FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Basic (Nov 2021) (Current)

As prescribed in 4.2105(b), the contracting officer shall insert the clause at 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, in all solicitations and contracts.

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

      (a) Definitions. As used in this clause—

      Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

      Covered foreign country means The People’s Republic of China.

      Covered 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.

      Critical technology means–

           (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

           (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

                (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

                (ii) For reasons relating to regional stability or surreptitious listening;

           (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

           (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

           (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

           (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

      Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

      Reasonable inquiry means 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 that excludes the need to include an internal or third-party audit.

      Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

      Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

      (b) Prohibition.  

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, 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 services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government 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 system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

           (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, 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 system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

      (c) Exceptions. This clause does not prohibit contractors from providing—

           (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

           (2) 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.

      (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 products or commercial services.

(End of clause)
 

 (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 products or commercial services.

Mandatory;
  52.244-6   52.212-5 

52.222-50 Combating Trafficking in Persons.

52.204-26 Covered Telecommunications Equipment or Services—Representation.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.246-26 Reporting Nonconforming Items.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.222-50 Combating Trafficking in Persons.

52.246-26 Reporting Nonconforming Items.

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.246-26 Reporting Nonconforming Items.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

252.232-7015 Performance-Based Payments-Representation.

252.203-7004 Display of Hotline Posters.

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People’s Republic of China.

252.225-7975 Additional Access to Contractor and Subcontractor Records (DEVIATION 2020-O0001)

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

552.215-71 Examination of Records by GSA (Multiple Award Schedule).

552.215-72 Price Adjustment—Failure to Provide Accurate Information.

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.222-50 Combating Trafficking in Persons.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.246-26 Reporting Nonconforming Items.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures.

52.217-12 Reverse Auction Services.

252.232-7015 Performance-Based Payments—Representation.

252.225-7057 Preaward Disclosure of Employment of Individuals Who Work in the People’s Republic of China.

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People’s Republic of China.

252.237-7025 Preaward Transparency Requirements for Firms Offering to Support Department of Defense Audits—Representation and Disclosure.

252.237-7026 Postaward Transparency Requirements for Firms that Support Department of Defense Audits.

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation.

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

252.203-7003 Agency Office of the Inspector General.

252.203-7004 Display of Hotline Posters.

252.204-7000 Disclosure of Information.

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

252.209-7002 Disclosure of Ownership or Control by a Foreign Government.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

252.228-7005 Mishap Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles.

1852.246-74 Contractor Counterfeit Electronic Part Detection and Avoidance

5252.209-9513 ORGANIZATIONAL CONFLICT OF INTEREST INSTRUCTIONS (SERVICES) (NAVAIR)

5252.204-9504 Disclosure of Contract Information (NAVAIR) (Jan 2007)

5252.227-9207 Limited Release of Contractor Confidential Business Information

3052.203-70 Instructions for Contractor Disclosure of Violations

3052.205-70 Advertisements, Publicizing Awards, and Releases.

552.203-71 Restriction on Advertising.

552.215-70 Examination of Records by GSA.

552.237-73 Restriction on Disclosure of Information.

552.238-83 Examination of Records by GSA.

552.238-117 Price Adjustment—Failure To Provide Accurate Information.

652.225-70 Arab League Boycott of Israel.

1452.203-70 Restrictions on Endorsements.

1452.215-71 Use and Disclosure of Proposal Information-Department of the Interior.

1452.224-1 Privacy Act Notification.

1452.236-73 Prohibition on release of information – Architect-Engineer Services.

952.204-72 Disclosure of information.

952.204-75 Public affairs.

952.209-72 Organizational conflicts of interest.

952.223-75 Preservation of individual occupational radiation exposure records.

970.5204-3 Access to and ownership of records.

1352.209-72 Restrictions against disclosure.

1352.209-75 Title 13 and non-disclosure requirements.

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