The Department of Defense has asked PTAC to share this important information. Effective August 13, 2020 there is a prohibition on contracting with certain entities using certain telecommunications and video surveillance services or equipment. DoD contracting officers are expected to begin sending awards -and modifications - to existing awards.
Two important pieces of information on Pages 9 and 10 of the DoD Implementation Memo are highlighted.
List of providers of prohibited goods and services, listed below:
- Huawei Technologies Company or
- ZTE Corporation (or any subsidiary or affiliate of those entities) and
- Certain video surveillance products or telecommunications equipment and services produced or provided by:
- Hytera Communications Corporation
- Hangzhou Hikvision Digital Technology Company, or
- Dahua Technology Company (or any subsidiary or affiliate of those entities).;
- Definition of “reasonable inquiry”.
- The reasonable inquiry is the standard to which DoD expects businesses to attempt to identify whether or not their products and service providers are among the five prohibited providers.
- Reasonable inquiry means 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 used by the entity that excludes the need to include an internal or third party audit.
- Please direct your attention, in particular, to “…information in the entity’s possession” and “..excludes the need for ….internal or third-party audit.”
Basically, look around your facilities, do you see or otherwise know if any of your or services are provided by the prohibited providers? Do you receive invoices from service providers matching these. If not, you may represent that a reasonable inquiry found no use of prohibited provider’s goods or services.
The directions surrounding this topic are evolving. There will undoubtedly be more information released as time passes. Until you get credible direction that conflicts or adds to what is provided here, or until DoD or PTAC send more updates, please use this as a guide.
I also attached the FAR case that was published in the Federal Register for those of you who like a lot of information.