Federal Acquisition Regulation; Federal Acquisition Circular 2019-05; Small Entity Compliance Guide, 40223-40224 [2019-17202]

Download as PDF 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 http://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 Jkt 247001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\13AUR3.SGM 13AUR3 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]


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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; 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 http://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.
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[[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