Section 889 of the National Defense Authorization Act (Section 889)
Section 889 of the National Defense Authorization Act (NDAA) is intended to combat national security threats that face the United States and contains two key restrictions, "Part A" and "Part B". Part A prohibits federal government agencies from obtaining (through a contract or other instrument) certain telecommunications and video surveillance equipment or services produced by the following companies: Huawei, ZTE, Hikvision, Hytera Hangzhou, Dahua, their subsidiaries and affiliates. Part B prohibits federal government agencies from contracting with any entity that uses certain telecommunications equipment or services produced by these companies as a substantial or essential component of any system.
Amazon 889 Compliance
Since March 2021, Amazon.com Services LLC (the legal entity that operates the Amazon Business store) is a registered company in the federal government's System for Award Management (SAM). As part of our SAM registration, we certified that we will not provide any covered telecommunication and video surveillance equipment in the performance of our contracts. Also, we do not use any covered telecommunication equipment as a substantial or essential component of any system.
The Amazon Business store provides access to purchase goods, software, and services from a variety of parties, including Amazon and third-party sellers. Our SAM representations and certifications are limited to our capacity as the operator of the Amazon Business store. Our certifications do not apply to goods, software, or services available for purchase on the Amazon Business store, including products sold by Amazon or by third-party sellers. While many goods, services, and software on the Amazon store are 889 compliant, to verify 889 compliance for specific products, customers should use Guided Buying and the Seller Certification Program described below.
Guided Buying
We have Guided Buying policies that you can use to block or restrict products identified as covered telecommunication equipment under Section 889. Products without a 889 certification within Guided Buying policies should not be assumed compliant with 889.Contact your Amazon Business administrator for more details on your organization's policies and using Guided Buying to block or restrict prohibited products under Section 889.
Seller Certification Program
Sellers who are compliant with 889 can enroll in our Seller Certification Program and provide 889 certifications to display on the Amazon Business store. If a seller has certified compliance with 889, the certification will appear under the seller's name on the item detail page. You can download the certification by clicking on the seller's name on the Amazon Business store. You can also download the certification from the seller's SAM registration if the seller is registered in SAM. Guided Buying policies can be set up to prefer products from certified sellers. Products without 889 certifications displayed should not be assumed compliant with 889. You can select the "Ask a question" box on the product page to request certification information directly from the seller.
Access to Amazon's 889 Certification
You can access Amazon Business certifications relating to Section 889 on SAM. Visit www.sam.gov and search for Amazon.com Services LLC. The Defense Pricing and Contracting Office (DPC) of the U.S. Department of Defense also has a request bot to assist with obtaining SAM certifications. You can send an email to DPC at osd.section889request@mail.mil with Amazon.com Services LLC's Unique Entity Identifier (TMKBFBRHFKH3) in the subject line. Avoid including any additional text in the subject line of an email to avoid error messages. You will then receive an email from DPC confirming that Amazon is registered in SAM along with responses to SAM certifications. This capability gives customers and users who wouldn't normally access the SAM a quick way to check SAM for certifications related to Section 889.
Other Sourcing Requirements
In addition to Section 889, government agencies are prohibited from using hardware, software, or services developed or produced by Kaspersky Lab under Section 1643 of the NDAA or from contracting for any covered article or any products or services produced or provided by a source set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order. Sellers on Amazon Business do not provide certifications for these restrictions since they are not required by government contractors in SAM. Amazon uses technical solutions to assist government agencies with avoiding purchasing Kaspersky Lab products or covered articles or products or services produced by a named source under FASCSA orders.
As with Section 889, our representations and certifications are limited to our capacity as the operator of the Amazon Business store. These certifications do not apply to the goods, software, or services offered for sale by Amazon or third-party sellers on the Amazon Business store.
If you find an item for purchase, you can select the "Ask a question" box to request information directly from the Seller about their practices on Kaspersky Lab products or covered articles or products or services produced by a named source under FASCSA orders.
