52.204-24
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
Offerors must accurately represent and, if applicable, disclose any provision or use of prohibited telecommunications equipment or services to comply with federal contract requirements under Section 889.
Overview
FAR 52.204-24 requires offerors to represent whether they will provide or use certain prohibited telecommunications and video surveillance equipment or services in the performance of a federal contract. This provision implements Section 889 of the FY19 NDAA, which prohibits the federal government from contracting with entities that provide or use covered telecommunications equipment or services from certain Chinese companies due to national security concerns. Offerors must review their supply chains, make specific representations, and provide detailed disclosures if they will provide or use such equipment or services.
Key Rules
- Representation Requirement
- Offerors must state whether they will provide or use covered telecommunications equipment or services in their offer. If they answer affirmatively, they must provide detailed disclosures.
- Prohibition Scope
- The government cannot contract with entities that provide or use covered telecommunications equipment or services as a substantial or essential component or as critical technology, with limited exceptions.
- Disclosure Obligation
- If the offeror will provide or use covered equipment/services, they must disclose the manufacturer, description, and intended use, and explain any factors relevant to the prohibition.
- SAM Review
- Offerors must check the System for Award Management (SAM) for entities excluded from federal awards for covered telecommunications equipment or services.
Responsibilities
- Contracting Officers: Ensure offerors complete the required representations and review disclosures for compliance.
- Contractors: Accurately represent and, if required, disclose any provision or use of covered telecommunications equipment or services.
- Agencies: Oversee compliance and enforce prohibitions under Section 889.
Practical Implications
- This provision exists to protect national security by preventing the use of certain foreign telecommunications technology in federal contracts.
- Contractors must conduct a reasonable inquiry into their supply chains and operations to ensure compliance.
- Failure to accurately represent or disclose can result in ineligibility for award or contract termination.