4.2102 Prohibition
Source: FAR 4.2102 on acquisition.gov
Federal agencies and contractors are broadly prohibited from procuring or using certain covered telecommunications equipment or services, with strict compliance and limited exceptions to protect national security.
Overview
FAR 4.2102 establishes a strict prohibition on the procurement, use, or contracting for certain telecommunications and video surveillance equipment or services from specified entities, due to national security concerns. The rule applies to all federal agencies and contractors, with specific effective dates for different prohibitions and limited exceptions. It also requires that these prohibitions be recorded in the System for Award Management (SAM) to ensure transparency and compliance.
Key Rules
- Prohibition on Covered Equipment and Services (Post-August 13, 2019)
- Agencies cannot procure, obtain, extend, or renew contracts for equipment, systems, or services that use covered telecommunications equipment or services as a substantial or essential component, unless an exception or waiver applies.
- Prohibition on Contracting with Entities Using Covered Equipment (Post-August 13, 2020)
- Agencies cannot contract with, or extend/renew contracts with, any entity that uses covered telecommunications equipment or services, regardless of whether the use is related to federal contract performance, unless an exception or waiver applies.
- Exceptions
- Certain third-party connections (e.g., backhaul, roaming) and equipment that cannot route or access user data are exempt from the prohibition.
- Contracting Officer Responsibilities
- Contracting officers must not procure, obtain, or contract with entities in violation of these prohibitions unless an exception or waiver is in place.
- SAM Recording
- Prohibited entities and products are recorded in SAM, with DOD responsible for certain listings, to aid in compliance checks.
Responsibilities
- Contracting Officers: Must ensure no contracts are awarded, extended, or renewed in violation of these prohibitions, and must check SAM for restricted entities.
- Contractors: Must not offer or use covered telecommunications equipment or services unless an exception or waiver applies, and must be aware of their supply chain.
- Agencies: Must enforce compliance, maintain oversight, and ensure prohibitions are reflected in SAM.
Practical Implications
- This regulation is designed to protect federal information and systems from security risks posed by certain foreign telecommunications providers. Contractors must thoroughly vet their supply chains and technology use, as violations can result in contract ineligibility or termination. Common pitfalls include failing to identify covered equipment in use or misunderstanding the scope of the prohibition.
(a) Prohibited equipment, systems, or services.
(1) On or after August 13, 2019, agencies are prohibited from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (b) of this section applies or the covered telecommunications equipment or services are covered by a waiver described in 4.2104.
(2) On or after August 13, 2020, agencies are prohibited from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (b) of this section applies or the covered telecommunications equipment or services are covered by a waiver described in 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(b) Exceptions. This subpart does not prohibit agencies from procuring or contractors from providing-
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Contracting Officers. Unless an exception at paragraph (b) of this section applies or the covered telecommunications equipment or service is covered by a waiver described in 4.2104, Contracting Officers shall not—
(1) Procure or obtain, or extend or renew a contract (e.g., exercise an option) to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
(2) Enter into a contract, or extend or renew a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(d) Recording prohibitions in the System for Award Management (SAM).
(1) Prohibitions on purchases of products or services produced or provided by entities identified in paragraphs (1) and (2) of the definition of "covered telecommunications equipment or services" (including known subsidiaries or affiliates) at 4.2101 will be recorded in SAM (see 9.404).
(2) Prohibitions on purchases of products or services produced or provided by entities identified pursuant to paragraph (4) of the definition of "covered telecommunications equipment or services" (including known subsidiaries or affiliates) at 4.2101 are recorded by the Department of Defense in SAM (see 9.404).