With the implementation of the FAR 52.204-24 amendment effective August 13, 2019, government contractors and subcontractors will now be required to add an additional form to the bid to indicated whether they are (“It will”) or are not (“Will not”) using “covered telecommunications equipment” from certain Chinese manufacturers.
The FAR 52.204-24 amendment “prohibits […] an executive agency […] from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or serves as a substantial or essential component of any system, or as critical technology as part of any system.”
Government Contracts “for the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes.”
Covered Telecommunications Equipment = “Video surveillance and telecommunications equipment produced by Huawei Technology Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities.”
-“A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
-Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.”
-Covered Foreign Country = “The People’s Republic of China.”
-Critical Technology = “Defense articles or defense services included on the United States Munitions List” and “Items included on the Commerce Control List.”
-Substantial or Essential Component = “means any component necessary for the proper function or performance of a piece of equipment, system, or service.”
What you need to do now:
By selecting “will not,” you are stating that you will not be using any prohibited equipment. If this is the case, you are done after this step, just attach this form when submitting your bid.
By indicating “it will,” you are essentially applying for a one-time waiver. This will only be granted if the components are deemed necessary and is unlikely to be approved. If you do select this option, you are required to provide additional information as to the use, reasoning, and specifications of the exact equipment you plan to use.
For more information, the legal documentation can be found here.
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