4.2102 Prohibition.

(a) Prohibited equipment, systems, or services. 

(1) On or after August 13, 2019, agencies are prohibited 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, unless an exception at paragraph (b) of this section

applies or the covered telecommunications equipment or services are covered by a waiver described

in 4.2104.

(2) On or after August 13, 2020, agencies are prohibited 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, unless an exception at paragraph (b) of this section

applies or the covered telecommunications equipment or services are covered by a waiver described

in 4.2104. 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.

(b) Exceptions. This subpart does not prohibit agencies from procuring or contractors from

providing-

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or

interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility

into any user data or packets that such equipment transmits or otherwise handles.

(c) Contracting Officers. Unless an exception at paragraph (b) of this section applies or the covered

telecommunications equipment or service is covered by a waiver described in 4.2104, Contracting

Officers shall not—

(1) Procure or obtain, or extend or renew a contract (e.g., exercise an option) 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; or

(2) Enter into a contract, or extend or renew 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.

(d) Recording prohibitions in the System for Award Management (SAM).

(1) Prohibitions on purchases of products or services produced or provided by entities identified in

paragraphs (1) and (2) of the definition of "covered telecommunications equipment or services"

(including known subsidiaries or affiliates) at 4.2101 will be recorded in SAM (see 9.404).

(2) Prohibitions on purchases of products or services produced or provided by entities identified

pursuant to paragraph (4) of the definition of "covered telecommunications equipment or services"

(including known subsidiaries or affiliates) at 4.2101 are recorded by the Department of Defense in

SAM (see 9.404).
Parent topic: Subpart 4.21 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment