Government Purchase Card Billing Official Questions (Speedy Completion Necesary)
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Defense Pricing and Contracting memorandum, “Implementation of the Section 889(a)(1)(B) Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment,” dated July 23, 2020
Defense Pricing and Contracting memorandum, “Governmentwide Commercial Purchase Card Guidance related to Implementation of the Section 889(a)(1)(B) Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment” dated August 11, 2020
Policy Alert # 20-124: Governmentwide Commercial Purchase Card Guidance Related to Implementation of Section 889(a)(1)(B) Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment – August 12, 2020
Policy Alert # 20-124 Revision 1: Governmentwide Commercial Purchase Card Guidance Related to Implementation of Section 889(a)(1)(B) Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment – August 13, 2020
Policy Alert # 20-128: Temporary Waiver of Section 889(a)(1)(B) of Fiscal Year 2019 National Defense Authorization Act (FOUO) - August 14, 2020
DNI memorandum dated 12 Aug 2020, Subject: DoD Request for Waiver of Section 889 of Fiscal Year 2019 National Defense Authorization Act – dated August 12, 2020
Training Alert # 20-18: New Section 889 Training Available Now!
Army Section 889(a)(1)(B) Waiver Process Flow
Section 889 Training
REFERENCES
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Requirements Related to 889 Representations
Prior to making a purchase, Cardholders (CH) must seek and obtain a representation from the merchant from a person who is authorized to bind the merchant (except where specifically exempted under Appendix A)
An 889 Representation must be filled out and retained for each purchase except for exempt purchases
If a merchant represents “does not,” the CH can rely on the representation and make the purchase. Include a copy of the representation with the transaction supporting data by uploading in AXOL
If a merchant represents “does,” the CH shall not make the purchase and attempt to find another source or send the requirement to contracting
If you have sought the form but are unable to obtain it from the vendor and the purchase becomes urgent to the point where it will adversely impact mission, do an MFR documenting the urgency of the requirement and the circumstances surrounding the reason a form was not signed at the time of purchase. The form must still be obtained and included in the supporting documentation for the purchase. If the form is never obtained, you will be prohibited from purchasing from this vendor for future requirements and would either need to find an alternate source, or submit the requirement to your supporting contracting office
If the merchant declines to provide the completed 889 Representation, the CH shall not make the purchase. The purchase requirement must be provided to the supporting contracting office for action
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How to Obtain and Document the Required 889 Representation
The easiest way may be to use the Robotic Process Automation (RPA) also referred to as the “BOT”
To use the BOT, send an email to info@section889request.com with a valid 9-digit DUNS number (no spaces or dashes) in the subject line and the body of the e-mail message completely blank.
The system should send a response within 5 minutes. If the response answers both questions in the negative as in the sample below, you are good and would maintain a copy with your purchase supporting documents. If they don’t answer both negatively, you’ll need to obtain the required representations a different way.
From: Section 889 Bot <info@section889request.com> Sent: Monday, May 17, 2021 1:27 PM To: Frank, Theodore CIV USARMY MEDCOM AHCA (USA) <theodore.frank.civ@mail.mil> Subject: [Non-DoD Source] DUNS: 123456789 Section 889 Request
All active links contained in this email were disabled. Please verify the identity of the sender, and confirm the authenticity of all links contained within the message prior to copying and pasting the address to a Web browser.
The vendor information associated with DUNS number 123456789 is listed below:
Legal Business Name: Chalupa Batman SPECIALTIES, INC.
Legal Business Address:
The Bat Cave
CHARLOTTE, NC, USA, 28211
CAGE Code: 01234
Status: Active
The vendor associated with this DUNS number has answered 'Does Not' to FAR provision 52.204-26(c)(1) Covered Telecommunications Equipment or Services-Representation.
The vendor associated with this DUNS number has answered 'Does Not' to FAR provision 52.204-26(c)(2) Covered Telecommunications Equipment or Services-Representation.
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The vendor representative must indicate “will not provide covered telecommunications equipment or services” and “does not use covered telecommunications equipment or services”
It is not your responsibility to determine the vendor representative is authorized to sign for the vendor
This is the version that can be used from now forward.
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How to Obtain and Document the Required 889 Representation
If you don’t get the required BOT response or can’t verify in System for Award Management you can have the vendor complete this form:
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These instructions accompanied the form on the previous slide, but are for your information and should not be sent to the vendor as some of the information does not pertain to them.
https://sam.gov/
Sign in if registered, or create account
Chalupa Batman
Chalupa.batman.civ@mail.mil
Select Plus + Sign
Entity Information
Select Entity Registration
then
Entity Drop Down Arrow
Start typing the vendor name here
If you see the vendor you are looking for, select it, or you can take note of the DUNS number below it and use the BOT
Select the vendor name
Select Reps and Certs
Select Download Reports, then FAR. The issue is that for your required documentation you need the header page and the Covered Telecommunications page (FAR 52.204-26) which are over 20 pages apart, so you either have to edit it to the required pages or maintain the entire document which may be too large to upload. This is why use of the BOT is recommended (slide 3).
Select PDF then Download and Save or Open as your browser requires
Key word search Telecommunications
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It is Required to Annotate in AXOL/Transaction Management the “889 Designation”
In order to track 889 Designation compliance, it is required that cardholders (CHs) notate 889 compliance in Transaction Management. Specifically, it will be noted in the transaction comments section, in the “889 Designation” box. Below is a quick guide on how to do add this designation.
After you identify the transaction in “Transaction Management/ Transaction List,” the CH can click on any of the “blue” hyperlinks. In this example the “Approved” link was clicked.
Click here
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After clicking the hyperlink, the below box will open. Depending on which hyperlink you click, the information shown below may look different. Once the box opens, click on the “Comments” tab.
Click here
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After clicking on the “Comments” tab, the below box will open. In the “889 Designation” box the CH will input one of the six 889 designations (see Appendix A below). In this example “889 Merchant Rep” was used. Then click “Save Comments”.
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| Allowable Purchase Log Entries | Applicability | |
| 889 Merchant Rep | Merchant provided the required 889 representation at Federal Acquisition Regulation (FAR) 52.204-24(d)(2) with a “does not” response; the CH relied upon the representation to make the purchase. | |
| 889 ODNI | Merchant provided the required 889 representation at FAR 52.204-24(d)(2) with a “does” response, but it has been determined the required supplies/services are included in a Product Service Code (PSC) covered by Reference 2; the CH relied upon the waiver to make the purchase.* | |
| 889 Agency | Merchant has provided the required 889 representation at FAR 52.204- 24(d)(2) with a “does” response, but it has been determined the required supplies/services are covered by an Executive Agency waiver that was approved in accordance with FAR 4.2104; the CH relied upon the Executive Agency waiver to make the purchase. | |
| 889 Exception | Merchant has provided the required 889 representation at FAR 52.204- 24(d)(2) with a “does” response, but in conjunction with the supporting contracting office, a FAR 52.204-25 (c) exception applies; the CH relied upon the exception to make the purchase. Written approval from the supporting contracting office shall be included with the transaction supporting data. | |
| 889 Payment | CH was not required to obtain the required 889 representation at FAR 52.204- 24(d)(2) because the GPC was used only as a method of payment. Examples include: payments against a contract to fulfill intra/inter-governmental requirements to make payment against SF-182 commercial training requests in accordance with GPC policy | |
| 889 Non-Compliant | CH purchased supplies/services without obtaining the required 889 representation at FAR 52.204-24(d)(2), that were not covered by an ODNI waiver, an Executive Agency waiver, or a FAR authorized exception. The purchase was NOT in compliance with GPC policy. |
Appendix A
These are the only allowable log entries to be placed in Access on Line. Put these in word for word without embellishment, without abbreviation.
Purchase from Defense Commissary Agency; Payments against Blanket Purchasing Agreements and Payments against Contracts (not FSS purchases) are exempt and the annotation would be 889 Payment
Except for 889 Payment categorized purchases, all purchases will have the 889 verification of required representations loaded in AXOL along with all required supporting documentation
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For Assistance, Contact your Servicing A/OPC
Theodore (Ted) Frank, theodore.frank.civ@mail.mil , A/OPC Office: 703-806-4543