On Aug. 12, Director of National Intelligence John Ratcliffe granted the Pentagon a temporary waiver to the prohibitions under Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 to further assess a broader waiver request from the U.S. Department of Defense (DOD).
Section 889 has been a source of considerable concern for federal contractors that found the requirements unclear, overly burdensome, and—given the COVID-19 pandemic—difficult to implement by the Aug. 13 deadline.
“The thought that somebody in six or seven levels down in the supply chain could have one camera in a parking lot and that would invalidate one of our major primes being able to do business with us gives us a bit of pause,” Under Secretary of Defense for Acquisition and Sustainment Ellen Lord testified before a June 10 House Armed Services Committee hearing.
Under Secretary Lord requested a waiver for end-of-year essential services such as supplies, equipment, food, clothing, transportation, care and support necessary to execute the DOD
“Demonstrate an understanding of the potential increased risks;”
“Describe specific mitigation measures in place to address such risks; and”
“Describe a committed plan to seeking alternatives to contracting with entities that use prohibited goods and services.”