As part of National Defense Authorization Act of 2019 (“2019 NDAA”) provisions that became effective in August 2020, new requirements have been put in place prohibiting procurement or use of telecommunications equipment or services:
- RIT, as a recipient of federal grants and contracts is now prohibited from procuring—without a waiver or exemption—any equipment, system or service that uses certain identified “covered telecommunications equipment or services” as a “substantial or essential component of any system, or as critical technology as part of any system” procured or obtained as part of a contract or grant.
- Federal agencies may not enter into a contract with RIT if we use any of these covered telecommunications equipment or services, even if the use is separate or not part of a federal contract.
“Covered telecommunications equipment and services” are defined to include:
- Telecommunications and computer equipment produced by (or provided using equipment or services produced by) Huawei Technologies Company and ZTE Corporation, or any subsidiary or affiliates of these entities
- Certain public safety or surveillance applications, Dahua Technology Company, Hangzhou Hikvision Digital Technology Company, Hytera Communications Corporation, or any subsidiary or affiliates of these entities
- Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense has added to its list of Section 1237 of the 2019 NDAA
Consistent with this federal statute, implementing changes were made to both the FAR (52.204-24, 25, & 26) and Uniform Guidance (Section 200.216) regulations.
What do these regulatory changes mean for RIT researchers and their staff?
- Be aware and understand how these regulations and grant terms may impact your sponsored projects.
- These procurement prohibitions apply to all grant and contract spending for equipment and services, regardless of amount.
- Work with the RIT Procurement Office on any purchase of telecommunications equipment or services, regardless of amount, to ensure compliance with these regulations.
- The prohibitions on procurement apply to all RIT subrecipients. SRS will be modifying all existing subawards and subcontracts to include these regulation changes as current grants and contracts are modified by the agencies.
- SRS will be including language regarding these regulation requirements in Terms and Conditions Summary documents for all future projects.
- Contact your Sponsored Research Services representative if there are any questions about these issues as they relate to a sponsored grant or contract.
If you become aware that your department may use or acquire equipment or services from these prohibited entities, contact the office of the Vice President for Research promptly.