DATE:August 29, 2019
SUBJECT: Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
An interim rule amending the Federal Acquisition Regulation (FAR) to implement section 889(a)(1)(A) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232) was issued on August 13, 2019 with immediate effect.
The rule requires Contracting Officers to include a new provision (FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment) in all solicitations issued before, on, or after August 13, 2019, provided that the resultant contract will be awarded on or after August 13, 2019. Additionally, the rule mandates inclusion of the new provision in all notices of intent to place an order, as well as solicitations for orders under indefinite-delivery indefinite-quantity (IDIQ) contracts. Finally, the rule requires Contracting Officers to include a new clause (FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment) in all new contracts, and to modify existing contracts to include the clause when exercising options or contemplating new orders under IDIQ contracts.
Because this rule stems from a matter of national security, it applies to both DOE and NNSA. It applies to M&O and non-M&O contracts and subcontracts, as well as purchase orders, including those below the simplified acquisition threshold, those below the micro-purchase threshold, and those made with a purchase card. It applies to contracts and subcontracts for commercial and commercial-off-the-shelf items.
An Acquisition Letter with more implementation details is forthcoming, and will be posted online when available at: https://www.energy.gov/management/acquisition-letters