Federal Acquisition Regulation; Federal Acquisition Circular 2019-05; Small Entity Compliance Guide, 40223-40224 [2019-17202]
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40223
Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Rules and Regulations
(i) Within one business day from the date
of such identification or notification: The
contract number; the order number(s), if
applicable; supplier name; supplier unique
entity identifier (if known); supplier
Commercial and Government Entity (CAGE)
code (if known); brand; model number
(original equipment manufacturer number,
manufacturer part number, or wholesaler
number); item description; and any readily
available information about mitigation
actions undertaken or recommended.
(ii) Within 10 business days of submitting
the information in paragraph (d)(2)(i) of this
clause: Any further available information
about mitigation actions undertaken or
recommended. In addition, the Contractor
shall describe the efforts it undertook to
prevent use or submission of covered
telecommunications equipment or services,
and any additional efforts that will be
incorporated to prevent future use or
submission of covered telecommunications
equipment or services.
(e) Subcontracts. The Contractor shall
insert the substance of this clause, including
this paragraph (e), in all subcontracts and
other contractual instruments, including
subcontracts for the acquisition of
commercial items.
(End of clause)
■ 8. Amend section 52.212–5 by—
■ a. Revising the date of the clause;
■ b. Redesignating paragraphs (a)(3)
through (a)(5) as paragraphs (a)(4)
through (a)(6) and adding a new
paragraph (a)(3);
■ c. Redesignating paragraphs (e)(1)(iv)
through (e)(1)(xxii) as (e)(1)(v) through
(e)(1)(xxiii), and adding a new
paragraph (e)(1)(iv);
■ d. Revising the date of Alternate II;
and
■ e. In Alternate II, redesignating
paragraphs (e)(1)(ii)(D) through
(e)(1)(ii)(T) as (e)(1)(ii)(E) through
(e)(1)(ii)(U), and adding a new
paragraph (e)(1)(ii)(D).
The revisions and additions read as
follows:
52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
jspears on DSK3GMQ082PROD with RULES3
Contract Terms and Conditions Required To
Implement Statutes or Executive Orders—
Commercial Items (AUG 2019)
(a) * * *
(3) 52.204–25, Prohibition on Contracting
for Certain Telecommunications and Video
Surveillance Services or Equipment. (AUG
2019) (Section 889(a)(1)(A) of Pub. L. 115–
232).
Subcontracts for Commercial Items (AUG
2019)
*
*
*
*
*
*
*
*
*
*
(e)(1) * * *
(iv) 52.204–25, Prohibition on Contracting
for Certain Telecommunications and Video
Surveillance Services or Equipment. (AUG
2019) (Section 889(a)(1)(A) of Pub. L. 115–
232).
(c)(1) * * *
(vi) 52.204–25, Prohibition on Contracting
for Certain Telecommunications and Video
Surveillance Services or Equipment. (AUG
2019) (Section 889(a)(1)(A) of Pub. L. 115–
232).
*
*
*
*
*
*
Alternate II (AUG 2019).
*
*
*
*
*
*
*
*
*
9. Amend section 52.213–4 by—
■ a. Revising the date of the clause;
■ b. Redesignating paragraphs (a)(1)(iii)
through (a)(1)(viii) as (a)(1)(iv) through
(a)(1)(ix), and adding a new paragraph
(a)(1)(iii); and
■ c. In paragraph (a)(2)(viii) removing
‘‘(JAN 2019)’’ and adding ‘‘(AUG 2019)’’
in its place.
The revision and addition read as
follows:
■
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
*
*
*
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial Items)
(AUG 2019)
(a) * * *
(1) * * *
(iii) 52.204–25, Prohibition on Contracting
for Certain Telecommunications and Video
Surveillance Services or Equipment. (AUG
2019) (Section 889(a)(1)(A) of Pub. L. 115–
232).
*
*
*
*
*
10. Amend section 52.244–6 by—
■ a. Revising the date of the clause; and
■ b. Redesignating paragraphs (c)(1)(vi)
through (c)(1)(xix) as (c)(1)(vii) through
(c)(1)(xx), and adding a new paragraph
(c)(1)(vi).
The revision and addition reads as
follows:
■
52.244–6
Items.
*
*
Subcontracts for Commercial
*
*
*
*
*
BILLING CODE 6820–EP–P
(e)(1) * * *
(ii) * * *
(D) 52.204–25, Prohibition on Contracting
for Certain Telecommunications and Video
Surveillance Services or Equipment. (AUG
2019) (Section 889(a)(1)(A) of Pub. L. 115–
232).
*
*
[FR Doc. 2019–17201 Filed 8–12–19; 8:45 am]
*
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;
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:
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)
2019–05, 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 2019–05, which
precedes this document. These
documents are also available via the
internet at https://www.regulations.gov.
DATES: August 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Farpolicy@gsa.gov or call 202–969–
4075. Please cite FAC 2019–05, FAR
Case 2018–017.
RULE LISTED IN FAC 2019–05
Subject
FAR case
*Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment ........
VerDate Sep<11>2014
19:35 Aug 12, 2019
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2018–017
Analyst
Francis.
40224
Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Rules and Regulations
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:
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
VerDate Sep<11>2014
19:35 Aug 12, 2019
Jkt 247001
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.
PO 00000
Frm 00010
Fmt 4701
Sfmt 9990
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.
[FR Doc. 2019–17202 Filed 8–12–19; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\13AUR3.SGM
13AUR3
]]>Agencies
[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Rules and Regulations]
[Pages 40223-40224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17202]
-----------------------------------------------------------------------
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; 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 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) 2019-05, 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 2019-05, which precedes this document.
These documents are also available via the internet at https://www.regulations.gov.
DATES: August 13, 2019.
FOR FURTHER INFORMATION CONTACT: [email protected] or call 202-969-
4075. Please cite FAC 2019-05, FAR Case 2018-017.
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.
------------------------------------------------------------------------
[[Page 40224]]
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:
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.
[FR Doc. 2019-17202 Filed 8-12-19; 8:45 am]
BILLING CODE 6820-EP-P
