Section 889 (Covered Telecom Prohibition)

Part A, in effect since August 13, 2019, bars procuring any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component or as critical technology. Part B, in effect since August 13, 2020, bars contracting with any entity that uses that equipment, whether or not the use touches federal work. Covered means telecommunications equipment from Huawei and ZTE, video surveillance gear from Hytera, Hikvision, and Dahua, and equipment or services from entities owned or controlled by the Chinese government.

The clause set does the work: offerors represent at 52.204-26 for the entity and at 52.204-24 for the specific offer, and 52.204-25 carries both prohibitions into the contract with a duty to report discovered covered equipment within one business day. The rule applies below the simplified acquisition threshold and to commercial and COTS buys. Waivers are narrow — a one-time agency head waiver with a phase-out plan, or a national security waiver from the Director of National Intelligence.

Part B is where contractors get caught. The prohibition reads at the entity level and reaches equipment with no connection to federal work, so a camera system at a commercial warehouse can spoil the representation. The 52.204-24 use representation runs on reasonable inquiry, which makes a documented, refreshed internal survey the only real defense.