Section 889, Part A, Part B and the form.

Part A and Part B

• Part A, section 889(a)(1)(A). An agency may not procure or obtain, or extend or renew 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. In force since 13 August 2019.
• Part B, section 889(a)(1)(B). An agency may not enter into, extend or renew a contract with an entity that uses any such equipment, system or service. In force since 13 August 2020. The FAR says this applies regardless of whether the use is in performance of a federal contract.
• Two exceptions. Services that connect to a third party’s facilities, such as backhaul, roaming or interconnection arrangements; and equipment that cannot route or redirect user data traffic or permit visibility into the user data or packets it handles.
• Waivers. The agency waivers allowed by the statute ran out on 13 August 2021 (Part A) and 13 August 2022 (Part B). The Director of National Intelligence can still waive in the national security interest.

What counts as covered

Section 889(f)(3) defines covered telecommunications equipment or services as: telecommunications equipment produced by Huawei or ZTE (or any subsidiary or affiliate); video surveillance and telecommunications equipment produced by Hytera, Hangzhou Hikvision or Dahua (or any subsidiary or affiliate) for public safety, security of government facilities, physical security surveillance of critical infrastructure and other national security purposes; services provided by those companies or using that equipment; and equipment or services from entities the Secretary of Defense names as owned or controlled by, or connected to, the government of the People’s Republic of China.

The statute turns on who produced the equipment, and the representation asks you to name the producer and say whether it was the maker or a distributor. The brand on the box may not be the producer. For its own equipment authorisations, the FCC has said that re-branding does not change the status of covered equipment (FCC 22-84, paragraphs 187–188). See our guide to NDAA-compliant cameras and drones.

Reasonable inquiry

The representation about use is made “after conducting a reasonable inquiry”. FAR 4.2101 defines that as an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services it uses. It does not require an internal or third-party audit. In practice that means asking what you already know or can find in your own records:

1. List what you runPhones, routers, switches, firewalls, Wi-Fi, cameras, recorders, radios, and the services you buy: internet, phone, hosting, monitoring.
2. Find who produced each itemFrom invoices, asset records, device labels, admin pages and the supplier’s own documents. Note anything sold under a brand that is not its maker.
3. Ask your providersFor telecom, hosting and security monitoring services, ask in writing whether they use covered equipment in delivering the service to you, and keep the answer.
4. Write it down and date itKeep what you checked, what you found and when. Repeat it before the annual SAM representation and when you change suppliers.

The representation, walked through

In SAM, once a year: FAR 52.204-26

In your SAM registration you represent, in paragraph (c)(1), that you do or do not provide covered telecommunications equipment or services as part of the products or services you offer the Government; and in (c)(2), after a reasonable inquiry, that you do or do not use covered telecommunications equipment or services, or any equipment, system or service that uses them. FAR 52.204-8 lists 52.204-26 among the annual representations that apply to all solicitations.

In an offer: FAR 52.204-24

1. Check whether you can skip itIf you answered “does not” to both parts of 52.204-26 in SAM, the provision says you do not complete (d)(1) and (d)(2). A contracting officer may rely on that unless there is reason to question it.
2. (d)(1): will you provide it?Represent that you will or will not provide covered telecommunications equipment or services to the Government in performance of the resulting contract.
3. (d)(2): do you use it?After a reasonable inquiry, represent that you do or do not use covered telecommunications equipment or services, or any equipment, system or service that uses them.
4. (e): disclose if the answer is “will” or “does”For equipment: the entity that produced it (name, UEI, CAGE code, and whether it is the maker or a distributor), a description (brand, model or part number), and an explanation of the proposed use and any factors relevant to whether it is permitted. For services: a description of the service and the proposed use.

After award: FAR 52.204-25

The prohibition clause sits in the contract. If you find covered equipment or services during performance, report to the contracting officer (for the Defense Department, through dibnet.dod.mil) within one business day, with the details and your mitigation, and follow up within 10 business days. The clause flows down to subcontracts, without the Part B use ban.

The new numbers under the FAR overhaul

The codified FAR still carries subpart 4.21 and clauses 52.204-24, -25 and -26 (FAC 2026-01). But most agencies now buy under Revolutionary FAR Overhaul class deviations that move Section 889 to FAR Part 40 (the prohibition at 40.202(d)) and replace the three clauses with provision 52.240-90 and clause 52.240-91. GSA’s deviation took effect on 3 November 2025; the Defense Department’s on 1 February 2026.

• No boxes. Under 52.240-90, submitting the offer is itself the representation that you will not provide and do not use covered telecommunications, unless you disclose or rely on a waiver.
• 72 hours. Disclosures and reports under the deviation clauses run on 72 hours.
• Proposed rule. The FAR Council’s proposed rule (FAR Case 2026-001, 91 FR 37550, 23 June 2026) would number them 52.240-2 and 52.240-3 and remove the annual SAM representations in 52.204-8. It is not final.

Read the solicitation in front of you: it tells you which provision applies.

Questions people ask

What is the difference between Section 889 Part A and Part B?

Part A bars federal agencies from buying equipment, systems or services that use covered telecommunications equipment or services as a substantial or essential component, from 13 August 2019. Part B bars agencies from contracting with any entity that uses such equipment or services, whether or not the use is in federal work, from 13 August 2020.

Which companies does Section 889 cover?

Huawei and ZTE for telecommunications equipment, and Hytera, Hangzhou Hikvision and Dahua for video surveillance and telecommunications equipment used for public safety, government facility security, critical infrastructure surveillance and other national security purposes, together with their subsidiaries and affiliates, plus any entity the Secretary of Defense names as owned, controlled by or connected to the government of the People's Republic of China.

What is a reasonable inquiry under Section 889?

FAR 4.2101 defines it as an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services it uses. It does not require an internal or third-party audit.

Do I have to fill out FAR 52.204-24 in every offer?

Not if you represented 'does not' to both parts of FAR 52.204-26 in your annual SAM representations; the provision says you then do not complete paragraphs (d)(1) and (d)(2). Under the FAR overhaul deviation provision 52.240-90, submitting the offer is itself the representation.

What is FAR 52.240-90?

It is the provision that replaces 52.204-24 and 52.204-26 for Section 889 (and related prohibitions) in agencies that have adopted the Revolutionary FAR Overhaul Part 40 class deviation, with 52.240-91 replacing 52.204-25. GSA's deviation took effect on 3 November 2025 and the Defense Department's on 1 February 2026. The codified FAR still carries the 52.204 numbers.

Primary sources

• John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232, section 889, enacted 13 August 2018.
• FAR subpart 4.21, FAC 2026-01, effective 13 March 2026.
• FAR 52.204-24 (Nov 2021), 52.204-25 (Nov 2021) and 52.204-26 (Oct 2020), acquisition.gov.
• Revolutionary FAR Overhaul, Part 40 deviation guide, acquisition.gov, updated 28 September 2026.
• FAR overhaul proposed rule, Parts 1, 2, 4, 33, 39, 40 and 53 (FAR Case 2026-001), 91 FR 37550, 23 June 2026.
• GSA Acquisition Letter MV-2020-10, updated 29 July 2025.

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