NDAA Section 889 Compliance

Section 889(a)(1)(B) of the 2019 National Defense Authorization Act (NDAA) prohibits recipients of federal funding awards from using or procuring certain covered telecommunications equipment or services. Section 889 regulations apply to grants, contracts and cooperative agreements, including outgoing subcontracts and subawards.

Covered Technologies

Covered telecommunications and/or video surveillance equipment and service providers include:

  • Huawei Technologies Company
  • ZTE Corporation
  • Hytera Communications Corporation
  • Hangzhou Hikvision Digital Technology Company
  • Dahua Technology Company
  • Any subsidiary or affiliate of the entities listed above

View the full list of prohibited suppliers and technologies.

All Purchases and Use

As part of the university’s compliance with Section 889, GW has ceased the use and procurement of covered telecommunications equipment and services. GW principal investigators on sponsored projects and individuals making purchases on GW’s behalf with P-Cards should be aware of Section 889’s prohibitions and comply with them.

Section 889’s restrictions apply across the board to all GW purchases of any dollar amount and any proposed use, including small P-Card purchases and other purchases, and regardless of whether or not the use relates to a federal grant, contract, or other agreement. Do not procure or use covered telecommunications equipment or services for any GW purpose.

Reporting Requirement

Additionally, GW must report to the federal agency when it discovers that the university or any of its subcontractors utilize such covered telecommunications equipment or services. These reports must be made to the federal agency within one business day.

  • If you identify covered telecommunications equipment or services purchased or currently being used by GW, or if you have additional questions as to what qualifies as “covered telecommunications equipment or services” under Section 889, please contact GW’s Finance Division by emailing [email protected].

NDAA Section 889 Compliance Questionnaire

An online tool has been created to help principal investigators and administrators determine the various ways Section 889 applies and to streamline reporting.

Complete the Section 889 Compliance Questionnaire 

Annual Compliance Certification

GW will be required to certify annually to the federal government whether or not GW is utilizing covered telecommunications equipment or services. The annual certification allows GW to avoid making representations on an offer-by-offer basis as would be otherwise be required by federal regulation.

Further Reading and Resources