4.2102
Prohibition
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.