4.2100
Scope of subpart
FAR 4.2100 sets the foundation for prohibiting federal contracts involving certain telecommunications and video surveillance equipment or services, as mandated by section 889 of the FY19 NDAA.
Overview
- FAR 4.2100 defines the scope of Subpart 4.21, which implements specific provisions of section 889(a)(1)(A) and (a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.
- The subpart establishes prohibitions on contracting for certain telecommunications and video surveillance services or equipment from designated entities, reflecting national security concerns.
Key Rules
- Implementation of Section 889(a)(1)(A) and (a)(1)(B)
- The subpart enforces statutory prohibitions on the use and procurement of covered telecommunications equipment and services.
- Applicability to Federal Contracting
- The rules apply to all federal contracts where the use or acquisition of certain telecommunications or video surveillance equipment/services is involved.
Responsibilities
- Contracting Officers: Must ensure solicitations and contracts comply with the prohibitions outlined in section 889.
- Contractors: Must certify and ensure they do not provide or use prohibited equipment or services in performance of federal contracts.
- Agencies: Responsible for oversight and enforcement of compliance with these prohibitions.
Practical Implications
- This section exists to protect U.S. government information and systems from potential security threats posed by certain foreign telecommunications providers.
- Contractors must be vigilant in their supply chains and certify compliance, or risk ineligibility for federal contracts.
- Non-compliance can result in contract termination, suspension, or debarment.