Overview
This section defines the regulatory scope of FAR Subpart 4.21, identifying it as the implementation of statutory prohibitions established by Section 889 of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019.
Key Rules
- Implementation of Section 889(a)(1)(A): Establishes the prohibition against the Government procuring or obtaining any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system.
- Implementation of Section 889(a)(1)(B): Establishes the prohibition against the Government entering into, extending, or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system.
- Legal Authority: Explicitly links administrative acquisition policy to Public Law 115-232.
Practical Implications
- Supply Chain Diligence: Contractors must verify that the products they provide to the government do not contain prohibited technology from specific entities (such as Huawei or ZTE).
- Corporate-Wide Compliance: Under paragraph (a)(1)(B), contractors are prohibited from using covered telecommunications equipment in any part of their business operations, regardless of whether that equipment is used specifically to perform a federal contract.