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ARTICLE · 03 AUGUST 2020

DoD Publishes Additional Section 889 Guidance

Taft's Government Contracts team recently provided a summary of the new Federal Acquisition Regulation (FAR) Interim Rule implementing Section 889...

United StatesMedia, Telecoms, IT, Entertainment

Taft's Government Contracts team recently provided a summary of the new Federal Acquisition Regulation (FAR) Interim Rule implementing Section 889(a)(1)(B) of the National Defense Authorization Act (NDAA) for Fiscal Year 2019. As we have already reported, Section 889(a)(1)(B) prohibits the government from contracting with an entity that uses covered telecommunications and video surveillance technology from certain Chinese companies. This prohibition is most commonly associated with Huawei, but it applies to several other Chinese companies and their affiliates, such as ZTE, Hytera Communications Corporation, Dahua Technology Company, and Hangzhou Hikvision Digital Technology.

The Department of Defense (DoD) has issued a memorandum (memo) to facilitate its implementation of the Section 889(a)(1)(B) and the Interim Rule. This memo details actions contracting officers must take pursuant to the rule, such as issuing modifications to existing solicitations and contracts to

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