Covered Telecommunications Equipment & Services
Overview
Federal laws and regulations restrict certain telecommunications equipment, video surveillance equipment, and related services determined to present national security risks.
These restrictions may apply to federal procurement contracts and subcontracts as well as federal grants, cooperative agreements, and other financial assistance awards. The specific requirements differ depending on the funding mechanism, applicable federal regulations, and award terms and conditions.
Researchers may be prohibited from purchasing, obtaining, using, or contracting for certain covered telecommunications equipment or services in connection with federally funded activities.
The Office of Research Security (ORS) assists faculty, staff, and students in identifying applicable federal, sponsor, and contractual requirements and coordinates with the appropriate University offices to support compliance.
This guidance addresses federal restrictions involving covered telecommunications and video surveillance equipment and services. Separate guidance is available for Covered Applications and Kaspersky Lab Covered Entities.
What Is Covered Telecommunications Equipment & Services?
Federal law identifies certain telecommunications equipment, video surveillance equipment, and related services as covered telecommunications equipment or services.
Covered equipment or services include certain products or services produced or provided by:
- Huawei Technologies Company
- ZTE Corporation
- Hytera Communications Corporation
- Hangzhou Hikvision Digital Technology Company
- Dahua Technology Company
Applicable restrictions may also extend to certain subsidiaries, affiliates, telecommunications or video surveillance services using covered equipment, and other entities identified pursuant to applicable federal requirements.
Whether particular equipment or services are covered depends on the applicable federal requirements and the circumstances of the proposed activity.
When Might These Requirements Apply?
Covered telecommunications restrictions may be relevant when:
- Performing research under a federal procurement contract or subcontract.
- Receiving a federal grant, cooperative agreement, or other financial assistance award.
- Purchasing telecommunications or video surveillance equipment using federal funds.
- Procuring information technology or communications equipment for federally funded research.
- Using telecommunications equipment or services in connection with activities subject to federal contract requirements.
- Receiving sponsor or award terms addressing covered telecommunications equipment or services.
Applicable requirements depend on the funding mechanism, sponsor, award terms and conditions, equipment or services involved, and applicable federal regulations.
Federal Contracts & Subcontracts
Federal procurement contracts are subject to restrictions established under Section 889 of the National Defense Authorization Act for Fiscal Year 2019 and implemented through the Federal Acquisition Regulation (FAR).
Depending on the applicable contract requirements, these restrictions may prohibit:
- Providing the Federal Government with equipment, systems, or services that use covered telecommunications equipment or services as a substantial or essential component or as critical technology.
- Entering into certain federal contracts with an entity that uses covered telecommunications equipment or services as a substantial or essential component of a system or as critical technology.
- Certain uses of covered telecommunications equipment or services even when the equipment or services are not being used directly to perform the federal contract.
Federal solicitations and contracts may also require representations regarding the use or provision of covered telecommunications equipment or services.
Researchers participating in federal contracts or subcontracts should contact ORS if covered telecommunications equipment or services may be involved.
Federal Grants & Cooperative Agreements
Federal financial assistance requirements also restrict the use of federal funds for certain covered telecommunications equipment or services.
These requirements may apply to federal grants, cooperative agreements, subawards, and other financial assistance subject to the Uniform Guidance.
Depending on the award, federal funds may not be used to procure, obtain, extend, renew, or enter into contracts to procure or obtain covered telecommunications equipment or services when prohibited by applicable federal requirements.
Costs associated with covered telecommunications equipment or services may also be unallowable under federal financial assistance requirements.
Researchers should review applicable award requirements before purchasing telecommunications or video surveillance equipment or services with federal funds.
Typical Considerations
Projects subject to these requirements may require:
- Review of telecommunications, video surveillance, and information technology purchases.
- Confirmation that covered equipment or services are not acquired or used where prohibited.
- Review of federal contract, grant, cooperative agreement, or subaward requirements.
- Coordination with Procurement before acquiring potentially covered equipment or services.
- Review of existing equipment or services when required by applicable federal contract provisions.
- Coordination with the Information Security Office, Research Computing & Informatics (RCI), the Office of Sponsored Programs, or other University offices, as appropriate.
The specific requirements depend on the funding mechanism, sponsoring agency, award terms and conditions, and proposed activity.
Relationship to Other Federal Technology Restrictions
Covered telecommunications requirements are one of several federal restrictions that may affect the acquisition or use of technology in University research.
Other federal requirements may separately restrict:
- Covered applications.
- Kaspersky Lab hardware, software, and services.
- Other information and communications technology or services.
- Products or services associated with entities identified by the Federal Government.
- Technology restricted through sponsor or contractual requirements.
The scope and applicability of these restrictions vary. Researchers should not assume that requirements applicable to one federal award or technology restriction apply to another.
How ORS Can Help
ORS assists researchers by:
- Reviewing sponsor, award, and contractual requirements.
- Identifying whether covered telecommunications restrictions apply.
- Assisting with research-related questions involving potentially covered equipment or services.
- Coordinating with Procurement, the Information Security Office, Research Computing & Informatics (RCI), the Office of Sponsored Programs, and other University offices, as appropriate.
- Providing guidance regarding federal research security, cybersecurity, and technology restrictions.
- Supporting researchers throughout the proposal, award, and research lifecycle.
Federal Regulatory References
| Reference | Description |
|---|---|
| National Defense Authorization Act (NDAA), Section 889 | Prohibits or restricts certain telecommunications and video surveillance equipment and services in federal procurement activities. |
| Federal Acquisition Regulation (FAR) | Implements Section 889 requirements for federal procurement contracts, including contractor representations and prohibitions related to covered telecommunications equipment and services. |
| 2 CFR § 200.216 | Prohibits recipients of federal financial assistance from using federal funds to procure or obtain covered telecommunications equipment or services, or to enter into contracts with entities using such equipment or services as prohibited by regulation. |
| 2 CFR § 200.471 | Identifies costs associated with covered telecommunications equipment or services that are unallowable under Uniform Guidance. |
Related Guidance
| Reference Guide | Description |
|---|---|
| Covered Applications | Learn about federal restrictions on certain software applications that may apply to federally funded research and University devices. |
| Kaspersky Lab Covered Entities | Learn about federal restrictions on certain hardware, software, and services, including products and services provided by the Kaspersky Lab Covered Entities, that may apply to federally funded research and University activities. |
| Government Information | Learn about government information that may be encountered in research and the safeguarding, cybersecurity, and contractual requirements that may apply. |
| Research Cybersecurity Baseline | Review baseline cybersecurity practices that support University research activities. |
Need Assistance?
If your research involves a federal contract, subcontract, grant, cooperative agreement, or other federal award and you are considering acquiring or using telecommunications equipment, video surveillance equipment, or related services, contact the Office of Research Security if you are uncertain whether federal restrictions apply.
ORS will assist in identifying applicable federal, sponsor, and contractual requirements and coordinate with the appropriate University offices, as needed.