FAR Council Pre-Publishes 2019 NDAA Section 889(a)(1)(B) Interim Rule Further Prohibiting Use of Huawei, ZTE, and Others’ Telecommunications Technology by Contractors
Client Alert | 1 min read | 07.14.20
On July 14, the FAR Council published an interim rule revising FAR 52.204-24 and FAR 52.204-25 to implement Section 889(a)(1)(B) of the 2019 National Defense Authorization Act (NDAA) prohibiting executive agencies from entering into, renewing, or extending contracts with contractors that use Huawei, ZTE, or other identified telecommunications equipment and services (“covered telecommunications equipment and services”) anywhere within the contracting entity as a substantial or essential component of any system or critical technology of any part of a system, regardless of whether there is a nexus with the contractor’s performance of government contracts. Among other significant differences from 889(a)(1)(A),which went into effect on August 13, 2019, the Section 889(a)(1)(B) prohibition is not a mandatory flowdown; does not include an exception for contractors’ use of backhaul and roaming features that include covered telecommunications equipment; and has more extensive waiver request requirements. Moreover, while the rule currently only applies to the offeror entity, the final rule may apply to all offeror domestic affiliates and subsidiaries. The new interim rule is effective August 13, 2020 unless a waiver is granted; however, contracting officers are expected to immediately begin including the new representation requirement (a revised version of FAR 52.204-24) in solicitations. Comments on the rule are due by September 14, 2020. Click here to read the full analysis.
Contacts
Insights
Client Alert | 3 min read | 06.12.26
DOJ Guidance Backs Away From Disparate Impact Liability
On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”
Client Alert | 4 min read | 06.12.26
Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
Client Alert | 13 min read | 06.12.26
Client Alert | 4 min read | 06.12.26
