Federal Acquisition Regulation: Federal Acquisition Circular 2005-99; Small Entity Compliance Guide, 28149-28150 [2018-12849]
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Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations
b. Adding a new paragraph (b)(1) to
read as follows:
■
12.503 Applicability of certain laws to
Executive agency contracts for the
acquisition of commercial items.
*
*
*
*
*
(b) * * *
(1) 22 U.S.C. 2593e, Requirement for
a certification under Measures Against
Persons Involved in Activities that
Violate Arms Control Treaties or
Agreements with the United States (see
9.109).
*
*
*
*
*
PART 13—SIMPLIFIED ACQUISITION
PROCEDURES
7. Amend section 13.005 by adding
paragraph (a)(11) to read as follows:
■
13.005 List of laws inapplicable to
contracts and subcontracts at or below the
simplified acquisition threshold.
(a) * * *
(11) 22 U.S.C. 2593e (Measures
Against Persons Involved in Activities
that Violate Arms Control Treaties or
Agreements with the United States).
(The requirement at 22 U.S.C.
2593e(c)(3)(B) to provide a certification
does not apply).
*
*
*
*
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
8. Add section 52.209–13 to read as
follows:
■
52.209–13 Violation of Arms Control
Treaties or Agreements—Certification.
As prescribed in 9.109–5, insert the
following provision:
sradovich on DSK3GMQ082PROD with RULES2
Violation of Arms Control Treaties or
Agreements—Certification (JUN 2018)
(a) This provision does not apply to
acquisitions below the simplified acquisition
threshold or to acquisitions of commercial
items as defined at FAR 2.101.
(b) Certification. [Offeror shall check either
(1) or (2).]
____ (1) The Offeror certifies that—
(i) It does not engage and has not engaged
in any activity that contributed to or was a
significant factor in the President’s or
Secretary of State’s determination that a
foreign country is in violation of its
obligations undertaken in any arms control,
nonproliferation, or disarmament agreement
to which the United States is a party, or is
not adhering to its arms control,
nonproliferation, or disarmament
commitments in which the United States is
a participating state. The determinations are
described in the most recent unclassified
annual report provided to Congress pursuant
to section 403 of the Arms Control and
Disarmament Act (22 U.S.C. 2593a). The
report is available via the internet at https://
www.state.gov/t/avc/rls/rpt/; and
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(ii) No entity owned or controlled by the
Offeror has engaged in any activity that
contributed to or was a significant factor in
the President’s or Secretary of State’s
determination that a foreign country is in
violation of its obligations undertaken in any
arms control, nonproliferation, or
disarmament agreement to which the United
States is a party, or is not adhering to its arms
control, nonproliferation, or disarmament
commitments in which the United States is
a participating state. The determinations are
described in the most recent unclassified
annual report provided to Congress pursuant
to section 403 of the Arms Control and
Disarmament Act (22 U.S.C. 2593a). The
report is available via the internet at https://
www.state.gov/t/avc/rls/rpt/; or
____ (2) The Offeror is providing separate
information with its offer in accordance with
paragraph (d)(2) of this provision.
(c) Procedures for reviewing the annual
unclassified report (see paragraph (b)(1) of
this provision). For clarity, references to the
report in this section refer to the entirety of
the annual unclassified report, including any
separate reports that are incorporated by
reference into the annual unclassified report.
(1) Check the table of contents of the
annual unclassified report and the country
section headings of the reports incorporated
by reference to identify the foreign countries
listed there. Determine whether the Offeror
or any person owned or controlled by the
Offeror may have engaged in any activity
related to one or more of such foreign
countries.
(2) If there may have been such activity,
review all findings in the report associated
with those foreign countries to determine
whether or not each such foreign country was
determined to be in violation of its
obligations undertaken in an arms control,
nonproliferation, or disarmament agreement
to which the United States is a party, or to
be not adhering to its arms control,
nonproliferation, or disarmament
commitments in which the United States is
a participating state. For clarity, in the
annual report an explicit certification of noncompliance is equivalent to a determination
of violation. However, the following
statements in the annual report are not
equivalent to a determination of violation:
(i) An inability to certify compliance.
(ii) An inability to conclude compliance.
(iii) A statement about compliance
concerns.
(3) If so, determine whether the Offeror or
any person owned or controlled by the
Offeror has engaged in any activity that
contributed to or is a significant factor in the
determination in the report that one or more
of these foreign countries is in violation of its
obligations undertaken in an arms control,
nonproliferation, or disarmament agreement
to which the United States is a party, or is
not adhering to its arms control,
nonproliferation, or disarmament
commitments in which the United States is
a participating state. Review the narrative for
any such findings reflecting a determination
of violation or non-adherence related to those
foreign countries in the report, including the
finding itself, and to the extent necessary, the
conduct giving rise to the compliance or
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28149
adherence concerns, the analysis of
compliance or adherence concerns, and
efforts to resolve compliance or adherence
concerns.
(4) The Offeror may submit any questions
with regard to this report by email to
NDAA1290Cert@state.gov. To the extent
feasible, the Department of State will respond
to such email inquiries within 3 business
days.
(d) Do not submit an offer unless—
(1) A certification is provided in paragraph
(b)(1) of this provision and submitted with
the offer; or
(2) In accordance with paragraph (b)(2) of
this provision, the Offeror provides with its
offer information that the President of the
United States has—
(i) Waived application under U.S.C.
2593e(d) or (e); or
(ii) Determined under 22 U.S.C. 2593e(g)(2)
that the entity has ceased all activities for
which measures were imposed under 22
U.S.C.2593e(b).
(e) Remedies. The certification in
paragraph (b)(1) of this provision is a
material representation of fact upon which
reliance was placed when making award. If
it is later determined that the Offeror
knowingly submitted a false certification, in
addition to other remedies available to the
Government, such as suspension or
debarment, the Contracting Officer may
terminate any contract resulting from the
false certification.
(End of provision)
[FR Doc. 2018–12848 Filed 6–14–18; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2018–0001, Sequence
No. 3]
Federal Acquisition Regulation:
Federal Acquisition Circular 2005–99;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
AGENCY:
This document is issued
under the joint authority of DoD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared
consistent with section 212 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. It consists of a
summary of the rules appearing in
Federal Acquisition Circular (FAC)
2005–99, which amends the Federal
SUMMARY:
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28150
Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations
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 these
rules by referring to FAC 2005–99,
which precedes this document. These
documents are also available via the
internet at https://www.regulations.gov.
DATES: June 15, 2018.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2005–99 and the
FAR case number. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
RULES LISTED IN FAC 2005–99
Item
Subject
* I .......................
* II ......................
Use of Products and Services of Kaspersky Lab (Interim) ................................................................
Violations of Arms Control Treaties or Agreements with the United States (Interim) .......................
SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these rules, refer
to the specific item numbers and
subjects set forth in the documents
following these item summaries. FAC
2005–99 amends the FAR as follows:
Item I—Use of Products and Services of
Kaspersky Lab (FAR Case 2018–010)
sradovich on DSK3GMQ082PROD with RULES2
This interim rule amends the Federal
Acquisition Regulation (FAR) to
implement section 1634 of Division A of
the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2018 (Pub.
L. 115–91). Section 1634 of this law
prohibits the Federal Government’s use
on or after October 1, 2018, of hardware,
software, and services developed or
provided, in whole or in part, by
Kaspersky Lab or related entities.
To implement section 1634, the
clause at 52.204–23 prohibits
contractors from providing any
hardware, software, or services
developed or provided by Kaspersky
VerDate Sep<11>2014
18:39 Jun 14, 2018
Jkt 244001
FAR case
Lab or its related entities, or using any
such hardware, software, or services in
the development of data or deliverables
first produced in the performance of the
contract. The contractor must also
report any such hardware, software, or
services discovered during contract
performance; this requirement flows
down to subcontractors.
This rule applies to all acquisitions,
including acquisitions at or below the
simplified acquisition threshold and to
acquisitions of commercial items,
including commercially available offthe-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 systems.
Item II—Violations of Arms Control
Treaties or Agreements With the United
States (FAR Case 2017–018)
This interim rule amends the Federal
Acquisition Regulation (FAR) to
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Fmt 4701
Sfmt 9990
2018–010
2017–018
Analyst
Francis.
Davis.
implement section 1290 of the National
Defense Authorization Act for Fiscal
Year 2017 (Pub. L. 114–328, codified at
22 U.S.C. 2593e), which addresses
measures against persons involved in
activities that violate arms control
treaties or agreements with the United
States. The interim rule adds a
certification provision in each
solicitation for the acquisition of
products or services (including
construction) that exceeds the
simplified acquisition threshold, except
for solicitations for the acquisition of
commercial items.
This interim rule will not have a
significant economic impact on a
substantial number of small entities.
Dated: June 7, 2018.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2018–12849 Filed 6–14–18; 8:45 am]
BILLING CODE 6820–EP–P
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]]>Agencies
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Rules and Regulations]
[Pages 28149-28150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12849]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2018-0001, Sequence No. 3]
Federal Acquisition Regulation: Federal Acquisition Circular
2005-99; 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.
-----------------------------------------------------------------------
SUMMARY: This document is issued under the joint authority of DoD, GSA,
and NASA. This Small Entity Compliance Guide has been prepared
consistent with section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996. It consists of a summary of the rules
appearing in Federal Acquisition Circular (FAC) 2005-99, which amends
the Federal
[[Page 28150]]
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 these rules by
referring to FAC 2005-99, which precedes this document. These documents
are also available via the internet at https://www.regulations.gov.
DATES: June 15, 2018.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-99 and the FAR case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat Division
at 202-501-4755.
Rules Listed in FAC 2005-99
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
* I.................... Use of Products 2018-010 Francis.
and Services of
Kaspersky Lab
(Interim).
* II................... Violations of 2017-018 Davis.
Arms Control
Treaties or
Agreements with
the United
States (Interim).
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these rules, refer to the
specific item numbers and subjects set forth in the documents following
these item summaries. FAC 2005-99 amends the FAR as follows:
Item I--Use of Products and Services of Kaspersky Lab (FAR Case 2018-
010)
This interim rule amends the Federal Acquisition Regulation (FAR)
to implement section 1634 of Division A of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91).
Section 1634 of this law prohibits the Federal Government's use on or
after October 1, 2018, of hardware, software, and services developed or
provided, in whole or in part, by Kaspersky Lab or related entities.
To implement section 1634, the clause at 52.204-23 prohibits
contractors from providing any hardware, software, or services
developed or provided by Kaspersky Lab or its related entities, or
using any such hardware, software, or services in the development of
data or deliverables first produced in the performance of the contract.
The contractor must also report any such hardware, software, or
services discovered during contract performance; this requirement flows
down to subcontractors.
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 systems.
Item II--Violations of Arms Control Treaties or Agreements With the
United States (FAR Case 2017-018)
This interim rule amends the Federal Acquisition Regulation (FAR)
to implement section 1290 of the National Defense Authorization Act for
Fiscal Year 2017 (Pub. L. 114-328, codified at 22 U.S.C. 2593e), which
addresses measures against persons involved in activities that violate
arms control treaties or agreements with the United States. The interim
rule adds a certification provision in each solicitation for the
acquisition of products or services (including construction) that
exceeds the simplified acquisition threshold, except for solicitations
for the acquisition of commercial items.
This interim rule will not have a significant economic impact on a
substantial number of small entities.
Dated: June 7, 2018.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2018-12849 Filed 6-14-18; 8:45 am]
BILLING CODE 6820-EP-P
