4.2101
Definitions
Understanding these definitions is essential for ensuring compliance with prohibitions on certain telecommunications and video surveillance equipment or services in government contracts.
Overview
FAR 4.2101 provides definitions for key terms used in Subpart 4.21, which addresses prohibitions on contracting for certain telecommunications and video surveillance services or equipment. These definitions clarify what constitutes covered equipment, services, and entities, as well as technical terms relevant to compliance. Understanding these definitions is essential for contractors and contracting officers to ensure they do not inadvertently use or procure prohibited technologies or services, particularly those linked to specific Chinese companies or the Chinese government, and to identify what constitutes critical technology and substantial components.
Key Rules
- Covered Telecommunications Equipment or Services
- Specifies which companies and types of equipment/services are prohibited, including those from Huawei, ZTE, Hytera, Hikvision, Dahua, and their affiliates, as well as any entity connected to the Chinese government.
- Critical Technology
- Defines what is considered critical technology, referencing several federal regulations and export control lists.
- Other Key Terms
- Defines technical and compliance-related terms such as backhaul, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component.
Responsibilities
- Contracting Officers: Must apply these definitions to determine compliance with prohibitions in Subpart 4.21 and ensure solicitations and contracts do not include covered equipment or services.
- Contractors: Must understand and use these definitions to conduct reasonable inquiries and certify compliance, avoiding prohibited technologies and services.
- Agencies: Oversee compliance and may need to consult with defense or intelligence officials regarding covered entities.
Practical Implications
- This section exists to provide clarity and consistency in applying the prohibitions of Subpart 4.21.
- Accurate understanding of these definitions is critical for compliance, as misinterpretation can lead to contract violations or procurement of prohibited technology.
- Common pitfalls include failing to recognize affiliates of covered companies or misunderstanding what constitutes a substantial or essential component.