XL EagleSection 889 (Section 889 of the FY2019 National Defense Authorization Act)
Section 889 stands for Section 889 of the FY2019 National Defense Authorization Act. Section 889 is a law that bans covered telecommunications and video surveillance equipment and services from certain Chinese companies, including Huawei, ZTE, Hytera, Hikvision, and Dahua, and their subsidiaries and affiliates.
Part A bars the government from buying products or services that use this equipment. Part B bars the government from contracting with any company that uses it, even in business operations unrelated to the contract. Offerors must make representations in the FAR provisions 52.204-24 and 52.204-26.
Why it matters to a small contractor
Check your office and job-site gear, like security cameras, DVRs, phones, and radios, for these brands. Many low-cost cameras use Hikvision or Dahua parts under other labels. You must answer the Section 889 representations honestly, and a wrong answer can create serious liability.
Example
A small security company installs cameras for commercial clients. Before bidding a federal job, they review their product line, find one camera brand uses Dahua components, and drop it from their federal offerings.
Section 889: common questions
Which companies are covered by Section 889?
Huawei, ZTE, Hytera, Hikvision, Dahua, and their subsidiaries and affiliates are named. Other entities can be added by the government.
Does Section 889 apply to subcontractors?
Yes. The clause flows down, and primes generally require subs to make the same representation.
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