FAR 52.204-25

FAR 52.204-25 — Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment — US Federal Acquisition Regulatory Council

Also known as: FAR 52.204-25, 52.204-25, Section 889, NDAA Section 889, covered telecommunications equipment

At a glance

Current version
FAR 52.204-25 (NOV 2021)
Published 4 November 2021. source
Status
In force
Next deadline
None announced
Who must comply
Federal contractors: they may not provide, and since August 2020 the Government may not contract with entities that use, covered telecommunications or video surveillance equipment or services (Section 889 of the FY2019 NDAA). source
Written by
The FAR Council (DoD, GSA and NASA) implemented Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 through interim FAR rules. source source
Last change
None recorded yet

The clause implementing Section 889 of the 2019 NDAA: a federal contractor may neither supply nor itself use covered telecommunications or video surveillance equipment from named vendors, and must represent annually that it does not. The prohibition reaches a supplier's own internal systems, which is what makes it a security obligation rather than a procurement one.

Recent changes

No changes recorded yet — we are watching, and nothing has been published.

Key dates

No upcoming dates
  1. Comment period closed on the FAR Overhaul proposed rule that would fold the clause into 52.240-3
  2. Comment period closed on the proposed FAR rule on covered semiconductor products and services (prohibition effective 23 December 2027 under the FY2023 NDAA)
  3. FAR Overhaul model deviation text for Part 40 issued; agencies adopting it apply the Section 889 prohibitions through clause 52.240-91
  4. Second interim rule adds an annual representation on use of covered telecommunications equipment
Show 2 earlier dates
  1. Prohibition on contracting with entities that use covered telecommunications equipment applies
  2. Prohibition on providing covered telecommunications equipment or services to the Government applies

Version history

  1. FAR Overhaul proposed rule (Parts 1, 2, 4, 33, 39, 40, 53) Draft

    Proposes transferring the clause into 52.240-3, Security Prohibitions and Exclusions, together with the Kaspersky, ByteDance and FASCSA clauses; comments closed on 23 July 2026. source

  2. FAR 52.204-25 (NOV 2021) RevisionCurrent

    Replaced "commercial items" with "commercial products or commercial services"; effective 6 December 2021. source

  3. Section 889(a)(1)(B) interim rule Amendment

    Implemented the prohibition on contracting with entities that use covered telecommunications equipment or services; effective 13 August 2020. source

  4. Section 889(a)(1)(A) interim rule Major version

    Created the clause, prohibiting the Government from obtaining equipment, systems or services that use covered telecommunications equipment or services; effective 13 August 2019. source

Who it applies to

The clause bars covered Chinese telecommunications and video surveillance equipment both from what contractors deliver and from what they use themselves.

Covered vendors
Telecommunications equipment from Huawei or ZTE; video surveillance and telecommunications equipment from Hytera, Hikvision or Dahua for national security purposes; their services; and entities DoD links to the government of China. source
Providing
The contractor may not provide equipment, systems or services that use covered equipment as a substantial or essential component or as critical technology. source
Using
Since 13 August 2020 agencies may not contract with an entity that uses such equipment, regardless of whether the use is in performance of a Federal contract. source
Exceptions
Services connecting to third-party facilities (backhaul, roaming, interconnection) and equipment that cannot route or redirect user data or see user data are excepted. source
FAR Overhaul
Under the FAR Overhaul Part 40 deviation text, the prohibitions sit in 52.240-91, Security Prohibitions and Exclusions. source

How compliance is assessed

Offerors represent whether they provide or use covered equipment, and contractors must report any covered equipment found during performance.

Annual representation
Offerors must represent annually, after a reasonable inquiry, whether they use covered telecommunications equipment or services. source
Reporting
A contractor that identifies covered equipment during performance must report it to the contracting officer, or for DoD to https://dibnet.dod.mil, within one business day. source source

Enforcement and penalties

Agencies may not obtain covered equipment from, or award or extend contracts with entities using it, unless an exception or waiver applies.

Agency prohibition
Section 889 bars the head of an executive agency from procuring covered equipment and from entering into, extending or renewing a contract with an entity that uses it. source
Waivers
The prohibitions apply unless an exception or a waiver described in FAR 4.2104 applies. source

Documents

  1. Law text FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
  2. Guidance FAR Overhaul – Part 40, Information Security and Supply Chain Security (model deviation text)
  3. Law text Interim rule implementing Section 889(a)(1)(B) (14 July 2020)
  4. Law text Proposed rule on covered semiconductor products and services (17 February 2026)

Verified against official sources on 18 October 2026. We monitor the official sources for this framework. Watching since 20 September 2026. Subscribe to FAR 52.204-25 (RSS)