[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Rules and Regulations]
[Page 42680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15294]
[[Page 42680]]
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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; Small Entity Compliance Guide
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
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SUMMARY: This document is issued under the joint authority of DOD, GSA,
and NASA. This Small Entity Compliance Guide has been prepared in
accordance with section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996. It consists of a summary of the rule
appearing in Federal Acquisition Circular (FAC) 2020-08, which amends
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a
rule indicates that a regulatory flexibility analysis has been
prepared. Interested parties may obtain further information regarding
this rule by referring to FAC 2020-08, which precedes this document.
These documents are also available via the internet at https://www.regulations.gov.
DATES: July 14, 2020.
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 2019-009
Certain 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.
[FR Doc. 2020-15294 Filed 7-13-20; 8:45 am]
BILLING CODE 6820-EP-P