889 Representation Rev 2.pdf

Covered Telecommunications Equipment or Services-Representation Section 1 – References

1. FAR 52.204-24 through 26 , FAR 4.2105(a)

2. Policy Alert # 20-124 and Revisons

Section 2 – Merchant Representation

Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Procedures. If the merchant has provided a negative response to the provision at 52.204-26 (or paragraph (v) of the provision at 52.212-3, the merchant shall not complete the representation at (d)(1). The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); 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) is strictly prohibited.

Representation. As prescribed in 4.2105(a), complete the following representation in FAR Clause 52.204-24

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (c)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (c)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

Merchant Name ____________________________________________________________________________

Merchant’s Authorized Representative ___________________________________________________________________________ (Typed Name)

Authorized Representative Signature ___________________________________________________________________________

Section 3 - Instructions

A. Merchant goes to the following FAR site:

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1989I600I4C and reads FAR 52.204-24 and 52.204-25 & upon completion fills out the Section 2 above and returns the form to the CH

B. Cardholder (CH) provides this representation document to the merchant to complete, sign, and return to the CH.

C. If a merchant represents “does not” or “will not” the CH can rely on the representation and make the purchase.

D. If a merchant makes an affirmative response at paragraph (d) of the Representation, or the merchant declines to complete the Representation (and has not completed the representation at 52.204-26 or 52.212-3(v)) the CH shall not make the purchase. Forward the requirement along with the representation to the supporting contracting office for action.

E. If it is determined that entering into a contract with the merchant does not violate the section 889 prohibitions, the supporting contracting office may provide written approval for the CH to make the purchase. The CH shall retain this written approval.

F. The following GPC transactions are exempt as these transactions are payments, not purchases.

1. Contract Payment Official - use of the GPC as a payment method only

2. Inter/Intra-Governmental Payments - (ex. DLA Document Services, NSN items using FedMall, or GSA Global Supply.

3. SF-182 Training Payments

G. Retain all documentation that supports this representation and upload in AXOL.