Almost every federal solicitation carries a Section 889 representation, and almost every supplier answers it. The question for a buyer or a prime is whether the answer rests on anything. For a reseller, the honest answer depends on what the manufacturer will put in writing.
This article covers the three FAR clauses involved, what "Part A" and "Part B" mean in plain terms, what flows down to subcontractors, the reporting deadlines, and what a reseller should ask its manufacturers. It is written for buyers, primes and manufacturers. We link the clauses so you can read the exact text.
What Section 889 is, and what it is not
Section 889 of the FY2019 National Defense Authorization Act bars the government from buying certain covered telecommunications and video surveillance equipment and services, and from contracting with entities that use them. The FAR carries it in three places. It is not a country of origin rule. A product made anywhere can be affected, and a product made abroad can be clean. For the difference between this and TAA, Buy American and Berry, see country of origin for government purchases.
The clauses use the term "covered telecommunications equipment or services." Its definition lives in FAR 52.204-25, paragraph (a). It names specific manufacturers and their subsidiaries and affiliates, it covers services as well as equipment, and it adds entities the Secretary of Defense reasonably believes are owned or controlled by, or connected to, the government of the People's Republic of China. One detail trips people up: for the video surveillance and telecom equipment in item (2), the clause applies the definition "for the purpose of public safety, security of Government facilities" and similar national security purposes. Read the whole definition on acquisition.gov rather than relying on a summary, ours included.
The three clauses
| Clause | Type | Date on acquisition.gov | What it does |
|---|---|---|---|
| FAR 52.204-24 | Provision | Nov 2021 | Offer-by-offer representation (Part A and Part B) |
| FAR 52.204-26 | Provision | Oct 2020 | The same two representations, made once and kept in SAM |
| FAR 52.204-25 | Contract clause | Nov 2021 | The prohibition itself, reporting duties and flow-down |
The first two are representations made in the offer. The third becomes part of the contract. FAR 4.2105 prescribes all three, and acquisition.gov currently shows FAC 2026-01 (effective March 13, 2026). Clause dates change when the FAR changes, so check the date in your own solicitation.
52.204-24: the offer-by-offer representation
This provision asks the offeror to state two things for the specific offer. It also tells the offeror to check the SAM exclusions list for entities excluded for covered telecommunications equipment or services. The provision says an offeror should not complete its representation paragraphs if it already made the matching representation under 52.204-26 or 52.212-3.
52.204-26: the annual version
Offerors that complete their annual representations and certifications in SAM make the same two representations there, once, and the offer incorporates them. In commercial product buys, the same representation appears at paragraph (v) of FAR 52.212-3 (Oct 2025 on acquisition.gov). By submitting an offer, the offeror confirms that its SAM representations were entered or updated in the last 12 months and are current, accurate, complete and applicable to the solicitation. If your situation changed since the last SAM update, the representation in SAM is not enough on its own, and you need to address it in the offer.
Part A and Part B in plain terms
Suppliers talk about "Part A" and "Part B." The shorthand maps onto two numbered paragraphs: (d)(1) and (d)(2) in 52.204-24, and (c)(1) and (c)(2) in 52.204-26.
- Part A, "provide." Will the offeror provide covered telecommunications equipment or services to the government under the resulting contract, or in a subcontract? This is about the items on the quote. For a reseller, it is a product question: does anything we are selling contain or depend on covered equipment? The prohibition behind it is in 52.204-25(b)(1): no equipment, system or service that uses covered equipment or services as a substantial or essential component, or as critical technology.
- Part B, "use." After a reasonable inquiry, does the offeror use covered telecommunications equipment or services, or any equipment, system or service that uses them, in its own operations? This is about the supplier's own office network, phones, cameras and cloud services, whether or not the use has anything to do with the government contract. The related prohibition is 52.204-25(b)(2), which stops agencies from contracting with an entity that uses them.
A "will provide" or "does use" answer triggers additional disclosures. It does not automatically mean a lost award, because the clause allows exceptions and waivers (see FAR 4.2104 on acquisition.gov), but a buyer needs a plain explanation.
The exceptions are narrow and specific
Under paragraph (c) of 52.204-25, the prohibition does not cover a service that connects to the facilities of a third party, such as backhaul, roaming or interconnection arrangements. It also does not cover telecommunications equipment that cannot route or redirect user data traffic or permit visibility into user data or packets. Do not stretch these to cover a camera or a router because it "probably" fits. Get the manufacturer's statement.
What "reasonable inquiry" means
The definition in 52.204-25(a) describes it as an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity. It states that the inquiry does not require an internal or third-party audit. That is the standard for Part B, and it is a good standard for a reseller's product side as well: look at what you already hold, ask the people who can answer, and write down the answer.
What a reseller should ask manufacturers
A reseller does not make the products and cannot see inside them. Its representation is only as good as the information it collects. For electronics, cameras, networking gear and anything with a radio, modem, or other telecom component, we ask the manufacturer for:
- A written statement that the product, including its components, does not include covered telecommunications equipment or services as defined in 52.204-25.
- The specific models or part numbers the statement covers.
- A named contact, a date, and the signer's title.
- The manufacturer's own representation status, if it sells to the government directly.
- Notice to us if that status changes after the quote.
Components matter because the clause reaches "substantial or essential component." A finished product from a clean brand can still carry a covered module. A manufacturer that will not answer in writing has told you something. For lower-risk items such as hand tools or paper, a catalog review is enough. For anything that connects to a network, keep the written answer on file. Our related article on what a complete supply quote includes shows where the representation sits in the quote.
Flow-down and reporting
Under paragraph (e) of 52.204-25, the contractor inserts the substance of the clause, including paragraph (e) but excluding (b)(2), in all subcontracts and other contractual instruments, including those for commercial products and commercial services. That is why a small supplier under a prime will see it in nearly every subcontract. See flow-down clauses for suppliers for the wider picture.
Reporting is in paragraph (d). If the contractor identifies covered equipment or services during performance, or a subcontractor or other source tells it so, the contractor reports to the contracting officer (DoD contracts use a DIBNet portal named in the clause). The timing has two steps:
- Within one business day: contract number, order number or numbers, supplier name, UEI and CAGE code if known, brand, model number, item description, and any readily available mitigation information.
- Within 10 business days: further mitigation information and the efforts taken to prevent use or submission of covered items, including planned future efforts.
A supplier that finds a problem after delivery should treat this as a clock, not a courtesy. Primes should require subcontractors to notify them quickly enough to make the one-business-day deadline.
For buyers and primes: what to ask
- Does the representation match the items quoted, not just the company?
- Is the SAM representation current, and does the offer rely on it?
- Can the supplier produce a manufacturer statement for networked electronics on request?
- Does the subcontract carry the clause and a notice duty fast enough for the one-business-day report?
How Lunula Supply handles it
We make the representation for each offer based on what we are quoting, and we do not copy an old answer forward. Before we quote electronics, cameras, networking or anything with a telecom component, we ask the manufacturer for written support and keep it with the quote file. If the manufacturer will not provide it, we say so and do not quote the item. We send our representations with the quote. See what we supply or contact us with a requirement.
Frequently asked questions
Is Section 889 a country of origin rule?
No. It is a prohibition on covered telecommunications and video surveillance equipment and services from specific named sources. A product made in any country can be affected, so origin data does not answer it.
What is the difference between 52.204-24 and 52.204-26?
Both ask the same two representations. 52.204-24 is made for a specific offer. 52.204-26 is made once and kept in SAM with the annual representations, then incorporated into each offer.
How fast must a contractor report covered equipment found during performance?
Paragraph (d) of 52.204-25 sets two steps: the first report within one business day of identifying the equipment or being notified, and further mitigation information within 10 business days.
Does the clause flow down to commercial item subcontracts?
Yes. Paragraph (e) requires the substance of the clause, excluding (b)(2), in all subcontracts and other contractual instruments, including those for commercial products and commercial services.
General information, not legal advice. References were checked against acquisition.gov (FAC 2026-01) on the publish date. Your solicitation's terms control.