.204-26, then the provision at FAR 52.204-24 shall not be filled out.

- The clause located at FAR 52.204-25 prohibits executive agencies from entering into a contract (or extending or renewing a contract) with an entity that uses any “covered” telecommunications equipment component (unless an exception applies or a waiver is granted).

o The definition of “covered” can be found in FAR 52.204-25.

Please fill out the representation found in FAR 52.204-26 and FAR 52.204-24 (d) if applicable. Representation are due 23 September 2020, along with the the reposonses to the

RFQ. Failure to submit completed respresentation reponses will be deemed non-reponsive the the offer will not be evaluated.

If you have any questions, please do not hesitate to reach out. Thank you!

LATONYA D. BENJAMIN

Contracting Officer