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