FAR 52.204-24—Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
Plain-English Summary
FAR 52.204-24 is the solicitation provision that requires an offeror to make a representation about certain telecommunications and video surveillance services or equipment tied to Section 889 of the FY 2019 NDAA. It covers two separate questions: whether the offeror will provide covered telecommunications equipment or services to the Government in performance of the resulting contract, subcontract, or other contractual instrument, and whether the offeror, after a reasonable inquiry, uses covered telecommunications equipment or services itself. The provision also incorporates the statutory prohibitions, explains key definitions by cross-reference to FAR 52.204-25, and requires the offeror to review SAM exclusions related to covered telecommunications equipment or services. If the offeror answers “will” or “does,” it must provide detailed disclosure information identifying the entity, equipment or services, and the circumstances of use. In practice, this provision is a front-end compliance gate: it forces contractors to screen their supply chain and internal operations before award, and it gives contracting officers the information needed to determine whether the offer is acceptable under the Section 889 restrictions. It is especially important because the prohibition reaches not only products or services furnished to the Government, but also the contractor’s own use of covered equipment or services anywhere in its business if that use involves a substantial or essential component or critical technology.
Key Rules
Two separate representations
The offeror must address both prongs: whether it will provide covered telecommunications equipment or services to the Government, and whether it uses covered telecommunications equipment or services itself. These are distinct certifications, and a “no” answer to one does not satisfy the other.
Reasonable inquiry required
For the internal-use representation, the offeror must answer based on a reasonable inquiry. This means the offeror must make a good-faith, fact-based effort to identify covered equipment or services in its operations, not simply rely on assumptions or incomplete knowledge.
Section 889 prohibitions apply
The provision implements Section 889(a)(1)(A) and 889(a)(1)(B), which bar agencies from procuring covered equipment or services and from contracting with entities that use such equipment or services as a substantial or essential component or as critical technology. The prohibition applies even if the contractor’s use is unrelated to contract performance.
Limited statutory exceptions
The rule does not treat certain third-party connectivity arrangements, such as backhaul, roaming, or interconnection arrangements, as prohibited by themselves. It also excludes telecommunications equipment that cannot route or redirect user data traffic and cannot permit visibility into user data or packets.
SAM exclusion review required
The offeror must review SAM for entities excluded from receiving federal awards for covered telecommunications equipment or services. This is part of the required diligence before making the representation.
Disclosure if answer is affirmative
If the offeror answers “will” for providing covered equipment or services, or “does” for using covered equipment or services, it must submit detailed disclosure information with the offer. The disclosure must identify the entity, the equipment or services, and the facts relevant to whether the use is permissible.
Cross-reference to definitions
Key terms such as covered telecommunications equipment or services, backhaul, roaming, interconnection arrangements, reasonable inquiry, critical technology, and substantial or essential component are defined in FAR 52.204-25. The meaning of the representation depends on those incorporated definitions.
Responsibilities
Offeror
Make both representations accurately in the solicitation response; conduct a reasonable inquiry before answering the internal-use question; review SAM exclusions; and provide required disclosure details if the answer to either prong is affirmative.
Contracting Officer
Include the provision when prescribed, evaluate the offeror’s representation and any disclosures, and use the information to determine whether the offer is eligible for award under Section 889 restrictions.
Agency
Apply the statutory procurement prohibitions, ensure solicitations and awards comply with Section 889, and avoid procuring or contracting with entities or items barred by the law.
Subcontractors and suppliers
Provide accurate information to prime contractors about whether they furnish or use covered telecommunications equipment or services so the prime can complete its inquiry and representation.
Practical Implications
Contractors need a real compliance process, not a checkbox review. Because the representation covers both what is offered and what the company uses internally, firms should inventory telecom and video surveillance equipment, review affiliates and key suppliers, and document the inquiry.
A common pitfall is confusing the two prongs. A contractor may not plan to furnish covered equipment to the Government but still be ineligible if it uses covered equipment or services anywhere in its business under the Section 889 standard.
Another frequent issue is incomplete disclosure. If the answer is “will” or “does,” the offeror must provide specific identifying information; vague statements or generic assurances are not enough.
The SAM review matters because excluded entities may signal heightened risk or ineligibility. Offerors should treat this as part of a broader supply-chain screening process, not a one-time administrative step.
Contracting officers should watch for inconsistencies between this provision and other representations or past disclosures, especially in commercial-item procurements where the same Section 889 concepts appear in FAR 52.212-3 and FAR 52.204-26.
Official Regulatory Text
As prescribed in 4.2105 (a) , insert the following provision: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26 , Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3 , Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26 , or in paragraph (v)(2)(ii) of the provision at 52.212-3 . (a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, 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. (b) Prohibition . (1) 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 equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) 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, 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 telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov ) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (d) Representation. The Offeror represents that— (1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in 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 service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision)