Covered Technologies

Background

The federal government established compliance requirements implementing Section 889 of the John S. McCain National Defense Authorization Act of Fiscal Year 2019 (“Section 889”), with the most recent (and problematic) requirement issued as an Interim Rule, effective August 13, 2020. These new requirements prohibit the use of “covered technologies”, as described below and in 2 CFR 200.216 and FAR 52.204-25. To certify compliance, K-State must provide certain representations regarding your project, as well as the overall use of “covered technologies by the University, as a whole. You are being requested to execute this Acknowledgement due to the inclusion of these contract requirements in the Sponsor Agreement mentioned above.

Definition

“Covered telecommunications equipment or services” means —

  1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
  2. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
  3. Telecommunications or video surveillance services provided by such entities or using such equipment; or
  4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.