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NDAA 2019 Section 889 Required Representations for Purchase Card Purchases

The John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232),
Sec 889 reference can be found at https://www.congress.gov/115/bills/hr5515/BILLS- 115hr5515enr.pdf.

Prohibited vendor list Telecommunications Equipment and Services:
• Aventura Technologies
• Huawei Technologies Company
• Subsidiaries or Affiliates of Huawei
• ZTE Corporation
• Subsidiaries or Affiliates of ZTE Corporation
Prohibited vendor list Video Surveillance and Telecommunications Equipment:
• Hytera Communications Corporation
• Subsidiaries or Affiliates of Hytera Communications Corporation
• Hangzhou Hikvision Digital Technology Company
• Subsidiaries or Affiliates Hangzhou Hikvision Digital Technology Company
• Dahua Technology Company
• Subsidiaries or Affiliates of Dahua Technology Company

REPRESENTATION OF MERCHANT/CONTRACTOR

I, Parker Johnson, Exergame, (Name of person making representation) have reviewed the NDAA for FY 2019, Section 889. I have the authority to make the required representations on behalf of the Merchant/Contractor.

a) 2019 NDAA, Section 889(a)(1)(A) – Representation Part A – The Merchant/Contractor represents that it:
☐ will
will not
provide covered telecommunications and video surveillance equipment or services to the Government in the
performance of any contract, subcontract or other contractual instrument (to include purchase card orders).

b) 2019 NDAA, Section 889(a)(1)(B) – Representation Part B – After conducting a reasonable inquiry, for purposes of
this representation, the Merchant/Contractor represents that it:
☐ does
does not

use covered telecommunications and video surveillance equipment or services, or use any equipment, system, or service
that uses covered telecommunications equipment or services.

1. If the merchant/contractor represents will not” or “does not” for (a) and (b) the CH can rely on the
representation and make the purchase.
2. If a merchant/contractor represents “will” for (a) or “does” for (b), or the merchant/contractor declines to
complete the representation, CH shall not make the purchase with that merchant/contractor.

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