Molly Retter July 14, 2020

The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for FY 2019 on July 10th. 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 part of any system on or after August 13, 2020, unless an exception applies or a waiver is granted. 

This directly affects telecommunications equipment produced by Huawei Technologies Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) or any other telecommunications company believed to be an entity owned or controlled by, or otherwise connected to, the government of the People’s Republic of China. 

The United Kingdom’s Prime Minister Boris Johnson ordered Huawei equipment to be purged completely from Britain’s 5G network by 2027 pleasing U.S. interests. This has signaled that the world’s biggest telecoms equipment maker is no longer welcome in the West. Read more about the UK purging Huawei here.

A prepublication of this interim FAR rule that has been sent to the Federal Registry is being posted early. Formatting or other administrative changes may be made by the Federal Register prior to publication.    

The official version of the interim FAR rule will appear on the Government Printing Office’s FDsys website. Public comments will be accepted in accordance with the Addresses section of the rule after the publication of the official version in the Federal Register. 

Details regarding this interim rule include:

  • Action: Interim Rule
  • Title: FAR Case 2019-009, Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment
  • Docket ID #: 2019-009, Sequence No. 1
  • RIN: 9000-AN92