Overview
This section outlines the specific steps a Contracting Officer (CO) must take when evaluating offeror representations and handling contractor reports regarding prohibited telecommunications and video surveillance services or equipment. It establishes a tiered system for verifying compliance with Section 889 of the SECURE Technology Act.
Key Rules
- Reliance on Representations: Contracting officers are permitted to rely on an offeror’s "does not" or "will not" representations in provisions 52.204-26, 52.212-3, or 52.204-24 unless they have a specific reason to question the statement.
- Tiered Verification:
- If an offeror identifies the use or provision of prohibited technology in the initial annual representation (52.204-26 or 52.212-3), they are required to complete more detailed offer-by-offer representations in 52.204-24.
- If an offeror further confirms in 52.204-24 that they "will" provide or "does" use prohibited items, they must provide full detailed disclosures as required by paragraph (e) of that provision.
- Agency Notification: If a representation is questioned, or if an offeror discloses the use of prohibited technology, the CO must follow specific internal agency procedures.
- Post-Award Reporting: If a contractor reports prohibited equipment or services during the performance of a contract (pursuant to 52.204-25), the CO is mandated to follow agency-specific protocols for mitigation or reporting.
Practical Implications
- Administrative Streamlining: COs are not required to conduct independent audits of every offeror’s supply chain; they can accept self-certifications at face value in the absence of "red flags."
- Disclosure Burden: Offerors using prohibited telecommunications (such as those from Huawei or ZTE) face immediate administrative hurdles, requiring detailed technical disclosures that trigger specialized agency reviews.
- Compliance Risk: Because the CO must follow "agency procedures" upon a positive disclosure, contractors should expect significant delays or potential disqualification unless a waiver is pursued.