Section 889 of the John S. McCain National Defense Authorization Act prohibits government contractors from providing the federal government with telecommunications or video surveillance equipment, systems, or services (or an essential component thereof) produced or provided by five Chinese companies and their subsidiaries and affiliates. Separately, Section 889 prohibits government contractors from using these prohibited items or services, regardless of whether they are used in the performance of work under a federal contract. The prohibited Chinese companies are listed here:
- Huawei Technologies Company
- ZTE Corporation
- Hytera Communications Corporation
- Hangzhou Hikvision Digital Technology Company
- Dahua Technology Company
In addition to these companies (and their subsidiaries and affiliates), Section 889 also applies to entities that the Secretary of Defense designates as entities "owned or controlled by, or otherwise connected to, the government of a covered foreign country." All the prohibited companies can be found on the updated list here.
Additional supply chain entities of concern can also be found here: www.fcc.gov/supplychain/coveredlist
Where to go for help?
For specific questions or contact information, please refer to the following contact list:
Procurement Services questions: https://procurement.caltech.edu/
Caltech Export Compliance Office for export issues: firstname.lastname@example.org
Research Administration for award-specific questions: email@example.com
Federal Register Notices
- 84 FR 22961 https://www.bis.doc.gov/index.php/documents/regulations-docs/2394-huawei-and-affiliates-entity-list-rule/file
- 84 FR 43487 https://www.bis.doc.gov/index.php/documents/regulations-docs/federal-register-notices/federal-register-2019/2436-temporary-general-license-rule-on-public-display-and-effective-8-19-19-and-to-publish-in-fr-on-8-21-19/file
- 85 FR 51596 https://www.bis.doc.gov/index.php/documents/regulations-docs/federal-register-notices/federal-register-2020/2593-85-fr-51596/file
- 85 FR 42665 https://www.federalregister.gov/documents/2020/07/14/2020-15293/federal-acquisition-regulation-prohibition-on-contracting-with-entities-using-certain
- 83 FR 28141 https://www.federalregister.gov/documents/2018/06/15/2018-12847/federal-acquisition-regulation-use-of-products-and-services-of-kaspersky-lab
Federal Award Terms
- FAR 52.204-24 https://www.acquisition.gov/far/52.204-24
- FAR 52.204-25 https://www.acquisition.gov/far/52.204-25
- FAR 52.204-26 https://www.acquisition.gov/far/52.204-26
- FAR 52.204-23 https://www.govinfo.gov/content/pkg/FR-2018-06-15/pdf/2018-12847.pdf
- NASA Memo "Preparing NASA Contractors for Section889(a)(1)(B) of National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019, Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment / Assessing Section 889 Impacts"
- NASA Brochure "Section 889 – Understanding the Basics of Section 889 and How NASA is responding"
- National Institutes of Health "https://grants.nih.gov/grants/guide/notice-files/NOT-OD-21-041.html"
- FCC https://www.fcc.gov/supplychain/coveredlist