Section 889 Compliance
Overview
Section 889 of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019 (Pub. L. 115-232) prohibits the federal government from procuring, obtaining, extending, or renewing a contract with any entity that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
The full policy is published at https://www.acquisition.gov/Section-889-Policies.
Prohibited Equipment and Services
Section 889 prohibits the use of telecommunications equipment, video surveillance equipment, and services produced or provided by the following companies (including their subsidiaries and affiliates):
| Company | Products Covered |
|---|---|
| Huawei Technologies Company | Telecommunications equipment and services |
| ZTE Corporation | Telecommunications equipment and services |
| Hytera Communications Corporation | Two-way radios, telecommunications |
| Hangzhou Hikvision Digital Technology Company (Hikvision) | Video surveillance equipment and services |
| Dahua Technology Company | Video surveillance equipment and services |
Hangzhou Hikvision Digital Technology Company and Dahua Technology Company are explicitly named in Section 889. Federal agencies, federal contractors, and any entity using federal funds must not procure, obtain, or use camera equipment or services from these manufacturers.
Applicability
Section 889 applies in two parts:
Part A — Procurement Prohibition
Federal agencies may not procure (or extend or renew a contract to procure) any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component.
Part B — Use Prohibition
Federal agencies may not enter into, extend, or renew a contract with an entity that uses any covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This applies even if the covered equipment is not procured with federal funds.
Impact on Arvist Deployments
Arvist is a flexible platform that supports a wide range of IP camera hardware. Customers who are federal agencies, federal contractors, or recipients of federal funds must ensure that no covered telecommunications equipment is used within their Arvist deployment.
Prohibited Camera Hardware
The following camera brands are covered under Section 889 and must not be used in any federal or federally funded Arvist deployment:
- Hikvision (Hangzhou Hikvision Digital Technology Company)
- Dahua (Dahua Technology Company)
This prohibition extends to OEM products manufactured by these companies and sold under other brand names.
Compliant Alternatives
The following camera brands are not covered under Section 889 and are recommended for federal and government deployments:
| Brand | Country | Notes |
|---|---|---|
| Axis Communications | Sweden | ONVIF-compliant, widely used in government |
| Hanwha Vision (Wisenet) | South Korea | ONVIF-compliant |
| Bosch Security Systems | Germany | ONVIF-compliant |
| Avigilon (Motorola Solutions) | USA | |
| Pelco | USA | |
| Sony | Japan |
Representations and Certifications
Federal contractors are required to complete the Section 889 representation as part of the FAR 52.204-24 and FAR 52.204-25 provisions. When deploying Arvist under a federal contract, your organization must represent that it does not and will not use any covered telecommunications equipment or services as defined by Section 889.
Guidance for Deployment
If you are deploying Arvist in a federal or federally funded environment:
- Audit existing hardware: Inventory all camera equipment and ensure none is manufactured by Hikvision, Dahua, Huawei, ZTE, or Hytera (or their subsidiaries/affiliates).
- Procure compliant hardware: Select cameras from the compliant alternatives listed above or other non-covered manufacturers.
- Review OEM products: Verify that cameras sold under third-party brand names are not manufactured by covered companies.
- Consult legal counsel: Review your specific contract requirements with your legal and compliance team.
- Complete required FAR certifications: Ensure all required FAR 52.204-24/52.204-25 representations are completed accurately.
Additional Resources
- Section 889 Policy Page (acquisition.gov)
- FAR 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
- FAR 52.204-25 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
- Open Source Compliance
For questions about Section 889 compliance in your Arvist deployment, contact support@arvist.hs-inbox.com.