This is urgent. The deadline is 13 AUG, 2020. No contracts may be awarded without completion.
BACKGROUND: Effective August 13, 2020, the Government may not contract with an entity that uses telecommunications equipment or services, as a substantial or essential component of any system, or as critical technology as part of any system, produced by any of the Chinese companies listed below.
The 52.204-25 prohibition under section 889(a)(1)(A) will continue to flow down to all subcontractors; however, as required by statute the prohibition for section 889(a)(1)(B) will not flow down because the prime contractor is the only “entity” that the agency “enters into a contract” with, and an agency does not directly “enter into a contract” with any subcontractors, at any tier.
”Section 889 Part B applies to every sector: no matter what your company makes or sells, come August 13, 2020, all systems your company uses must be checked for prohibited telecommunications equipment and services.
Representation provision in all solicitations (FAR 52.204-24): Representation based on “reasonable inquiry” ■ An inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of prohibited telecom used by the entity; there’s no need for an internal or third-party audit.
– Requires offerors to represent whether they will or will not provide prohibited telecommunications equipment or services to the Government (FAR 52.204-24(d)(1)) ○
– Requires offerors to represent whether they do or do not use prohibited telecommunications equipment or services, regardless of whether that use is in performance of a Federal contract (FAR 52.204-24(d)(2))
STEP 1 Review and Inspect
“Covered telecommunications equipment” in DoD contracted programs, production, or supporting personnel working areas. Definition below. Review and inspect all security monitoring systems and telecommunications (phones/conference phones/VTCs) made by the companies and or affiliates below, used/visual access/data transfer in your ANY AREA or FACILITY–> FOR ANY CONTRACT–> IN ANY INDUSTRY–> providing goods or services to the US Government. These devices are used for communicating, conferencing support, and monitoring of physical security.
General prohibition on telecommunications or video surveillance equipment or services produced or provided by the following companies (and associated subsidiaries or affiliates):
PROHIBITED CHINESE MANUFACTURERS:
- Huawei Technologies Company; or
- ZTE Corporation
- or affiliates:
- Hytera Communications Corporation;
- Hangzhou Hikvision Digital Technology Company; or
- Dahua Technology Company
REQUIRED TO REPORT
If your company or ANY SUBCONTRACTORS have ANY equipment by these companies in any of the DoD contract related areas or used by personnel supporting US DoD contracts… you are required to report it, see below.
STEP 2 GO TO
System for Award Management SAM.gov or DIBnet. The System for Award Management (SAM) is the Official U.S. Government system. For the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.
Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. For the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.
DoD Contracting Officers Required to check: Agencies use the SAM entity registration information to verify recipient compliance with requirements. The representations and certifications may be filled out annually and electronically. Offerors shall consult SAM to validate whether the equipment or services they are offering are from an entity providing equipment or services listed in the definition of “covered telecommunications equipment or services” (see FAR 4.2101), including any known subsidiaries or affiliates.
STEP 3 SELF-ATTEST
Representation. The Offeror represents that 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.
STEP 4 SELF-REPORT REQUIRED
FAR 52.204-25 (d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
Covered telecommunications equipment or servicesCovered telecommunications equipment or services means -(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, 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);(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.