FAR form 889 is a federal law and accompanying regulation designed to protect the US national security. FAR form 889 limits the government’s access to “covered” equipment or services manufactured or provided by companies with ties to the People’s Republic of China.
What is a DD Form 889?
NATIONAL DEFENSE AUTHORIZATION ACT (NDAA) SECTION 889 REPRESENTATION FORM. Merchant/Company Name (Offeror)
What is the 889 rule?
Section 889(a)(1)(B) prohibits executive agencies from entering into, or 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, or as critical technology as part of any …
How do you become 889 compliant?
5 Tips for Complying with New Section 889 Supply Chain…
- Ban against Procuring “Covered Telecommunications Equipment or Services”
- Exceptions and Waivers.
- New FAR Clauses Requiring Offeror Representations and Reporting Obligations.
- GSA Announces Mass Modification for Multiple Award Schedule Contracts.
Who does section 889 apply to?
Separately, Section 889 prohibits government contractors from using these prohibited items or services, regardless of whether they are used in the performance of work under a federal contract. The five prohibited Chinese companies are: Huawei Technologies Company. ZTE Corporation.
What is NDAA Section 889 compliance?
Section 889(a)(1)(B) of the 2019 National Defense Authorization Act (NDAA) prohibits recipients of federal funding awards from using or procuring certain covered telecommunications equipment or services.
Does section 889 apply to subcontractors?
Section 889 Part B only applies to prime contractors. This clause does not flow down to subcontractors.
Who is responsible for granting 889 waivers?
With respect to Section 889(d)(1), the General Services Administration (GSA) Administrator hereby delegates the authority to grant waivers to the Senior Procurement Executive, and take all necessary related actions, for all procurements not associated with any PSC listed in the ODNI Strategic Supply Chain Security …
What is TAA compliance?
A good or service is TAA-compliant if manufactured or substantially transformed in the United States or manufactured in a TAA-designated country. A TAA-designated country is a nation with which the U.S. maintains a trade agreement and regards as a reliable or acceptable procurement source.
What is considered covered telecommunications equipment or services?
“Covered telecommunications equipment,” as currently defined by FAR 4.2101, includes equipment and services produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of those entities) and certain video surveillance products or telecommunications equipment and services …
Which procurements are impacted by the 889 rule?
Section 889 has several rules prohibiting the use of federal funding for the procurement of the “covered telecommunications products or services,” including Section 889(a)(1)(A), which went into effect in August 2019 and prohibits federal agencies from procuring any equipment, system, or service that uses covered …
Does section 889 apply to micro purchases?
A: Yes your interpretation for non-IT micro-purchases is correct, as long as you consider other vendors in market research.
What does Part B do in section 889?
Part B, sometimes referred to as the Chinese telecommunications equipment ban, broadly prohibits the federal government from contracting with entities that use certain Chinese telecommunications (including video surveillance) equipment and services.
What is the reasonable inquiry standard Section 889?
Contractor “Reasonable Inquiry”
(As a reminder, reasonable inquiry is defined as “an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity.
Who needs NDAA compliant?
Signed into law in 2019 through the National Defense Authorization Act, Section 889 compliance explicitly prohibits United States federal entities, recipients of grants or loans, and contractors from using equipment or products banned by the United States.
What is required to be TAA compliant?
A product is TAA compliant if: At least 50% of its overall manufacture cost originates from the US or designated countries. The product has undergone substantial transformation in the US or designated countries.
Is India a TAA?
The full list of countries that are not TAA Compliant are: China. India. Indonesia.
What is GSA?
GSA stands for the General Services Administration which is a government agency that was established in 1949. The agency has evolved over the years and today is tasked with managing government buildings and real estate, providing product and service procurement support, and developing policies and regulations.