4.2101 Definitions
Source: FAR 4.2101 on acquisition.gov
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.
As used in this subpart—
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means–
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means–
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4817&num=0&edition=prelim" target="_blank">50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.