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Prohibited Companies, Technology, Software, and Services

NDAA889

The National Defense Authorization Act Section 889 (NDAA 889) is an amendment to the Federal Acquisition Regulation (FAR) prohibiting government agencies from entering into, extending, or renewing contracts with an company using hardware, software, or services developed or provided in whole or in part (e.g. components, etc.) by a prohibited company.  

Prohibited Companies

Below is a provisional list of prohibited companies as the federal government continuously updates it. Some prohibited companies include:

  • Huawei Technologies Company
  • ZTE Corporation
  • Hytera Communications Corporation
  • Hangzhou Hikvision Digital Technology Company
  • Dahua Technology Company
  • China Mobile International USA, Inc.
  • China Telecom (Americas) Corp.

In addition to the aforementioned companies (and their subsidiaries, affiliates, and successor organizations), NDAA 889 also applies to entities the Secretary of Defense designates as entities "owned or controlled by, or otherwise connected to, the government of a covered foreign country."

For a current list of prohibited companies, visit the System for Award Management (SAM.gov) and search for the company in question. If it is marked “Excluded”, then it is considered a prohibited company and use of their technologies and/or services are prohibited. 

Prohibited Technology, Software, and Services

In addition to the products and services from the aforementioned prohibited companies, there are a couple more organizations’ products and services which are also banned for use on any device owned by Drexel University. These include:

  • Kaspersky Lab (See FAR 52.204-23)
  • TikTok/ByteDance Limited (See FAR 52.204-27)

How does this affect Drexel?

Since Drexel receives federal funding, the University must comply with this requirement. Therefore, purchasing and/or using equipment, software, and/or services from these prohibited companies could jeopardize Drexel's ability to receive federal funding.

Recommendations

  • Utilize Drexel University equipment, network, and services.
  • Educate researchers and those with purchasing authorization about these restrictions and the use of government funds to purchase equipment or services produced by these prohibited companies.
  • Vet vendors of hardware, software, and services to ensure no purchases are made of prohibited items from prohibited companies. If you have questions, please reach out to Information Security.
  • Perform a search for prohibited hardware, software, and/or services. Notify Information Security immediately if any prohibited items are located or used in any laboratories, offices, classrooms, or other University spaces.

FAQs

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