Section 889(a)(1)(b) of the 2019 NDAA now prohibits contractors from using equipment from five Chinese companies including Huawei and ZTE, but there is confusion about implementing the rule. An addendum to the rule went out October 26, changing representation requirements from an offer-by-offer basis to an annual recertification process in the System for Awards Management. Part B drops language included in the NDAA that defined “use” as part of a “substantial or essential component” or as a “critical technology” in any system. Part B’s representation language doesn’t include these qualifiers.
