EXPRESS-NDAA-CERTIFICATION-4.2026.pdf

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This is an EXPRESS NDAA CERTIFICATION form issued by the United States Department of State to ensure vendor compliance with Public Law 115-232 (the John S. McCain National Defense Authorization Act for Fiscal Year 2019), specifically Section 889 requirements regarding Covered Telecommunications Equipment and Services.

The form requires vendors to provide representations in four key areas: (1) confirmation that the offeror does not provide covered telecommunications equipment or services as a substantial, essential, or critical component of any system in violation of Section 889(a)(1)(A); (2) attestation that the offeror does not use covered telecommunications equipment or services within its enterprise as defined in Section 889(a)(1)(B); (3) verification that the offeror has conducted a reasonable inquiry to identify any covered telecommunications equipment or services in its possession; and (4) commitment to report to the Government if covered telecommunications equipment or services are identified during contract performance. The form includes Yes/No checkboxes for each representation and requires completion by an authorized representative with binding authority. Vendors must review FAR provisions 52.240-90 and 52.240-91 before completing the certification and must return the signed form to the contracting officer's Contract Specialist.

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United States Department of State

Washington, D.C. 20520 www.state.gov

EXPRESS NDAA CERTIFICATION

Public Law 115-232, also known as the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019, requires representations regarding Covered Telecommunications Equipment and Services. Contracting staff shall use this representation with vendors to determine compliance with NDAA requirements. To comply with this Public Law the Federal Acquisition Regulation (FAR) requires one provision listed within 52.240-90 and a contract clause listed within 52.240-91 in all procurement actions.

DIRECTIONS FOR THE MERCHANT

1. Read the entire Section 889 portion in the provision and clause in the FAR at Acquistion.gov.

2. After you have read the provision and clause, please answer the questions below.

3. Upon completion of Step 2, fill out the representation below. NOTE: This representation is made by a person with the authority to bind the merchant.

4. Return completed form to your Contract Specialist.

DEPARTMENT OF STATE SECTION 889 CERTIFICATION_REPRESENTATION

REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

Yes/No The Offeror does not provide covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, in violation of Section 889(a)(1)(A).

The Offeror does not use covered telecommunications equipment or services, as defined in Section 889(a)(1)(B), within its enterprise.

The Offeror has conducted a reasonable inquiry, defined as an inquiry designed to uncover any information in the entity’s possession regarding the identity of the producer or provider of covered telecommunications equipment or services used by the entity.

The Offeror will report to the Government, in accordance with applicable contract requirements, if it identifies covered telecommunications equipment or services during contract performance.

Merchant Name_____________________________________________________________________

Merchant’s Authorized Representative Signature___________________________________________ (Typed Name)

Authorized Representative Signature_____________________________________________________ http://www.state.gov/

EXPRESS NDAA CERTIFICATION
DIRECTIONS FOR THE MERCHANT
DEPARTMENT OF STATE SECTION 889 CERTIFICATION_REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
Yes/No
The Offeror does not provide covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any
system, in violation of Section 889(a)(1)(A).
The Offeror does not use covered telecommunications equipment or services, as defined in
Section 889(a)(1)(B), within its enterprise.
The Offeror has conducted a reasonable inquiry, defined as an inquiry designed to uncover
any information in the entity’s possession regarding the identity of the producer or
provider of covered telecommunications equipment or services used by the entity.
The Offeror will report to the Government, in accordance with applicable contract
requirements, if it identifies covered telecommunications equipment or services during
contract performance.

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