The Alston & Bird Government Contracts team has been closely following developments in the implementation of Section 889 of the Fiscal Year 2019 National Defense Authorization Act (“NDAA”), and particularly Section 889 Part B, which broadly prohibits the government from “entering into a contract with” an entity that “uses” “covered telecommunications equipment or services.” Our prior blog posts on this topic can be found here and here.
On August 6, 2020, the General Services Administration (“GSA”) gave notice that the previously scheduled August 12, 2020 GSA webinar – featuring a panel of leaders from GSA’s business lines who were to explain how they are implementing NDAA Section 889 Part B – has been continued to September 10, 2020 at 1:00 p.m. Eastern Time. The webinar was eagerly anticipated as a valuable source of contractor information, as the effective date of NDAA Section 889 Part B is August 13, 2020. Interested parties were surprised that the GSA did not explain the postponement—particularly to a date that is three weeks after the August 13, 2020 effective date of NDAA Section 889 Part B.
While contractors are left without the benefit of this additional guidance for now, the GSA has made available its July 30, 2020 presentation from a prior GSA webinar. Parties interested in attending the now-September 10, 2020 webinar can register for the event here. Additionally, follow our Government Contracts blog for periodic updates on this evolving topic.