Federal Acquisition Regulation; Federal Acquisition Circular 2019-05; Introduction, 40216 [2019-17200]
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Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
and National Aeronautics and Space
Administration (NASA).
DATES:
Summary presentation of an
interim rule.
FOR FURTHER INFORMATION CONTACT:
Farpolicy@gsa.gov or call 202–969–
4075. Please cite FAC 2019–05, FAR
Case 2018–017.
ACTION:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2019–0002, Sequence No.
4]
Federal Acquisition Regulation;
Federal Acquisition Circular 2019–05;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
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) 2019–05. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC. The FAC, including the SECG, is
available via the internet at https://
www.regulations.gov.
For effective date see the
separate document, which follows.
A
summary for the 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 item summary.
FAC 2019–05 amends the FAR as
follows:
SUPPLEMENTARY INFORMATION:
RULE LISTED IN FAC 2019–05
Subject
FAR case
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .........
jspears on DSK3GMQ082PROD with RULES3
Prohibition on Contracting for Certain
Telecommunications and Video
Surveillance Services or Equipment
(FAR Case 2018–017)
This interim rule amends the FAR to
implement section 889(a)(1)(A) of the
John S. McCain National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2019 (Pub. L. 115–232).
Paragraph (a)(1)(A) of section 889
prohibits agencies from procuring or
obtaining, or extending or renewing a
contract to procure or obtain, any
equipment, system, or service that uses
covered telecommunication equipment
or services as a substantial or essential
component of any system, or as a
critical technology as part of any system
on or after August 13, 2019, unless an
exception applies or a waiver has been
granted. Further prohibitions at
paragraph (a)(1)(B) of section 889 go
into effect August 13, 2020, and will be
addressed through separate rulemaking.
To implement paragraph (a)(1)(A) of
section 889, this interim rule provides a
new solicitation provision and contract
clause. The provision at FAR 52.204–24
requires offerors to represent whether
their offer includes covered
telecommunications equipment or
services and if so, to identify additional
details about its use. Representations are
also required for orders on indefinite
delivery contracts. The clause at FAR
52.204–25 prohibits contractors from
providing 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
VerDate Sep<11>2014
19:35 Aug 12, 2019
Jkt 247001
an exception applies or the covered
telecommunications equipment or
services are covered by a waiver
described in FAR 4.2104. The contractor
must also report any such equipment,
systems, 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 Government
information and communication
technology systems.
Contracting officers shall modify
certain contracts to include the new
FAR clause, as specified in the ‘‘Dates’’
section of the preamble of the interim
rule. Contracting officers also shall
include the new FAR provision in
solicitations for an order, or notices of
intent to place an order, under those
contracts.
Janet M. Fry,
Director, Federal Acquisition Policy Division,
Office of Government-Wide Policy.
Federal Acquisition Circular (FAC) 2019–
05 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 2019–05
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
2018–017
Analyst
Francis.
is effective August 13, 2019 except for FAR
Case 2018–017, which is effective August 13,
2019.
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. 2019–17200 Filed 8–12–19; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 4, 12, 13, 39, and 52
[FAC 2019–05; FAR Case 2018–017; Docket
No. 2018–0017, Sequence No. 1]
RIN 9000–AN83
Federal Acquisition Regulation:
Prohibition on Contracting for Certain
Telecommunications and Video
Surveillance Services or Equipment
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule.
AGENCY:
E:\FR\FM\13AUR3.SGM
13AUR3
]]>Agencies
[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Rules and Regulations]
[Page 40216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17200]
[[Page 40215]]
Vol. 84
Tuesday,
No. 156
August 13, 2019
Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Interim Rules
Federal Register / Vol. 84 , No. 156 / Tuesday, August 13, 2019 /
Rules and Regulations
[[Page 40216]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2019-0002, Sequence No. 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2019-05; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of an interim rule.
-----------------------------------------------------------------------
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) 2019-05. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC. The FAC, including
the SECG, is available via the internet at https://www.regulations.gov.
DATES: For effective date see the separate document, which follows.
FOR FURTHER INFORMATION CONTACT: [email protected] or call 202-969-
4075. Please cite FAC 2019-05, FAR Case 2018-017.
SUPPLEMENTARY INFORMATION: A summary for the 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 item summary.
FAC 2019-05 amends the FAR as follows:
Rule Listed in FAC 2019-05
------------------------------------------------------------------------
Subject FAR case Analyst
------------------------------------------------------------------------
Prohibition on Contracting for 2018-017 Francis.
Certain Telecommunications and
Video Surveillance Services or
Equipment.
------------------------------------------------------------------------
Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment (FAR Case 2018-017)
This interim rule amends the FAR to implement section 889(a)(1)(A)
of the John S. McCain National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2019 (Pub. L. 115-232). Paragraph (a)(1)(A) of section
889 prohibits agencies from procuring or obtaining, or extending or
renewing a contract to procure or obtain, any equipment, system, or
service that uses covered telecommunication equipment or services as a
substantial or essential component of any system, or as a critical
technology as part of any system on or after August 13, 2019, unless an
exception applies or a waiver has been granted. Further prohibitions at
paragraph (a)(1)(B) of section 889 go into effect August 13, 2020, and
will be addressed through separate rulemaking.
To implement paragraph (a)(1)(A) of section 889, this interim rule
provides a new solicitation provision and contract clause. The
provision at FAR 52.204-24 requires offerors to represent whether their
offer includes covered telecommunications equipment or services and if
so, to identify additional details about its use. Representations are
also required for orders on indefinite delivery contracts. The clause
at FAR 52.204-25 prohibits contractors from providing 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 the covered telecommunications equipment or services are covered by
a waiver described in FAR 4.2104. The contractor must also report any
such equipment, systems, 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 Government information
and communication technology systems.
Contracting officers shall modify certain contracts to include the
new FAR clause, as specified in the ``Dates'' section of the preamble
of the interim rule. Contracting officers also shall include the new
FAR provision in solicitations for an order, or notices of intent to
place an order, under those contracts.
Janet M. Fry,
Director, Federal Acquisition Policy Division, Office of Government-
Wide Policy.
Federal Acquisition Circular (FAC) 2019-05 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 2019-05 is
effective August 13, 2019 except for FAR Case 2018-017, which is
effective August 13, 2019.
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. 2019-17200 Filed 8-12-19; 8:45 am]
BILLING CODE 6820-EP-P
