NDAA Section 889 Compliance Questionnaire

Section 889 of the 2019 National Defense Authorization Act (Pub. L. 115-232) (Section 889) imposes on the federal government and its contractors and awardees prohibitions related to the procurement and use of certain “covered” telecommunications equipment and services. Section 889 subjects GW to new compliance obligations, which directly affect what GW is allowed to charge to federal contracts and assistance awards (grants and cooperative agreements). A separate communication addressing Section 889 in more detail was issued to the GW research community.

Section 889 requires GW to conduct a “reasonable inquiry” to determine whether it complies. The following questionnaire can be used to help you assess:

  1. Whether GW has procured or obtained“covered telecommunications equipment or services” as a substantial or essential component of any system, or as critical technology as part of any system under any GW federal contracts, grants, or cooperative agreements (including subawards or through a subcontractor that may use the covered equipment or services);


  1. Whether GW uses “covered telecommunications equipment or services” as a substantial or essential component of any system, or as critical technology as part of any system in its day-to-day operations, whether or not related to a specific federal award.

Responses to this questionnaire are solely for GW’s use and will not be shared except for the purpose of complying with federal regulation. Your response should be accurate as of the date the form is completed, and should take into account any existing and/or new, proposed, or planned use or agreement, contract, or purchase order for the procurement or use of covered equipment or services whether or not the procurement or use relates to a federally funded grant, contract, or cooperative agreement. If you are not sure whether a relationship, grant or contract, or piece of equipment qualifies under the definitions below, please contact [email protected].

In answering this survey, please refer to the following definitions:

“Covered telecommunications equipment or services” are telecommunications and/or video surveillance equipment or services produced by:

“Critical Technology” is:

  • Huawei Technologies Company,

  • ZTE Corporation,

  • Hytera Communications Corporation,

  • Hangzhou Hikvision Digital Technology Company,

  • Dahua Technology Company, or

  • Any subsidiary or affiliate of the entities listed above (see Appendix A for a full listing)

  • Defense articles and services and items that are controlled under U.S. export control laws (ITAR and EAR, either as dual-use or defense goods and services, or included on the Commerce Control List);

  • Nuclear facilities, equipment, materials, software and technology (including parts and components);

  • Select agents and toxins; or

  • Any technologies classified as “emerging” or “foundational” pursuant to the Export Control Reform Act of 2018 (50 U.S.C.4817)

Based on information in your possession or your personal knowledge, please answer the following questions:

Are you aware of any instances in which GW is providing covered telecommunications equipment or services to the federal government as part of the university’s performance on a grant, contract or cooperative agreement? *
Are you aware of any use of covered telecommunications equipment or services by GW, including products with covered telecommunications equipment or services in it as a substantial or essential component of any system, or as critical technology as part of any system? *
Are you aware of any GW subrecipient, subawardee, or subcontractor that is using covered telecommunications equipment or services? *
Do you have knowledge of any U.S. government contracts under which GW provides services that include telecommunications or video surveillance work that could be regulated or controlled by U.S. export control regulations administered by the Department of Commerce (Export Administration Regulations), Department of State (International Traffic in Arms Regulations) or Department of Energy (Atomic Energy Act)? *

If you are not aware of any covered equipment and services and answered “No” to all of the questions above, it is not necessary to submit this form. Thank you for helping GW comply with its obligations under NDAA Section 889.

Details of Covered Telecommunications Equipment or Services

If you answered “Yes” to any of the above questions, for each use of covered telecommunications equipment or services that you are aware of (by GW or a subrecipient), please provide as much of the following information as possible. If you are aware of multiple instances, please submit multiple copies of this form until you have reported all instances.

Activity or agreement start date
Is U.S. federal government funding involved?