Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment -- FAR sections affected: 52.204-26; 52.204-24; and 52.204-25

Listed in the order in which offerors and contractors provide the information, this clearance covers the information that offerors and contractors must submit to comply with the following FAR requirements meant to implement subparagraphs (a)(1)(A) and (a)(1)(B) of Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232): ● FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation. This provision requires offerors to: ○ Review the list of excluded parties in SAM for entities excluded from receiving Federal awards for “covered telecommunications equipment or services”. ○ Represent whether it does or does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. ○ Represents whether it does, or does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. ●FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. This provision requires offerors to respond only if the offeror represented that it “does provide or use covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraphs (c)(1) or (c)(2) of the FAR provision at 52.204-26, or in paragraphs (v)(2)(i) or (ii) of the FAR provision at 52.212-3. ● FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. In the event a 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 a contractor is notified of such by a subcontractor at any tier or by any other source, this clause requires contractors to: ○ Report the information in paragraph 52.204-25(d)(2) to the contracting officer, unless the contract has established other procedures for reporting the information; in the case of DoD, 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 DoD, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. ○ Report the following 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 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. ○ Report the following 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. ■ Describe efforts undertaken 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.

The latest form for Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment -- FAR sections affected: 52.204-26; 52.204-24; and 52.204-25 expires 2026-12-31 and can be found here.

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

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