New Interim FAR Rule Regarding the Prohibition on Certain Chinese Telecommunications Services or Equipment

Government Contract Attorneys Eric Crusius, Christian Nagel and Kelsey Hayes wrote an article outlining a new interim rule issued by the Federal Acquisition Regulatory Council allowing offerors to provide annual representations via SAM.gov of certain Chinese telecommunications services or equipment. Section 899(a)(1)(A) of the 2019 National Defense Authorization Act prohibits agencies from obtaining or extending a contract to obtain telecommunications services or equipment from covered Chinese manufacturers such as Huawei Technologies Company or ZTE Corporation. A previous interim rule required offerors to make representations on a case-by-case basis, but this was found to be too cumbersome for contractors. The new rule allows offerors to complete this process on an annual basis, which should reduce the burden on those who do not provide covered equipment or services. The article was published in Pratt's Government Contracting Law Report.

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