Title : Understanding Section 889 Part B - Prohibited Telecom

We present a comprehensive understanding of Section 889 Part B - Prohibited Telecom:

Introduction

Having an impact on all federal contractors that includes those with GSA MAS Contracts, Section 889 Part B of the FY 2019 NDAA was implemented in August 2020. It carries far-reaching implications for the federal contracting sphere:

Section 889 Part B Overview

• Specifically prohibits federal contractors from using particular telecommunications equipment and services.
• This is not limited to the provision of such telecom to federal agencies but also extends to any usage by the contractors themselves.
• A distinct departure from Part A which focuses on blocking the selling of or providing these types of prohibited telecom services to federal agencies.

Implications

Many important parameters need to be considered for federal contracting:

1. These parameters apply to prime contractors only, and not to subcontractors.
2. There is a requirement for contractors to state whether they use prohibited telecom in their professional operations.
3. It dramatically impacts the ability to accept federal contracts, including GSA MAS Contracts without conforming to these compliance rules.

Prohibited Telecom Defined

This involves any equipment or services that derive from specific companies such as Huawei, ZTE, Dahua Technology, Hangzhou Hikvision Digital Technology, and Hytera Communications. It also includes anything that forms a critical or substantial component of any system or vital technology:

Exceptions

There are a few significant exceptions:

• Service connections involving third-party facilities and telecommunications that do not route user data.
• Specific backhaul, roaming, or interconnection arrangements that are exempt.

Waiver Process

Though waivers are theoretically possible, they are stringent in practice and usually based on national security:

1. They offer a possibility of delayed implementation up till August 2022 if an agency waiver is issued.

Compliance Steps

The Steps for compliance to Section 889 Part B include:

1. Understanding of the rules: Familiarize with Section 889 Part B requirements.
2. Conducting a reasonable inquiry into the existing company data to identify prohibited telecom usage.
3. Planning for removal: If prohibited telecom is found, plan for its phase-out and evaluate any potential waiver options.
4. Educating employees: Ensure all staff members are aware of Section 889 and its compliance requirements.
5. Represent compliance in future contracts: Declare telecom usage status when responding to federal orders.
6. Annual representation in SAM.gov: Once the updates are done, annually represent the status of telecom usage.

Significance

With Section 889 Part B, the onus is significant on federal contractors to ensure their telecommunications infrastructure and services are completely in line with national security standards. Contractors need to assess and modify their telecom usage proactively to maintain eligibility for federal contracts:

Conclusion

In conclusion, compliance with Section 889 Part B is absolutely crucial to remain eligible as a contractor for federal jobs and to contribute effectively towards national security efforts. Led by a former GSA Schedule Reviewer, we offer the best GSA Schedule Consulting services. The legislation highlights the increasingly critical focus on cybersecurity and national security within federal contracting.