52.204-26 Covered Telecommunications Equipment or Services-Representation
Source: FAR 52.204-26 on acquisition.gov
Offerors must certify, after a reasonable inquiry, whether they provide or use covered telecommunications equipment or services in connection with federal contracts.
Overview
FAR 52.204-26 requires offerors to represent whether they provide or use covered telecommunications equipment or services in connection with federal contracts. This provision is part of the government's efforts to prevent the use of certain telecommunications and video surveillance equipment or services from entities that pose national security risks, as defined in FAR 52.204-25. Offerors must conduct a reasonable inquiry and review the System for Award Management (SAM) to ensure compliance before making their representation.
Key Rules
- Definitions Reference
- The terms "covered telecommunications equipment or services" and "reasonable inquiry" are defined in FAR 52.204-25 and must be understood and applied accordingly.
- SAM Review Requirement
- Offerors must check the SAM database for entities excluded from federal awards due to involvement with covered telecommunications equipment or services.
- Mandatory Representation
- Offerors must explicitly state whether they provide or use covered telecommunications equipment or services in their offer, based on a reasonable inquiry.
Responsibilities
- Contracting Officers: Ensure the provision is included in solicitations and verify offeror representations.
- Contractors/Offerors: Conduct a reasonable inquiry, review SAM, and accurately complete the representation regarding covered telecommunications equipment or services.
- Agencies: Oversee compliance and address any discrepancies or false representations.
Practical Implications
- This provision is designed to protect national security by restricting federal procurement from entities using or providing certain telecommunications equipment or services.
- Contractors must be diligent in their internal reviews and documentation to avoid misrepresentation.
- Failure to comply or inaccurate representations can result in exclusion from federal contracts or other penalties.
As prescribed in 4.2105(c), insert the following provision:
Covered Telecommunications Equipment or Services-Representation (Oct 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov" target="_blank">https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c)
(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)