FAR 4.2100—Scope of subpart.
Plain-English Summary
FAR 4.2100 is a short scope provision that tells readers what this subpart is for: it implements paragraphs (a)(1)(A) and (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. In practical terms, this means the subpart is part of the government’s supply-chain security framework and is aimed at restricting the federal government’s acquisition and use of certain covered telecommunications equipment and services. The section itself does not create the detailed prohibitions or procedures; instead, it identifies the statutory authority and signals that the subpart contains the rules contractors and contracting officers must follow. For contractors, this matters because compliance obligations in this area can affect representations, certifications, proposal preparation, subcontracting, and performance. For contracting officers and agencies, it establishes the legal basis for enforcing section 889-related restrictions in solicitations, awards, and contract administration.
Key Rules
Implements Section 889
This subpart exists to implement section 889(a)(1)(A) and (a)(1)(B) of the FY 2019 NDAA. Those statutory provisions are the source of the restrictions addressed elsewhere in the subpart.
Scope Is Limited
The section does not itself state the substantive prohibitions or exceptions; it only defines the subpart’s purpose and statutory foundation. Users must look to the rest of the subpart for the actual compliance requirements.
Telecom Security Focus
The subject matter is the federal government’s restrictions on covered telecommunications equipment and services. The practical effect is to protect federal systems and supply chains from certain foreign-linked telecom risks.
Responsibilities
Agency
Use this subpart as the governing framework for section 889-related acquisition restrictions and ensure solicitations, awards, and administration align with the statutory requirements it implements.
Contracting Officer
Apply the subpart’s requirements in procurement actions, including incorporating the appropriate clauses and ensuring offerors and contractors are subject to the section 889 rules where applicable.
Contractor
Recognize that this subpart signals mandatory compliance obligations tied to covered telecommunications equipment and services and prepare to meet the related representations, disclosures, and performance restrictions found elsewhere in the subpart.
Practical Implications
This section is a roadmap, not the full rule set: it tells you the subpart is about section 889 compliance, but the detailed obligations appear in the later sections.
Contractors should treat any procurement touching telecommunications, networking, or connected devices as a potential section 889 issue and review the full subpart carefully.
Contracting officers should not rely on this section alone when drafting or administering contracts; they must apply the implementing clauses, representations, and procedures elsewhere in the FAR.
A common pitfall is assuming the scope provision is optional or merely informational; in reality, it anchors mandatory acquisition restrictions with significant compliance consequences.
Because the subpart is tied to national security and supply-chain risk, even indirect use of covered equipment or services can become a contract issue if not identified early.
Official Regulatory Text
This subpart implements paragraphs (a)(1)(A) and (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232).