Prove FAR 52.204-25 Section 889 compliance across your estate

FAR 52.204-25 is the US federal contract clause titled Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. It implements Section 889 of the FY2019 National Defense Authorization Act, banning contractors from providing covered equipment to the government and from using it in their own operations. It also sets reporting duties and requires flowdown to subcontracts.

The clause covers telecommunications equipment from Huawei and ZTE, and, for public safety, government facility security, critical infrastructure surveillance and other national security purposes, video surveillance and telecoms equipment from Hytera, Hikvision and Dahua. Subsidiaries and affiliates are included, as are services using such equipment and any entity the Secretary of Defense reasonably believes is owned or controlled by, or connected to, the government of China.

Part A, in paragraph (b)(1), stops contractors from providing the government with any equipment, system or service that uses covered telecommunications as a substantial or essential component, from 13 August 2019. Part B, in paragraph (b)(2), stops agencies contracting with any entity that uses such equipment, from 13 August 2020, regardless of whether the use relates to federal work. Part B is not flowed down to subcontracts.

If a contractor identifies covered equipment or services during contract performance, or is told of it by a subcontractor or other source, it must report to the Contracting Officer, or to dibnet.dod.mil for Defense contracts. Within one business day it reports contract details, supplier, brand, model and description. Within 10 further business days it reports mitigation actions and prevention efforts.

Yes. Paragraph (c) allows contractors to provide a service that connects to third-party facilities, such as backhaul, roaming or interconnection arrangements. It also allows telecommunications equipment that cannot route or redirect user data traffic or give visibility into user data or packets. Separately, agencies may grant waivers under FAR 4.2104, but contractors cannot rely on one unless it has been granted.

Non-compliance can make a company ineligible for federal contract awards, extensions or renewals, because agencies are prohibited from contracting with entities that use covered equipment. Inaccurate representations made under the related provisions FAR 52.204-24 and 52.204-26 can also expose a contractor to contract remedies and wider legal liability, so a documented, reasonable inquiry is important.

They address different risks. FAR 52.204-25 is a supply chain prohibition on specific Chinese telecoms and video surveillance vendors, while FAR 52.204-21 sets basic safeguarding controls for federal contract information, and CMMC assesses cyber security practices for Defense contractors. Many contractors face all three, so an asset and supplier inventory built for one usefully supports the others.

FAR 52.204-25 is mapped in OneClickComply's control library and is available on request. OneClickComply helps you maintain asset and supplier inventories, record your reasonable inquiry, monitor for new devices and manage supplier assessments. It does not certify compliance or make representations on your behalf, but it gives you organised evidence to support them.