FAR 52.204-26—Covered Telecommunications Equipment or Services-Representation.
Plain-English Summary
FAR 52.204-26 is the solicitation provision that requires an offeror to make two separate representations about covered telecommunications equipment or services before award. It ties directly to the statutory and regulatory prohibition in FAR 52.204-25 and uses the same core definitions, including “covered telecommunications equipment or services” and “reasonable inquiry.” The provision also requires the offeror to review the System for Award Management (SAM) exclusion list for entities excluded from receiving federal awards for covered telecommunications equipment or services. In practice, this provision is a front-end compliance check: it helps the Government identify offerors that provide prohibited telecom/video surveillance items or that use such items in their own operations or supply chain. The representation is important because it can affect eligibility for award, trigger follow-up questions, and create contractual and compliance risk if the answer is inaccurate. Contractors should treat it as both a disclosure and a diligence requirement, not just a box-checking exercise.
Key Rules
Use FAR 52.204-25 definitions
The terms “covered telecommunications equipment or services” and “reasonable inquiry” mean the same thing here as they do in FAR 52.204-25. Offerors must apply those definitions consistently when deciding how to answer the representation.
Check SAM exclusions
Before making the representation, the offeror must review the SAM excluded parties list for entities excluded from receiving federal awards for covered telecommunications equipment or services. This is a required procedural step, not optional background research.
Separate product/service representation
The offeror must state whether it does or does not provide covered telecommunications equipment or services as part of the products or services it offers to the Government. This focuses on what the offeror is offering in the procurement itself.
Separate use representation after inquiry
After conducting a reasonable inquiry, the offeror must also state whether it does or does not use covered telecommunications equipment or services, or any equipment, system, or service that uses such equipment or services. This reaches the offeror’s own operations and supply chain use, not just the offered item.
Representation must be affirmative and accurate
The provision requires the offeror to choose one of the two options for each representation. Because the answers are representations to the Government, they must be made carefully and truthfully based on the required review and inquiry.
Responsibilities
Offeror
Review the SAM excluded parties list for entities excluded from receiving federal awards for covered telecommunications equipment or services. Make both required representations accurately: whether it provides covered telecommunications equipment or services as part of its offered products or services, and whether, after reasonable inquiry, it uses covered telecommunications equipment or services or related equipment, systems, or services.
Contracting Officer
Include the provision when prescribed by FAR 4.2105(c), evaluate the offeror’s representation as part of the solicitation process, and follow up as needed if the representation raises compliance concerns or indicates potential use or provision of prohibited items.
Agency
Use the provision to support implementation of the Government-wide prohibition on covered telecommunications equipment or services, maintain procurement integrity and compliance oversight, and ensure solicitations include the provision when required.
Subcontractors and suppliers
Provide accurate information to the offeror so the offeror can make a reasonable inquiry and complete the representation. Their products, services, and equipment may affect the offeror’s answer even if they are not the direct respondent to the solicitation.
Practical Implications
This provision is often a gatekeeping item in solicitations, so an inaccurate or incomplete response can delay award or create eligibility problems.
The biggest pitfall is treating the question as only about the end product being sold to the Government; the second representation also covers the offeror’s own use of covered telecom equipment or services.
Offerors should document their reasonable inquiry and SAM review so they can support the representation if questioned later.
Because the provision uses the same definitions as FAR 52.204-25, contractors should align their internal compliance review with the clause’s broader prohibition and not rely on a narrow reading.
If the offeror’s supply chain is complex, it should gather information from affiliates, subcontractors, and key suppliers early, since last-minute certification can miss hidden telecom or video surveillance components.
Official Regulatory Text
As prescribed in 4.2105 (c) , insert the following provision: Covered Telecommunications Equipment or Services-Representation (Oct 2020) (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25 , Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) 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". (c) (1) Representation. The Offeror represents that it □ does, □ 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. (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 any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision)