section 889 reasonable inquiry standard

[1] The reasonable inquiry is the standard to which DoD expects businesses to attempt to identify whether or not their products and service . What part of the FAR covers section 889. Although clear guidance on what measures fulfill the "reasonable inquiry" standard remain notably absent, the breadth and depth of this inquiry will vary among entities. . Although clear guidance on what measures fulfill the "reasonable inquiry" standard . The prohibition applies whether or not such equipment or services are actually used in performance of the federal contract. Standard Operating Procedure beta.SAM.gov Representations and Certifications Section 889 Search Purpose: The purpose of this Standard Operating Procedure (SOP) is to provide instructions to assist cardholders with searching for vendor Section 889 Representations before making purchases from open market sources. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered the offeror is to make this representation after conducting a "reasonable inquiry," which is defined as: . A reasonable inquiry is an inquiry designed to uncover any information in the entity's possession—primarily documentation or other records—about the identity of the producer or provider of covered telecommunications equipment or services used by the entity. 3. 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. reasonable inquiry: the standard that underlies the section 889 (b) compliance contract representation is that entities make a "reasonable inquiry," which is defined 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 used … DoD Implementation of the Section 889(a)(1)(B) Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment . ANSWER: TRUE. 11 December 2020 . L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service It builds on an earlier rule that implemented Section 889 (a) (1) (A) of the FY19 NDAA on August 13, 2019 by prohibiting an executive branch agency from acquiring certain covered telecommunications. Section 889 of the Fiscal Year 2019 National Defense Authorization Act We previously discussed the two prohibitions (Part A and Part B) under Section 889(a)(1) of the Fiscal Year 2019 National Defense Authorization Act. The interim rule adopts a "reasonable inquiry" standard when an offeror represents whether it uses covered telecommunications equipment. t3xmex16. The Interim Rule introduces a new "reasonable inquiry" standard for contractors: "An entity may represent that it does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services within the meaning of this rule, if a reasonable inquiry by the . Provisions and Clauses.pdf - FA466122Q0004. Network Topology. "Reasonable Inquiry" Standard. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered . paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It does, does not use covered telecommunications equipment or services, or use any equipment, system, or 10. In the latest development relating to the implementation of Section 889 of the National Defense Authorization Act for FY 2019, a second interim rule was issued on August 27, 2020. For more detail on Part A and Part B, see our blog here. section 889 prohibits the federal government from directly procuring "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 as a part of any system" or entering into a contract with any entity that uses such covered … Reasonable Inquiry Standard. Section 889 Representations for eMarketplace Vendors: SIA provided its comments (see download link below) on the interim final rule issued by the Federal Acquisition Regulatory (FAR) Council on July 14, 2020, which implements Section 889(a)(1)(B), known as "Part B." Effective August 13, 2020, the rule prohibits agencies from contracting with entities that use covered . L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered . " A reasonable inquiry is an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered . (1) The head of an executive agency may not—. . Section 889 (a) (1) (B) prohibits agencies from entering into (or extending or renewing) a contract with a company that uses covered telecommunications equipment or services (underlining added): (a)Prohibition on Use or Procurement.—. Rule Makes Helpful Interpretations But Needs Additional Clarification. The restrictions, which emanate from Section 889 of the NDAA, concern companies that use products or services from Huawei and other identified China-based companies. Education. VP, Product Marketing. Under (2) (i) and (ii) identify if "does" or "does not" is selected 11. Section 889 applies broadly to prime contractors, subcontractors, and other contractual arrangements connected with a government contract. The interim rule adopts a "reasonable inquiry" standard when an offeror represents whether it uses covered telecommunications equipment. The FAR Council's Second Interim Rule Implementing NDAA Section 889(a)(1)(B): And The Hits Keep Coming! as the "reasonable inquiry" standard imposed on prime contractors expressly requires that they make a representation as to equipment or services "used by the entity," it seems prime . There are two prohibitions in the legislation, Part A and Part B. The sweeping nature of Section 889(a)(1)(B) has proven challenging to implement and many questions remain about which telecommunications equipment and services are covered by the rule and what constitutes a reasonable inquiry. We previously reported on the Federal Acquisition Regulation (FAR) Interim Final Rule on Section 889(a)(1)(B)'s aspects of the ban, which applies to government contractors whetherRead More A "reasonable inquiry" is 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. The Interim Rule implements Section 889 of the FY19 National Defense Authorization Act, which bans federal agencies from contracting with any "entity" that uses such technologies. Increasingly, the devices we all rely on — including the . Although the Section 889(a)(1)(B . Gloria Larkin. t3xmex16. Here is a high-level overview of each: Section 889 Part A says that a contractor cannot sell or provide prohibited telecommunications (telecom) to federal agencies. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. August 18, 2020. If there is a silver lining, it is the "reasonable inquiry" standard the interim rule specifies. Section 889 (a) (1) (A) The government cannot procure or obtain products that use the prohibited covered technology as a substantial or essential component of any system, or as critical technology as part of any system. A reasonable inquiry is an inquiry designed to uncover any information in the entity's possession—primarily documentation or other records—about the identity of the producer or provider of covered telecommunications equipment or services used by the entity. . Faced with this new representation requirement, offerors and prime contractor offerors will be required to conduct a "reasonable inquiry" into their operations to determine whether they use the covered equipment or services in the manner described by Section 889. Regulatory Familiarization. This blog post provides practical guidance on the . section 889 of the 2019 national defense authorization act (ndaa) broadly prohibits federal executive branch agencies from obtaining, or contracting with entities that use, certain "covered telecommunications equipment or services," specifically those produced by five chinese companies (and any subsidiary or affiliate thereof)—as a "substantial … (b) Prohibition. The interim rule addresses the new prohibition on A reasonable inquiry need not include an internal or third -party audit. Section 889 was part of the John S. McCain National Defense Authorization Act (NDAA) that was signed into law on August 13, 2018. Effective August 2019 Interim Rule A reasonable inquiry need not include an internal or third-party audit. Data Communication. "interconnection arrangements", "reasonable inquiry", "roaming", and "substantial or essential component" have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. . "Reasonable Inquiry" Standard for Part B "A reasonable inquiry is an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of . after conducting a reasonable inquiry, to provide a representation regarding use of covered telecommunications equipment or services when submitting an offer . Other Quizlet sets. As part of a recent wave of supply chain requirements, Section 889 of the 2019 National Defense Authorization Act ("NDAA") imposed major new limitations on the use of certain Chinese telecommunications products and services in federal procurement, and recent implementing regulations mandate a range of compliance actions relating to the ban. On July 14, 2020, the Federal Acquisition Regulatory (FAR) Council issued an interim final rule intended to clarify the scope and application of the requirements set forth in Section 889(a)(1)(B) of the FY2019 National Defense Authorization Act (FY19 NDAA). The substantive portion of the webinar began with an overview of Section 889 Part A (the supply chain prohibition) and Part B (the "use" prohibition). The legislation was passed to combat certain national security concerns that face the United States. • The statutory prohibitions of Section 889 are implemented through . It has been accepted for inclusion in Graduate Theses and by . A reasonable inquiry need not include an internal or third-party audit. Virtual Network. Section 889 prohibits the federal government from procuring covered equipment, systems or services from certain China-based companies and also prohibits the government from procuring from a business that uses such covered equipment or services. Although clear guidance on what measures fulfill the "reasonable inquiry" standard remain notably absent, the breadth and depth of this inquiry will vary among entities. On July 14, 2020 the Department of Defense ("DoD"), General Services Administration ("GSA"), and the National Aeronautics and Space Administration ("NASA") published an Interim Rule amending the Federal Acquisition Regulation ("FAR") in order to implement Section 889 (a) (1) (B) of the FY 2019 National Defense Authorization Act ("NDAA"). Commentary on the rule indicates that a reasonable inquiry "need not include an internal or third-party audit." The law was enacted two years ago with a compliance deadline of August 13, 2020. the entity . The rule implements Section 889(a)(1 . The rule implements Section 889(a)(1 . United States: The FAR Council's Second Interim Rule Implementing NDAA Section 889(a)(1)(B): And The Hits Keep Coming! . A reasonable inquiry need not include an internal or third-party audit. 7 terms. Section 889 "Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment" established a " (a) Prohibition on Use or Procurement.—. the offeror is to make this representation after conducting a "reasonable inquiry," which is defined as: . . 7 terms. (1) The head of an executive agency may not— (A . Section 889(a)(1)(A) . Section 1: Certificate of Good Faith, Reasonable Inquiry or Merit & Written Opinion Letter A Guide to Resources in the Law Library SCOPE: Bibliographic resources relating to the certificate of good faith, reasonable inquiry or merit and the written opinion letter required in negligence actions against health care providers. ANSWER: 4.21. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered . • Reasonable inquiry is defined as an inquiry designed to identify The US Government continues to implement measures intended to restrict the provision or use of Chinese-origin goods and technology. • Section 889 of the National Defense Authorization Act (NDAA) FY19 became effective August 13, 2020. Steps to Search beta.SAM.gov: 1. L. 115-232) prohibits the head of an executive agency on or after August Section 889 deadline looms for Chinese threats. One of the biggest threats to our national security is that hostile actors could exploit vulnerabilities to access our government's systems and data. Within 2019 National Defense Authorization Act NDAA's more than 1,000 sections is one that will have a significant impact on many health care industry known as Section 889. Please check the appropriate box below: [ ] [Vendor] has conducted a reasonable review of the parts, technology and services being provided to Corus International and determined that all of the devices, components, services -. as the "reasonable inquiry" standard imposed on prime contractors expressly requires that they make a representation as to equipment or services "used by the entity," it seems prime . Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications . Network Types. A "reasonable inquiry" is 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. 1127. NDAA Section 889 Vendor Compliance Inquiry - RESPONSE FORM . Specific topics of discussion included: Contractor "Reasonable Inquiry" By. t3xmex16. 9. section 889 (a) (1) (b) prohibits executive agencies from entering into, or extending or renewing, a contract with an entity that uses 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 as part of any system, on or after … Chris Dobrec. Although clear guidance on what measures fulfill the "reasonable inquiry" standard . The Subsection 889(a)(1)(B) Interim Rule seeks for contractors to conduct a "reasonable inquiry" - not just in an annual certification, but rather every time they submit an offer. Education. Section 889 of the FY 2019 National Defense Authorization Act (NDAA) includes two prohibitions detailed in Part A and Part B. Part A prohibits the government from procuring any equipment, system or service that uses "covered telecommunications equipment or services as a substantial or essential . Final Step: Refer to Procurement Memorandum 2021-02 Revised to determine how to proceed with the purchase. "Reasonable inquiry" means "an inquiry designed to uncover any information . . Furthermore, this duty of "reasonable inquiry" extends to their supply . As of Aug. 13, every federal contractor, whether a one-person operation, or a multi-billion dollar corporation, must certify that they and their extended supply chains, do not use, contain, install or sell covered . Larger entities with an international presence will . In Section 889, Congress sought to exclude certain Chinese telecommunications and video surveillance equipment from the federal Government supply chain. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. Although clear guidance on what measures fulfill the "reasonable inquiry" standard remain notably absent, the breadth and depth of this inquiry will vary among entities. Section 889 of the NDAA for FY 2019 contains two prohibitions related to Federal contracting: The first prohibition, set forth in section 889(a)(1)(A), took effect August 13, 2019, and . Definition of "reasonable inquiry". (A) procure or obtain or extend or renew a contract to . an understanding of the Section 889 requirements; a reasonable inquiry to identify any covered equipment within or affecting the entity's infrastructure, systems, or services, including shared . 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