Federal Acquisition Regulation; Federal Acquisition Circular 2020-03; Introduction, 68314 [2019-26578]

Download as PDF 68314 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations DEPARTMENT OF DEFENSE and National Aeronautics and Space Administration (NASA). DATES: Summary presentation of an interim rule. FOR FURTHER INFORMATION CONTACT: GENERAL SERVICES ADMINISTRATION ACTION: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SUMMARY: 48 CFR Chapter 1 [Docket No. FAR 2019–0002, Sequence No. 8] Federal Acquisition Regulation; Federal Acquisition Circular 2020–03; Introduction Department of Defense (DoD), General Services Administration (GSA), AGENCY: 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) 2020–03. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the internet at http:// www.regulations.gov. For effective date see the separate document, which follows. Farpolicy@gsa.gov or call 202–969– 4075. Please cite FAC 2020–03, FAR case 2018–017. RULE LISTED IN FAC 2020–03 Subject FAR case Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment ............. 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 2020–03 amends the FAR as follows: jbell on DSKJLSW7X2PROD with RULES2 SUPPLEMENTARY INFORMATION: Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (FAR Case 2018–017) This second interim rule amends the Federal Acquisition Regulation 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). The first interim rule was published August 13, 2019. This rule reduces the information collection burden imposed on the public by making updates to the System for Award Management (SAM) to allow offerors to represent annually whether they offer to the Government equipment, systems, or services that include covered telecommunications equipment or services. The burden to the public is reduced by allowing an offeror that responds ‘‘does not’’ in the new annual representation at 52.204–26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of 52.212–3, Offeror Representations and Certifications— Commercial Items, to skip the offer-byoffer representation within the provision at 52.204–24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. VerDate Sep<11>2014 19:39 Dec 12, 2019 Jkt 250001 The provision at 52.204–26 requires that offerors review SAM prior to completing their required representations. The Government will add to SAM the entities that provide equipment or services listed in the definition of ‘‘covered telecommunications equipment or services’’, with an appropriate notation to identify that the prohibition is limited to certain products and services—the entity itself is not excluded. Offerors shall consult SAM to validate whether the products they are offering are from an entity covered under the definition of ‘‘covered telecommunications equipment or services’’, including any known subsidiaries or affiliates. 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. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Federal Acquisition Circular (FAC) 2020–03 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 2018–017 Analyst Francis. in FAC 2020–03 is effective December 13, 2019. Linda W. Neilson, Director, Defense Acquisition Regulations System, 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. 2019–26578 Filed 12–12–19; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 4 and 52 [FAC 2020–03; FAR Case 2018–017; Docket No. FAR–2018–0017, Sequence No. 2] 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\13DER2.SGM 13DER2

Agencies

[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Page 68314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26578]



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Vol. 84

Friday,

No. 240

December 13, 2019

Part II





Department of Defense





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Chapter 1





Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 84 , No. 240 / Friday, December 13, 2019 / 
Rules and Regulations

[[Page 68314]]


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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. 8]


Federal Acquisition Regulation; Federal Acquisition Circular 
2020-03; Introduction

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of an interim rule.

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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) 2020-03. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC. The FAC, including 
the SECG, is available via the internet at http://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 2020-03, FAR case 2018-017.

                       Rule Listed in FAC 2020-03
------------------------------------------------------------------------
               Subject                   FAR case           Analyst
------------------------------------------------------------------------
Prohibition on Contracting for              2018-017  Francis.
 Certain Telecommunications and
 Video Surveillance Services or
 Equipment.
------------------------------------------------------------------------


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 2020-03 amends the FAR as follows:

Prohibition on Contracting for Certain Telecommunications and Video 
Surveillance Services or Equipment (FAR Case 2018-017)

    This second interim rule amends the Federal Acquisition Regulation 
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). The first interim rule was published August 13, 2019.
    This rule reduces the information collection burden imposed on the 
public by making updates to the System for Award Management (SAM) to 
allow offerors to represent annually whether they offer to the 
Government equipment, systems, or services that include covered 
telecommunications equipment or services. The burden to the public is 
reduced by allowing an offeror that responds ``does not'' in the new 
annual representation at 52.204-26, Covered Telecommunications 
Equipment or Services--Representation, or in paragraph (v) of 52.212-3, 
Offeror Representations and Certifications--Commercial Items, to skip 
the offer-by-offer representation within the provision at 52.204-24, 
Representation Regarding Certain Telecommunications and Video 
Surveillance Services or Equipment.
    The provision at 52.204-26 requires that offerors review SAM prior 
to completing their required representations. The Government will add 
to SAM the entities that provide equipment or services listed in the 
definition of ``covered telecommunications equipment or services'', 
with an appropriate notation to identify that the prohibition is 
limited to certain products and services--the entity itself is not 
excluded.
    Offerors shall consult SAM to validate whether the products they 
are offering are from an entity covered under the definition of 
``covered telecommunications equipment or services'', including any 
known subsidiaries or affiliates.
    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.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2020-03 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 2020-03 is 
effective December 13, 2019.

Linda W. Neilson,

Director, Defense Acquisition Regulations System, 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. 2019-26578 Filed 12-12-19; 8:45 am]
BILLING CODE 6820-EP-P