Cite as. Gatewell Group, The Gatewell Protocol for Origin Evidence, Profile S889 (Section 889) (Public comment draft, Revision 1, September 17, 2026), https://gatewellgroup.com/protocol/profiles/section-889/. Cite a clause by its number, which is its anchor: https://gatewellgroup.com/protocol/profiles/section-889/#s889.1.1.
Conformity with a profile is a documentation standard. It is not a determination by any contracting officer, awarding agency or other government body that an item complies with the governing instrument, and it guarantees no procurement, award or audit outcome. This document is not legal advice.
S889.1Scope and governing instruments
S889.1.1 Section 889 restricts a named set of producers and the equipment and services they make or provide. The test is who produced the thing, not what share of it came from where. The obligation reaches a private party through two carriers that differ in who is bound and in how they travel. This profile calls them Path A and Path B.
S889.1.2 Path A is the procurement carrier: FAR subpart 4.21, the clause at 52.204-25, and the representations at 52.204-24, 52.204-26 and 52.212-3(v). Path B is the federal-award carrier: 2 CFR 200.216, with 2 CFR 200.471 on the cost side.
S889.1.3 Neither carrier says what the record behind a representation or a certification looks like. The clause defines the inquiry that precedes a representation and removes any requirement that it be an audit. The award rule makes acceptance of the award the certification. This profile specifies the file, and nothing about the representation or the certification themselves.
S889.1.4 The instruments in the front matter SHALL be re-retrieved at each revision date and the retrieval evidenced, per P.5.1. A file covers what its schedules name and nothing outside them.
S889.2The governing test (informative)
"The head of an executive agency may not— (A) procure or obtain or extend or renew a contract to procure or obtain any equipment, system, or service 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; or (B) enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or service 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."
"Covered telecommunications equipment or services means— (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country."
The same four paragraphs appear at 2 CFR 200.216(b). "Covered foreign country" means "The People's Republic of China".
"Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service."
"Critical technology means— (1) Defense articles or defense services included on the United States Munitions List ...; (2) Items included on the Commerce Control List ... and controlled— (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10 ...; (4) Nuclear facilities, equipment, and material covered by part 110 of title 10 ...; (5) Select agents and toxins covered by part 331 of title 7 ..., part 121 of title 9 ..., or part 73 of title 42 ...; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817)."
"Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit."
"(b)(2) ... This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract."
"(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services."
"(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain covered telecommunications equipment or services; (2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services."
"(e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports."
FAR 4.2102(a)(1) and (a)(2) state the operative dates: August 13, 2019 for the prohibition restated at 52.204-25(b)(1), and August 13, 2020 for the one restated at 52.204-25(b)(2). The exceptions at 52.204-25(c) cover backhaul, roaming and interconnection arrangements, and equipment that "cannot route or redirect user data traffic or permit visibility into any user data or packets".
S889.3Applicability determination
S889.3.1 The OEF SHALL record, for each instrument under which the entity holds or seeks work or funds, which path applies, with the instrument reference, the role held and the date.
S889.3.2 Path A applies where a solicitation, contract, subcontract or other contractual instrument carries the clause at 52.204-25 or its substance. The record SHALL state the role (offeror, prime, or subcontractor and tier) and which representations have been or will be made, with dates. [FAR 4.2105(b), prescribing the clause "in all solicitations and contracts", and 4.2105(a) and (c), prescribing the provisions in solicitations. Neither states a dollar threshold.]
S889.3.3 Path B applies where the entity is a recipient or subrecipient of a federal loan or grant. The record SHALL identify the award, the awarding agency, any pass-through entity, and the role. [2 CFR 200.216(a); 200.101(b)(3)(ii), applying § 200.216 to loans and grants.]
S889.3.4 Where the entity is a for-profit organization holding or seeking a federal award, the record SHALL identify the agency regulation, program statute or award term applying subparts A through E to it, or state that none was found and where the inquiry stopped. [2 CFR 200.101(a)(2), under which agencies "may apply" those subparts to for-profit organizations. No conclusion on reach is drawn.]
S889.3.5 Both paths may apply to one entity. Where they do, each schedule row SHALL state its path and instrument, per P.2.4. The determination SHALL be revisited at each revision date and on each new instrument, and re-attested within thirty days of a Part VI or P.5.2 trigger touching a recorded instrument.
S889.4Application of the Origin Evidence File
| Protocol clause | Application | Modification |
|---|---|---|
| 4.1 Device identity | applies as modified | The schedule is not confined to covered-category models and carries no FCC identifiers. S889.7.1 states the schedule for both limbs. |
| 4.2 Coverage determination | applies as modified | The determination is made against the § 889 definition and the clause definitions quoted in S889.2, not against a Covered List entry. S889.5.3 states its contents. |
| 4.3 Production provenance | applies as modified | Required where the entity produces a scheduled item. Where the entity resells, distributes or integrates, the producer identity fields of S889.7.1 stand in place of site attestations. |
| 4.4.1 Bill of materials and deep trace | applies as modified | Producer identity, not country of origin, is the operative field. The reach of the component examination is set by S889.5.4 rather than by Annex D alone. |
| 4.4.2 Design origin | not applicable | The test names the producer of the equipment and the provider of the service. Where a design originated is not an element of it. |
| 4.4.3 Concentration summary (Annex B.2) | not applicable | The governing test is entity-based and states no content percentage. |
| 4.4.4 and 4.4.5 Sole-source register (Annex B.3) | applies as modified | Required for a scheduled item whose producer is a match or possible match under S889.6, where the register records the replacement path and its lead time. |
| 4.5 Corporate provenance | applies as modified | Documented for entities screened under S889.6 where subsidiary or affiliate status is in question. It is not an ownership standard applied to the signer. |
| 4.6 Software, firmware and IP provenance | applies as modified | Required for a scheduled item that is a telecommunications or video surveillance service, or contains one, to identify the provider and any covered equipment the service uses. [52.204-25(a)(3).] |
| 4.7 Evidence quality, translation and retention | applies as written | Twelve-month currency classes, certified translation and ten-year retention carry over unchanged. |
| 4.8 and Annex A attestation | applies as modified | The attestation covers the file as of its revision date. Under Path B it is not a certification and adds none, per S889.8.4. |
| Annex C supplier declaration | applies as modified | Used to evidence producer identity one tier up, naming the producer and the production site for the parts or services covered. |
| Annex D matrices | applies as modified | The matrices are a floor for the category concerned. S889.5.4 sets the reach of the examination. |
| Annex E screening procedure | applies as modified | S889.6 replaces the screen list and the source lists. |
| Part V verification | applies as modified | The verifier also confirms inquiry-log entries directly with the parties recorded, on the Part V basis of not fewer than three or ten percent of the entries on file, whichever is greater, and reconciles the S889.7.3 register against executed instruments. |
| Part VI change control | applies as written | Read with P.5.2, which adds amendments, deviations, waivers, determinations and effective-date events under a governing instrument. |
S889.5Additional evidence
S889.5.1 Delivery limb. The OEF SHALL schedule, per S889.7.1 with limb "deliver", every item, system and service the entity provides or offers to the Government under an instrument recorded at S889.3.2. [52.204-25(b)(1); 52.204-26(c)(1).]
S889.5.2 Use limb. Where the entity holds or seeks a prime contract, the OEF SHALL schedule, per S889.7.1 with limb "use", the equipment, systems and services the entity uses, not confined to items used in performance of a federal contract. Where the entity holds only lower-tier instruments the flowed-down substance does not carry this limb, and the file SHALL record whether prime paper imposes it. [52.204-25(b)(2), "regardless of whether that use is in performance of work under a Federal contract"; 52.204-25(e), "excluding paragraph (b)(2)".]
S889.5.3 Per-item analysis. For each scheduled row the OEF SHALL record: (a) the producer of the equipment or provider of the service; (b) whether covered telecommunications equipment or services are present, against the four paragraphs quoted at S889.2; (c) if present, whether they are a substantial or essential component, with the components examined and the function each performs; (d) if present, whether they are critical technology as part of the system, naming the paragraph applied; (e) any exception at 52.204-25(c) relied on, with its basis; and (f) the conclusion, preparer and date.
S889.5.4 Depth of the examination. The analysis at S889.5.3(c) SHALL reach every component the entity identifies as necessary for the proper function or performance of the item, whether or not it appears in an Annex D matrix, because the clause defines the term as "any component necessary for the proper function or performance of a piece of equipment, system, or service". An unresolved component carries an open inquiry, not a negative finding.
S889.5.5 Inquiry record. The OEF SHALL contain an inquiry log per S889.7.2 covering every scheduled row and every entity screened under S889.6. Each entry SHALL state what the inquiry was designed to uncover, who was asked, what was returned, and where it stopped, with the reason. No audit is required, and the log SHALL NOT be presented as one. [52.204-25(a), which reaches "any information in the entity's possession about the identity of the producer or provider" and "excludes the need to include an internal or third-party audit".]
S889.5.6 Supplier declarations. For a scheduled row whose producer the entity does not control, producer identity SHALL be evidenced by an Annex C declaration one tier up, or by an inquiry entry recording why none was obtained. Declarations are current for twelve months, per 4.7.3.
S889.5.7 Flow-down evidence. Under Path A, the OEF SHALL contain a register per S889.7.3 recording, for each instrument the entity issued under one carrying the clause, that the substance was inserted, that paragraph (e) was included and paragraph (b)(2) excluded, and the document ID of the executed text. Instruments acquiring commercial products or services are included, and a dollar value is not a ground for omission. Because the clause carries paragraph (e) downward, the register SHALL also hold, for each counterparty issuing lower-tier instruments, a written confirmation that it inserted the substance in them, current for twelve months. [52.204-25(e), which reaches commercial acquisitions in terms, directs insertion "including this paragraph (e)", and states no threshold.]
S889.5.8 Reporting and disclosure readiness. Within one business day of an identification or notification, the OEF SHALL be able to produce for any scheduled row the fields 52.204-25(d)(2) enumerates, which S889.7.1 carries. Where a representation would be answered "does", the row SHALL also carry the fields 52.204-24(e) enumerates, including the explanation of proposed use and, for a service tied to maintenance, the identifiers of the item maintained.
S889.5.9 Path B scope and subawards. A Path B row SHALL identify the award and record whether loan or grant funds were used to procure or obtain the item, or to enter, extend or renew a contract to do so, because the prohibition runs against "obligating or expending loan or grant funds". A pass-through SHALL also record per S889.7.4 each subaward, the subrecipient, the terms carried down, and the classification of each party paid with its basis. The profile prescribes no test for that classification. [2 CFR 200.216(a), naming subrecipients directly; 200.471(b); 200.101(b)(1); 200.1 "Subaward", which excludes payments to a contractor and reaches "an agreement the pass-through entity considers a contract".]
S889.6Entity screen
S889.6.1 Screen list. The Annex E procedure applies as modified by this section. The OEF SHALL screen the producer of every scheduled item, the provider of every scheduled service, every counterparty in the S889.7.3 register, every party recorded under S889.5.9, and every production-site operator recorded under Protocol 4.3.
S889.6.2 Sources. Each entity SHALL be screened against the entities named in the definition quoted at S889.2, reproduced in the file with the version and retrieval date of the text used, and any subsidiary or affiliate of them.
S889.6.3 Subsidiary and affiliate status. No instrument named in S889.1 defines "subsidiary" or "affiliate" for this purpose. The screen SHALL therefore record, per entity, the source used to test that status, its date, and where the inquiry stopped. The profile prescribes no test and publishes no list.
S889.6.4 Exclusions review. The screen SHALL record a dated review of the exclusions in the System for Award Management for entities excluded from federal awards for covered telecommunications equipment or services. [52.204-24(c), 52.204-26(b) and 52.212-3(v)(1), each directing that review; FAR 4.2102(d), on where such prohibitions are recorded.]
S889.6.5 Record per entity: name as screened, aliases checked including native-script and transliterated forms, the source lists with their dates, the result, and the reviewer. The screen is current for twelve months and SHALL be re-run on any Part VI or P.5.2 trigger.
S889.6.6 A match or possible match halts reliance on the file pending a documented resolution, and SHALL reopen the S889.5.3 analysis for every row the entity touches.
S889.7Records and schemas
S889.7.1 s889_item_schedule
One record per item, system or service, per limb, per instrument.
| Field | Definition | Rule |
|---|---|---|
| record_id | Identifier of the schedule row | Unique within the file revision |
| path | Applicability path the row is scheduled under | "A" or "B"; a row serving both is split |
| limb | Which prohibition the row answers | "deliver" or "use"; "use" rows recorded where S889.5.2 applies |
| instrument_ref | Contract, subcontract, solicitation or award | Must appear in the S889.3.1 record |
| item_ref | Internal reference for the item or service | Unique within instrument_ref |
| item_type | equipment / system / service | One value per row |
| description | Item description | Plain language; the field the reporting requirement names |
| producer_name | Legal name of the producer of the equipment or provider of the service | Not the distributor; "UNKNOWN" only with an open inquiry_id |
| producer_uei | Unique entity identifier of the producer | Recorded where known |
| producer_cage | CAGE code of the producer | Recorded where known |
| producer_role | oem / distributor / unknown | Recorded where known |
| brand | Brand as marked | As marked or documented |
| model_number | OEM number, manufacturer part number, or wholesaler number | As marked or documented |
| psc | Product or service code | Required for a service row not tied to maintenance of an identified item |
| maintained_item_ref | The item a maintenance service covers | Required where item_type is service and the service maintains identified equipment |
| covered_finding | Whether covered telecommunications equipment or services are present | yes / no / unresolved; "unresolved" requires an open inquiry_id |
| definition_para | Definition paragraph applied | One or more of (1) to (4) where covered_finding is yes |
| substantial_essential_finding | Whether the covered item is a substantial or essential component | yes / no / not applicable; supported by basis_doc_ids |
| critical_technology_finding | Whether the covered item is critical technology as part of the system | yes / no / not applicable; names the paragraph applied |
| exception_ref | Document ID recording an exception relied on and its factual basis | Required where an exception at 52.204-25(c) is relied on |
| funds_ref | Award funds obligated or expended for the row | Required where path is "B" |
| inquiry_id | Inquiry-log entries supporting the row | At least one |
| basis_doc_ids | Document IDs evidencing each finding | Each finding maps to at least one ID |
| determined_by | Preparer | Named individual |
| determined_date | Date of the determination | Within 12 months of the revision date |
S889.7.2 s889_inquiry_log
One record per inquiry.
| Field | Definition | Rule |
|---|---|---|
| inquiry_id | Identifier of the inquiry | Unique within the file revision |
| scope_ref | The row, instrument or entity the inquiry concerns | Must resolve to a record in the file |
| designed_to_uncover | The information the inquiry was designed to uncover | Stated as producer or provider identity for the scope named |
| question_put | What was asked | In the words used |
| party_asked | Name and role of the party asked | Internal functions named as such |
| relationship | supplier / distributor / broker / subcontractor / internal function / other | One value |
| channel | How the inquiry was made | Correspondence retained by document ID |
| date_sent | Date the inquiry was made | Recorded for every entry |
| response_summary | What was returned | Plain language |
| response_doc_id | Document ID of the response | "none" where no response was received |
| response_date | Date of the response | Blank where none was received |
| outcome | answered / partial / refused / no response / not reachable | One value |
| stop_point | Where the inquiry stopped | Required for every closed entry |
| stop_reason | Why it stopped there | Required; an entry resting on effort states what was attempted |
| escalation | Further step taken or declined, with the decision maker | Required where outcome is not "answered" |
| inquirer | Person who made the inquiry | Named individual |
| closed_date | Date the entry was closed | Within 12 months of the revision date |
S889.7.3 s889_flowdown_register
One record per subcontract or other contractual instrument issued under a Path A instrument.
| Field | Definition | Rule |
|---|---|---|
| subcontract_ref | Identifier of the instrument | Unique within the file revision |
| prime_instrument_ref | The instrument under which it was issued | Must appear in the S889.3.1 record |
| counterparty_name | Legal name of the counterparty | Recorded for every entry |
| counterparty_uei | Unique entity identifier of the counterparty | Recorded where known |
| tier | Tier below the entity | "1" for instruments the entity issued itself |
| instrument_type | subcontract / purchase order / other contractual instrument | One value |
| commercial_flag | Y where the instrument acquires commercial products or commercial services | Recorded; not a ground for omission |
| substance_inserted | Y / N | N requires a documented basis and an open inquiry_id |
| paragraph_e_included | Y / N | Y required where substance_inserted is Y |
| paragraph_b2_excluded | Y / N | Records the exclusion the clause directs |
| inserted_text_doc_id | Document ID of the text as executed | Required where substance_inserted is Y |
| date_executed | Date of execution | Recorded for every executed instrument |
| downstream_confirmation_doc_id | Counterparty confirmation that it inserted the substance in its own lower-tier instruments | Required where the counterparty issues lower-tier instruments; within 12 months of the revision date |
| last_reviewed | Date the entry was last reviewed | At each revision |
S889.7.4 s889_award_register
One record per award and per party paid under it, for Path B.
| Field | Definition | Rule |
|---|---|---|
| award_ref | Identifier of the award or subaward | Unique within the file revision |
| awarding_agency | Agency or pass-through entity making the award | Legal name as it appears on the award |
| instrument_kind | grant / loan / cooperative agreement / subaward | One value |
| entity_role | recipient / subrecipient / pass-through | One value |
| party_paid | Party paid under the award | One record per party |
| classification | subrecipient / contractor | Recorded with classification_basis_doc |
| classification_basis_doc | Document ID recording the basis of the classification | Required; the label on the agreement is not a basis by itself |
| terms_carried_doc_id | Document ID of the award terms carried to the subaward | Required where entity_role is pass-through |
| last_reviewed | Date the entry was last reviewed | At each revision |
S889.8Claims of conformity
S889.8.1 P.6 applies. A claim SHALL name Profile S889, the path or paths covered, the level and the date, and SHALL NOT state or imply that a contracting officer, an awarding agency, a pass-through entity or any other government body has reviewed, accepted or endorsed the file. [P.6.2.]
S889.8.2 A claim SHALL NOT be presented in a manner suggesting that the file stands in place of a representation at 52.204-24, 52.204-26 or 52.212-3(v).
S889.8.3 Under Path B, the file is not a certification and adds none. [2 CFR 200.216(e), under which acceptance of the award is the certification and none beyond acceptance, payment requests and financial reports is required.]
S889.8.4 A claim is a statement about the file, not a determination that an item complies with a governing instrument. [P.6.3.]
S889.9Limits of the profile and questions for comment
S889.9.1 This profile does not establish that any authority requires a record beyond the representation or certification itself. The profile rests on the regulatory definition of reasonable inquiry quoted at S889.2 and on no preamble or guidance.
S889.9.2 It does not state whether the prohibition restated at 52.204-25(b)(2) reaches a corporate parent, affiliate or foreign sister entity of the signer. The clause says "the entity", and no instrument named in S889.1 draws that perimeter.
S889.9.3 It describes no waiver mechanics, and addresses neither equipment installed before the operative dates, state or local procurement restrictions, agency award terms implementing 2 CFR 200.216, nor enforcement history. Where a waiver is relied on, the file records the instrument and its date.
S889.9.4 It states no dollar threshold and infers none. FAR 4.2105 and 52.204-25(e) state none, and simplified acquisition procedures are outside the instruments named.
S889.9.5 Questions for comment:
- Where should an inquiry stop, given that the definition reaches information "in the entity's possession", and what evidences a refusal to answer?
- Is the reach set by S889.5.4 workable for assembled systems with large bills of materials, and should aggregation by commodity class in the manner of Annex B.1 be permitted?
- Should the Path A use limb be scheduled by system rather than by item, and what evidences a negative for a distributed IT estate?
- Under Path B, should the fund trace be evidenced at transaction level or award level?
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