Cybersecurity & Supply Chain (Parts 4 / 39 / DFARS 204)

FAR 52.204-24

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

Offerors must represent whether they 'use' covered telecommunications equipment or services (Huawei, ZTE, Hikvision, Dahua, Hytera, and their subsidiaries/affiliates) as a substantial or essential component of any system or as critical technology in any system — even in non-Federal work. Counterpart to 52.204-25 (the contract clause). Together they implement Section 889(a)(1)(B) of the FY19 NDAA.

FAR / DFARS Part
FAR Part 4 — Administrative and Information Matters
Prescribed By
FAR 4.2105(b) — Required in solicitations issued on or after August 13, 2020.
Flow-down to Subcontracts

Not flowed down (offeror representation only).

What this clause requires

  • 1Affirmative or negative representation about whether the offeror uses covered telecom equipment or services in any of its systems.
  • 2Reasonable inquiry (not just a literal-knowledge standard) into supply-chain components.
  • 3Disclosure of the brand, model, and intended use if 'use' is represented.
  • 4Re-representation when SAM annual reps are updated.

When this clause applies

Every Federal solicitation issued on/after August 13, 2020. Applies regardless of dollar value, including commercial-item and micro-purchase acquisitions.

Common pitfalls

!Treating 'reasonable inquiry' as 'no knowledge' — the standard is active diligence on suppliers and IT inventory.
!Missing covered subsidiaries/affiliates — e.g., Hikvision IP cameras rebranded by third parties.
!Failing to track facility leases — leased buildings with covered CCTV count as 'use'.
!Misunderstanding 'substantial or essential' — DoD guidance is broad; any operational reliance can qualify.

Proposal-team checklist

  • ☐Run a documented IT supply-chain inventory at least annually; verify against the latest covered-entity list.
  • ☐Include facility-security and physical-security systems (cameras, badges, monitoring) in the inquiry scope.
  • ☐If 'use' is represented, file a waiver request with the CO — operating without a waiver risks award invalidation.
  • ☐Update the SAM 52.204-26 representation any time supply-chain or facility status changes.

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FAQ

What's the difference between 52.204-24 and 52.204-25?

52.204-24 is the offeror REPRESENTATION (pre-award). 52.204-25 is the contract CLAUSE that prohibits the awardee from using or providing covered telecom equipment/services. 52.204-26 is the SAM-level annual representation.

Does Section 889 reach commercial sales unrelated to the Federal contract?

Yes for Part B 'use' — the prohibition covers the offeror's use anywhere in its enterprise, not just on the Federal contract. This is the most aggressive aspect of Section 889.

Can I get a waiver?

Yes, executive-branch waivers are possible under 41 CFR 102-117. They are time-limited and require an executive-branch determination of necessity. Plan early — waivers take months.

Related clauses

FAR 52.204-25
Section 889 Part A & B Prohibition
FAR 52.204-26
Covered Telecom — Annual SAM Rep
FAR 52.204-27
Prohibition on ByteDance Apps (TikTok)
DFARS 252.204-7012
Cyber Incident Reporting (DoD)

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Reference content based on the Federal Acquisition Regulation and DFARS as of June 2026. Always verify the current clause text at acquisition.gov before relying on it for an actual submission. Educational reference; not legal advice.