[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Rules and Regulations]
[Page 42664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15292]
[[Page 42663]]
Vol. 85
Tuesday,
No. 135
July 14, 2020
Part V
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Interim Final Rules
Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Rules
and Regulations
[[Page 42664]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2020-0051, Sequence No. 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2020-08; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of an interim rule.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) in this Federal
Acquisition Circular (FAC) 2020-08. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC.
DATES: For effective date see the separate document, which follows.
FOR FURTHER INFORMATION CONTACT: [email protected] or call 202-969-
4075. Please cite FAC 2020-08, FAR case 2019-009.
Rule Listed in FAC 2020-08
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Subject FAR Case
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Prohibition on Contracting with Entities Using Certain 2019-009
Telecommunications and Video Surveillance Services or
Equipment.............................................
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ADDRESSES: The FAC, including the SECG, is available via the internet
at https://www.regulations.gov.
SUPPLEMENTARY INFORMATION: A summary for each FAR rule follows. For the
actual revisions and/or amendments made by this FAR case, refer to the
specific subject set forth in the document following this summary. FAC
2020-08 amends the FAR as follows:
Prohibition on Contracting With Entities Using Certain
Telecommunications and Video Surveillance Services or Equipment (FAR
Case 2019-009)
This interim rule amends the Federal Acquisition Regulation to
implement section 889(a)(1)(B) of Title VII of the John S. McCain
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019
(Pub. L. 115-232). Paragraph (a)(1)(B) of section 889 prohibits
executive agencies from entering into, or extending or renewing, 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, on or after August 13, 2020 unless an
exception applies or a waiver is granted.
To implement paragraph (a)(1)(B) of section 889, the provision at
52.204-24 requires all offerors to represent, after conducting a
reasonable inquiry, whether covered telecommunications equipment or
services are used by the offeror, and if so, to provide further
information. The clause at 52.204-25 prohibits the head of an executive
agency from entering into a contract, or extending or renewing 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, unless an exception applies or a
waiver is granted. The contractor must report use of any such
equipment, systems, or services discovered during contract performance.
This rule applies to all acquisitions, including acquisitions at or
below the simplified acquisition threshold and to acquisitions of
commercial items, including commercially available off-the-shelf items.
It may have a significant economic impact on a substantial number of
small entities.
This interim rule is being implemented as a national security
measure to protect Government information and information and
communication technology systems.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2020-08 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator of National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2020-08 is
effective July 14, 2020 except for FAR Case 2019-009, which is
effective [August 13, 2020].
Kim Herrington,
Acting Principal Director, Defense Pricing and Contracting, Department
of Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
William G. Roets, II,
Acting Assistant Administrator, Office of Procurement, National
Aeronautics and Space Administration.
[FR Doc. 2020-15292 Filed 7-13-20; 8:45 am]
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