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FARHigh activityReview recommended · 2026-07-10

FAR Council / DoD-GSA-NASA

Converts statutory supply-chain prohibitions (NDAA sections) into binding FAR clauses: Section 889 telecom prohibitions, FASCSA orders, and now the Section 5949 semiconductor ban. Authorities: FY2019 NDAA Sec. 889; FY2023 NDAA Sec. 5949; FASCSA; FAR Part 40.

One-minute briefing

Agency snapshot

The FAR Council converts NDAA prohibitions into binding FAR clauses. The Section 5949 semiconductor prohibition proposed rule issued February 17, 2026; comments closed April 20, 2026; the final rule is expected before the statutory December 23, 2027 effective date. It prohibits agency acquisition of electronic products or services containing SMIC, CXMT, or YMTC semiconductors (and affiliates) — including COTS and micro-purchases — with grandfathering for pre-2027 equipment, a no-alternative-source exception until December 23, 2028, a commercial-services carve-out that notably excludes IT and telecommunications services, a 72-hour contractor disclosure duty, and renewable two-year waivers. Telecom members are directly in scope. Section 889 and FASCSA remain steady-state regimes. Confirm current text at acquisition.gov.

4
Active initiatives
2
Upcoming deadlines
4
Priority topics
Most important thing right now

Begin semiconductor traceability for SMIC/CXMT/YMTC content now: the Section 5949 prohibition is statutory (effective December 23, 2027), reaches COTS and micro-purchases, and imposes a 72-hour disclosure duty — and the commercial-services carve-out excludes IT and telecom services.

Mandate & jurisdiction

What this agency does

FAR rules bind every federal contractor; the Section 5949 semiconductor ban and the standing Section 889/FASCSA regimes directly drive member compliance obligations — and 5949’s carve-out pointedly does not spare IT and telecom services.

FAR rulemaking

Sets acquisition rules all federal contractors must follow; consolidates supply-chain security into FAR Part 40.

Section 889

Prohibits covered telecom equipment/services in federal procurement (standing regime).

Section 5949

Will bar procurement of products/services containing SMIC, CXMT, or YMTC semiconductors and affiliates.

FASCSA orders

Implements Federal Acquisition Security Council exclusion/removal orders.

Jurisdiction

  • Government-wide Federal Acquisition Regulation (FAR Part 40)
  • Section 889 covered-telecom prohibitions
  • Section 5949 semiconductor procurement prohibition
  • FASCSA exclusion/removal orders
Who should care

Government contracting and compliance teams.

Operational

Contract clause tracking, supplier attestations, and semiconductor traceability.

Compliance

Section 889 and Section 5949 representations/certifications; 72-hour disclosure; FASCSA order screening.

Procurement

Semiconductor sourcing diligence ahead of the December 23, 2027 ban.

Initiatives & deadlines

What they are working on now

UpcomingOpen for commentSection 5949 semiconductors 2027-12-23

Section 5949 semiconductor procurement prohibition

Proposed rule issued February 17, 2026; comments closed April 20, 2026; final rule expected before the statutory effective date of December 23, 2027. Prohibits agency acquisition of electronic products or services containing SMIC, CXMT, or YMTC semiconductors (and affiliates), including COTS and micro-purchases. Includes grandfathering for pre-2027 equipment, a no-alternative-source exception until December 23, 2028, a commercial-services carve-out that notably excludes IT and telecommunications services, a 72-hour contractor disclosure duty, and renewable two-year waivers. Telecom members are directly in scope.

MonitorPendingProcurement and contracting

FY2026 NDAA supply-chain provisions

Section 851 (a BIOSECURE-style prohibition on certain biotechnology providers) is in the final FY2026 NDAA text; watch enactment status and any communications-adjacent provisions emerging from conference. Also track the proposed Section 849A industrial-base authorities.

MonitorEffectiveSection 889

Section 889 covered-telecom prohibitions (standing)

Section 889 (FY2019 NDAA) remains a steady-state compliance regime prohibiting covered telecom equipment/services in federal procurement, now being consolidated under FAR Part 40. Kept as a standing Atlas row with links to covered-entity determinations.

MonitorEffectiveFASCSA

FASCSA exclusion/removal orders (standing)

FASCSA remains a steady-state regime under which the Federal Acquisition Security Council issues exclusion/removal orders. Kept as a standing Atlas row with links to the current FASCSA order list.

Upcoming dates

  • 2027-12-23Section 5949 semiconductor procurement prohibition effective (statutory)
  • 2028-12-23Section 5949 no-alternative-source exception sunset
Key decision-makers

Leadership to know

We focus on the roles whose decisions reach members, and why each one matters — not biographical trivia. Names are intentionally withheld until verified against an official source.

Kevin Rhodes
OFPP Administrator

Why it mattersChairs the government-wide acquisition-rule process; confirmed October 2025.

Review recommended
Working Group analysis

What we are watching

Confidence: DevelopingActive situation; details are still shifting.

What changed

  • Section 5949 proposed rule issued February 17, 2026; comments closed April 20, 2026.
  • FY2026 NDAA Section 851 (BIOSECURE-style) included in final text.

What we are watching

  • Section 5949 final rule and its detection/attestation requirements.
  • FY2026 NDAA enactment and Section 849A industrial-base authorities.
  • FAR Part 40 placement of Section 889.

Member exposure

  • Semiconductor traceability for SMIC/CXMT/YMTC content down to COTS and micro-purchases.
  • 72-hour disclosure duty; IT and telecom services are not carved out.
  • Ongoing Section 889 and FASCSA screening.

Recommended preparation

  • Stand up semiconductor supply-chain traceability and a 72-hour disclosure process.
  • Map the no-alternative-source exception sunset (Dec 23, 2028) into re-sourcing plans.
  • Monitor FAR Part 40 clause consolidation and FASCSA orders.

Open questions

  • How will contractors verify absence of SMIC/CXMT/YMTC semiconductors in complex assemblies?
Primary references

Sources & verification

This profile is a sample interface. Leadership names, dates, regulatory status, and figures must be confirmed against current official sources before any member distribution.