Section 889 Policies

FAR Rules Issued by DoD, GSA, and NASA

DoD, GSA, and NASA issued multiple rules amending the Federal Acquisition Regulation (FAR) to implement section 889 of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232).

Section 889 Part A

Section 889(a)(1)(A) prohibits the Federal Government from procuring or obtaining, or extending or renewing a contract to procure or obtain “any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system,” on or after August 13, 2019, unless an exception applies or a waiver is granted.

FAR Rules implementing the requirements of section 889(a)(1)(A) are:

Federal Acquisition Circular (FAC) 2019-05
Published in the Federal Register on August 13, 2019.
- Introduction
- FAR Case 2018-017, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment; Effective August 13, 2019.
- Small Entity Compliance Guide
- Public Comments
Federal Acquisition Circular (FAC) 2020-03
Published in the Federal Register on December 13, 2019.
- Introduction
- FAR Case 2018-017, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment; Effective December 13, 2019.
- Small Entity Compliance Guide
- Public Comments

Section 889 Part B

Section 889(a)(1)(B) prohibits executive agencies from entering into, or extending or renewing, a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system unless an exception applies or a waiver is granted.

FAR Rules implementing the requirements of section 889(a)(1)(B) are:

Federal Acquisition Circular (FAC) 2020-08
Published in the Federal Register on July 14, 2020.
- Introduction
- FAR Case 2019-009, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment; Effective August 13, 2020.
- Small Entity Compliance Guide
- Public Comments
Federal Acquisition Circular (FAC) 2020-09
Published in the Federal Register on August 27, 2020.
- Introduction
- FAR Case 2019-009, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment; Effective October 26, 2020.
- Small Entity Compliance Guide
- Public Comments

GSA Guidance & Resources

The new telecom rules impact ALL contracts… are you prepared? Below is a list of resource documents and video recordings regarding Section 889.

GSA Webinars

GSA Section 889 Webinar Part I - September 10, 2020 GSA Section 889 Webinar Part II - September 10, 2020 GSA Section 889 Webinar Slides - September 10, 2020 GSA Section 889 Small Business Webinar - July 30, 2020 GSA Section 889 Small Business Webinar Slides - July 30, 2020

GSA Guidance

Frequently Asked Questions (FAQs) Decision Tree - Offeror Decision Tree - Current Contractor Provisions and Clauses Table Supply Chain Risk Management Criteria (Part A) Supply Chain Risk Management Criteria (Part B) GSA Acquisition Letter MV-20-10 (Instructions) GSA Class Deviation CD-2020-15 (Lease Acquisitions) GSA SmartPay Bulletin No. 033 (Card Management)

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