Attachment #4 - Section 889 Form(blank).pdf

MICRO-PURCHASE

NATIONAL DEFENSE AUTHORIZATION ACT (NDAA) SECTION 889 REPRESENTATION

For additional information see: https://www.acquisition.gov/FAR-Case-2019-009/889_Part_B

1. Merchant has an active registration in SAM (www.sam.gov) and FAR 52.204-26 is dated Oct 2020 (or later)

Merchant is not registered in SAM (www.sam.gov) or is registered, but FAR 52.204-26 is dated earlier than Oct 2020

2. Company Name / Merchant (Offeror) 3. Date

4. Company Street Address 5. City 6. State 7. Zip Code

8. Owner or Designated Representative Name 9. E-mail 10. Telephone Number

11. DUNS Number (if applicable) 12. Cage Code Number (if applicable) 13. SAM Registration Expiration Date (if applicable)

14. Complete the following FAR 52.204-26 Representation:

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. 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".

(c)(1) Representation. The Offeror represents that it does, does not provide covered telecommunications equipment or services as a part of its offered products or to the Government in the performance of any contract, subcontract, or other contractual instrument.

(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 any equipment, system, or service that uses covered telecommunications equipment or services

Signature of Owner or Designated Representative identified in Block 8 above.

This representation expires on the date in block 13 or one year from the date in block 3, whichever is soonest. Forward any representation modifications/changes to the sender within 30 days.

Additional Disclosure Instructions to Merchant/Offeror (if applicable)

(a) If the Offeror represents in (c)(1) above that, “it does provide covered telecommunications equipment […]”, then the Offeror should go to FAR 52.204-24 -- Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, paragraph (e)(1) Disclosures (https://www.acquisition.gov/far/part- 52#FAR_52_204_24) to identify the additional documentation that should accompany this representation when sending it back to the sender.

(b) If the Offeror represents in (c)(2) above that, “it does use covered telecommunications equipment […]”, then the Offeror should go to FAR 52.204-24 -- Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, paragraph (e)(2) Disclosures (https://www.acquisition.gov/far/part- 52#FAR_52_204_24) to identify the additional documentation that should accompany this representation when sending it back to the sender.

GPC-Merchant 889 Representation v.4 https://www.acquisition.gov/FAR-Case-2019-009/889_Part_B http://www.sam.gov/ http://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_204_24 https://www.acquisition.gov/far/part-52#FAR_52_204_24 https://www.acquisition.gov/far/part-52#FAR_52_204_24 https://www.acquisition.gov/far/part-52#FAR_52_204_24

*No impact until new contract/lease awarded or modification issued to extend period of performance or exercise option, except for IDVs

Each agency must designate a senior agency official for Supply Chain Risk Management and participate in the Federal Acquisition Security Council’s (FASC) information-sharing environment. Each waiver must include:

● A compelling justification for additional time needed

● A full and complete laydown of covered telecom

● A phase-out plan to eliminate the covered telecom

Agencies must consult with Office of the Director of National Intelligence (ODNI) and confirm that ODNI does not have information suggesting the waiver would present a material increase in risk to U.S. national security.

Agencies must also give a 15-day advance notification of waiver to the FASC and ODNI.

Agencies must notify Congress within 30 days of issuance of a waiver and must include:

● Requesting agency’s attestation that granting waiver will not present a material increase in risk to U.S. national security

● Full and complete laydown of covered telecom equipment in the waived entity’s supply chain, including a description of each category of technology equipment or service

● Required phase-out plan

TO SUBMIT COMMENTS TO THE FAR RULE

1. Go to https://www.regulations.gov/

2. Search for “FAR Case 2019-009”

3. Select corresponding “Comment Now” link and follow instructions

HOW DO I COMPLY?

7 STEP PROCESS:

1) Regulatory Familiarization: Familiarize yourself with the rule and actions for compliance

2) Corporate Enterprise Tracking: Determine if you use “covered telecommunications”

3) Corporate-wide Category Risk Management: List direct and indirect purchases and operations by risk level (low, medium, and high risk)

4) Corporate-wide Standardized Process: Develop a process for evaluating content of products/services used or sold by you

5) Education: Educate your purchasing/procurement, and materials management group so they are familiar with the plan

6) Cost of Removal: If the entity decides to replace existing covered telecommunications equipment or services and acquiring new compliant equipment

7) Representation: Provide representation to the Government and alert the Government if use is discovered during contract performance

For more details see the FAR (FAR 52.204-24 and FAR 52.204-26) and a FAR reporting clause (FAR 52.204-25).

Still have questions?

See GSA 889 Questions and Answers (Q&A) outside

SECTION

IMPLEMENTATION

SECTION

Section 889 ("Prohibition on Certain

Telecommunications and Video

Surveillance Services or Equipment") is part of the Fiscal Year 2019

National Defense Authorization Act

(NDAA). There are two prohibitions in the legislation, Part A and Part B.

WAIVER PROCESSRECOMMENDED CONTRACTOR

COMPLIANCE ACTIONS

1. Regulatory Familiarization. Read and understand the rule and necessary actions for compliance.

2. Corporate Enterprise Tracking. Determine through reasonable inquiry whether you use “covered telecommunications” equipment or services.

3. Education. Educate your purchasing/procurement, and materials management professionals to ensure they are familiar with the entity’s compliance plan.

4. Cost of Removal. Implement procedures if the entity decides to replace existing covered telecommunications equipment or services and ensure new equipment and services acquired for use by the entity are compliant.

5. Representation. Provide representation re use and alert Government if use is discovered during contract performance.

6. Phase-out Plan and Submit Waiver Information. Develop a phase-out plan and provide waiver information to the Government along with the complete laydown of the presence of the covered telecommunications equipment or services.

For more details see the FAR representation (52.204-24, 52.204-26) and FAR reporting (52.204-25) requirements.

For Details on the Recommended Compliance Steps:

See the FEDERAL REGISTER

Agencies may issue one-time waiver-o FAR 4.2102(a)(1) - waiver expires 8/13/21 o FAR 4.2102(a)(2) - waiver expires 8/13/22

Agencies within 30 days of approval of waivers under FAR 4.2102(a)(1) & FAR 4.2102(a)(2), must submit to Congress:

o Full and complete laydown of presence of covered telecommunications or video surveillance equipment or services in supply chain o Phase-out plan

Agencies within 30 days approval of waivers under FAR 4.2102(a)(2), must submit to Congress:

o Attestation that granting waiver will not cause harm to national security

Prior to issuing waiver under FAR 4.2102(a)(2), Agencies must:

o Have a Supply chain risk management program under Secure Technology Act, Pub. L. 115-390 o Notify Office of the Director of National Intelligence o Notify the Federal Acquisition Security Council 15 days prior to waiver issue

To Submit Comments

1. Go to https://www.regulations.gov/

2. Search for

*No impact until new contract/lease awarded or modification issued to extend period of performance or exercise option, except for IDVs

Inside Part A - The Government Cannot Obtain Prohibited Telecom

Part A became effective on August 13, 2019.

Part A prohibits the government from obtaining (through a contract or other instrument) certain telecommunications equipment (including video surveillance equipment) or services produced by the following covered entities and their subsidiaries and affiliates:

● Huawei Technologies Company

● ZTE Corporation

● Hytera Communications Corporation

● Hangzhou Hikvision Digital

Technology Company

● Dahua Technology Company

The Department of Defense has the authority to add additional companies to this list.

Part A has been added to the Federal Acquisition Regulation (FAR) at FAR subpart 4.21.

Note that the Part A ban also applies to commercial items (FAR 12.301(d)(6)) and micro-purchases (FAR 13.201(j)).

Have questions about GSA’s implementation of Section 889? See GSA's 889 Part A Q&As

Part B - Government Contractors Cannot Use Prohibited Telecom

Part B is effective August 13, 2020.

Part B prohibits the government from contracting with an entity that uses certain telecommunications equipment or services produced by the entities listed in the statute.

● The Government cannot contract with an entity 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.

● Prohibition applies regardless of whether or not that usage is in performance of work under a Federal contract.

● After conducting a reasonable inquiry, entities will represent whether they do or do not use prohibited telecommunications equipment or services.

Part B has been added to the Federal Acquisition Regulation (FAR) at FAR subpart 4.21.

Why are these changes important?

The danger our Nation faces from foreign intelligence actors looking to infiltrate our systems has never been greater. NDAA prohibitions against nefarious networks like Huawei will ensure our Nation remains secure. This Administration is committed to working with Congress to keep America strong through implementing the NDAA prohibitions.

Bad actors are persistent in trying to infiltrate US networks – often exploiting technologies from the identified Chinese companies to do so. The Trump Administration shares Congress’s strong commitment to addressing insidious threats to the Nation’s national security and intellectual property.

China is increasingly asserting itself by stealing U.S. technology and intellectual property to erode U.S. economic and military superiority.

Chinese companies, including the companies identified in the FAR rule, are legally required to cooperate with their intelligence services. China’s reputation for close collaboration between its government and industry to amass technological secrets presents additional threats to U.S. Government contractors.

The FAR rule ensures contractors keep national security interests in mind by ensuring that they do not use certain equipment and services that present national security concerns.