Federal Acquisition Regulation; Federal Acquisition Circular 2020-03; Small Entity Compliance Guide, 68319-68320 [2019-26580]
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Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
6. Amend section 52.204–8 by—
a. Revising the date of the provision;
b. Redesignating paragraphs (c)(1)(vi)
through (xxiv) as paragraphs (c)(1)(vii)
through (xxv); and
■ c. Adding a new paragraph (c)(1)(vi).
The revision and addition reads as
follows:
■
■
■
52.204–8 Annual Representations and
Certifications.
*
*
*
*
*
Annual Representations and
Certifications (Dec 2019)
*
*
*
*
*
(c)(1) * * *
(vi) 52.204–26, Covered
Telecommunications Equipment or
Services—Representation. This
provision applies to all solicitations.
*
*
*
*
*
■ 7. Amend section 52.204–24 by—
■ a. Revising the date of the provision;
■ b. Adding an undesignated paragraph
before paragraph (a);
■ c. Removing from paragraph (a)
‘‘Critical technology’’, and ‘‘Substantial
or’’ and adding ‘‘, ‘‘critical technology’’,
and ‘‘substantial or’’ in its place;
■ d. Redesignating paragraphs (c) and
(d) as paragraphs (d) and (e), and adding
a new paragraph (c);
■ e. Revising the newly redesignated
paragraph (d); and
■ f. Revising the introductory text of the
newly redesignated paragraph (e), and
removing from paragraph (e)(1) ‘‘All’’
and adding ‘‘A description of all’’ in its
place;
The revisions and additions read as
follows:
52.204–24 Representation Regarding
Certain Telecommunications and Video
Surveillance Services or Equipment.
*
*
*
*
*
jbell on DSKJLSW7X2PROD with RULES2
Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
(Dec 2019)
The Offeror shall not complete the
representation in this provision if the
Offeror has represented that it ‘‘does not
provide covered telecommunications
equipment or services as a part of its
offered products or services to the
Government in the performance of any
contract, subcontract, or other
contractual instrument’’ in the provision
at 52.204–26, Covered
Telecommunications Equipment or
Services—Representation, or in
paragraph (v) of the provision at 52.212–
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19:39 Dec 12, 2019
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3, Offeror Representations and
Certifications—Commercial Items.
*
*
*
*
*
(c) Procedures. The Offeror shall
review the list of excluded parties in the
System for Award Management (SAM)
(https://www.sam.gov) for entities
excluded from receiving federal awards
for ‘‘covered telecommunications
equipment or services’’.
(d) Representation. The Offeror
represents that it [ ] will, [ ] will not
provide covered telecommunications
equipment or services to the
Government in the performance of any
contract, subcontract or other
contractual instrument resulting from
this solicitation.
(e) Disclosures. If the Offeror has
represented in paragraph (d) of this
provision that it ‘‘will’’ provide covered
telecommunications equipment or
services’’, the Offeror shall provide the
following information as part of the
offer—
*
*
*
*
*
■ 8. Add section 52.204–26 to read as
follows:
52.204–26 Covered Telecommunications
Equipment or Services—Representation.
As prescribed in 4.2105(c), insert the
following provision:
Covered Telecommunications
Equipment or Services—Representation
(Dec 2019)
(a) Definitions. As used in this provision,
‘‘covered telecommunications equipment or
services’’ has the meaning provided in the
clause 52.204–25, Prohibition on Contracting
for Certain Telecommunications and Video
Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review
the list of excluded parties in the System for
Award Management (SAM) (https://
www.sam.gov) for entities excluded from
receiving federal awards for ‘‘covered
telecommunications equipment or services’’.
(c) Representation. The Offeror represents
that it [ ] does, [ ] does not provide
covered telecommunications equipment or
services as a part of its offered products or
services to the Government in the
performance of any contract, subcontract, or
other contractual instrument.
9. Amend section 52.212–3 by—
a. Revising the date of the provision;
b. Removing from the introductory
paragraph ‘‘paragraphs (c) through (u))’’
and adding ‘‘paragraphs (c) through
(v))’’ in its place;
■ c. In paragraph (a), adding in
alphabetical order the definition
‘‘Covered telecommunications
equipment or services’’;
■ d. Removing from paragraph (b)(2), in
the first undesignated paragraph ‘‘(c)
■
■
■
Frm 00007
Fmt 4701
through (u))’’ and adding ‘‘(c) through
(v))’’ in its place; and
■ e. Adding paragraph (v).
The revision and additions read as
follows:
52.212–3 Offeror Representations and
Certifications—Commercial Items.
*
*
*
*
*
Offeror Representations and
Certifications—Commercial Items (Dec
2019)
(a) * * *
Covered telecommunications
equipment or services has the meaning
provided in the clause 52.204–25,
Prohibition on Contracting for Certain
Telecommunications and Video
Surveillance Services or Equipment.
*
*
*
*
*
(v) Covered Telecommunications
Equipment or Services—Representation.
Section 889(a)(1)(A) of Public Law 115–
232.
(1) The Offeror shall review the list of
excluded parties in the System for
Award Management (SAM) (https://
www.sam.gov) for entities excluded
from receiving federal awards for
‘‘covered telecommunications
equipment or services’’.
(2) The Offeror represents that it [ ]
does, [ ] does not provide covered
telecommunications equipment or
services as a part of its offered products
or services to the Government in the
performance of any contract,
subcontract, or other contractual
instrument.
*
*
*
*
*
[FR Doc. 2019–26579 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 Chapter 1
[Docket No. FAR 2019–0002, Sequence No.
8]
(End of provision)
PO 00000
68319
Sfmt 4700
Federal Acquisition Regulation;
Federal Acquisition Circular 2020–03;
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,
SUMMARY:
E:\FR\FM\13DER2.SGM
13DER2
68320
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
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)
2020–03, 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 2020–03, which
precedes this document. These
documents are also available via the
internet at https://www.regulations.gov.
DATES:
December 13, 2019.
FOR FURTHER INFORMATION CONTACT:
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:
SUPPLEMENTARY INFORMATION:
Prohibition on Contracting for Certain
Telecommunications and Video
Surveillance Services or Equipment
(FAR Case 2018–017)
jbell on DSKJLSW7X2PROD with RULES2
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
VerDate Sep<11>2014
19:39 Dec 12, 2019
Jkt 250001
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.
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
PO 00000
Frm 00008
Fmt 4701
Sfmt 9990
2018–017
Analyst
Francis.
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.
[FR Doc. 2019–26580 Filed 12–12–19; 8:45 am]
BILLING CODE 6820–EP–P
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13DER2
]]>Agencies
[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68319-68320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26580]
-----------------------------------------------------------------------
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; 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,
[[Page 68320]]
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) 2020-03, 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 2020-03, which precedes this document.
These documents are also available via the internet at https://www.regulations.gov.
DATES: December 13, 2019.
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.
[FR Doc. 2019-26580 Filed 12-12-19; 8:45 am]
BILLING CODE 6820-EP-P
