Defense Federal Acquisition Regulation Supplement: Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment, 7735-7737 [2020-02727]

Agencies

• Defense Acquisition Regulations System
• DEPARTMENT OF DEFENSE

[Federal Register Volume 85, Number 28 (Tuesday, February 11, 2020)]
[Notices]
[Pages 7735-7737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02727]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket DARS-2020-0008]


Defense Federal Acquisition Regulation Supplement: Prohibition on 
Certain Telecommunications and Video Surveillance Services or Equipment

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Announcement of public meeting.

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SUMMARY: DoD is hosting a public meeting to facilitate implementation 
planning by obtaining the views of DoD industry partners, associations, 
and interested parties regarding implementation of the prohibition in 
section 889(a)(1)(B) of the National Defense Authorization Act for 
Fiscal Year 2019 on contracting with an entity that uses certain 
telecommunications and video surveillance services and equipment.

DATES: 
    Public Meeting Date: The public meeting will be held on March 2, 
2020, from 1:00 to 5:00 Eastern time. The public meeting will end at 
the stated time, or when the discussion ends, whichever comes first.
    Registration Date: Registration to attend the public meeting must 
be received no later than close of business on February 25, 2020. 
Information on how to register for the public meeting

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may be found in the SUPPLEMENTARY INFORMATION section of this notice.

ADDRESSES: The public meeting will be held in the Pentagon Library and 
Conference Center (PLCC), Conference Room B6, 1155 Defense Pentagon, 
Washington, DC 20301. Conference Room B6 is located on the lower level 
of the PLCC.

FOR FURTHER INFORMATION CONTACT: Ms. Heather Kitchens, telephone 571-
372-6104.

SUPPLEMENTARY INFORMATION:

I. Background

A. Section 889(a)(1)(B)

    DoD is hosting a public meeting to facilitate the Department's 
planning for the pending implementation of section 889(a)(1)(B) of the 
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 
(Pub. L. 115-232). The Department is focused on achieving an efficient 
implementation of the prohibition in section 889(a)(1)(B). To achieve 
this goal, DoD is seeking the views of DoD industry partners and 
associations regarding how industry will implement this prohibition, 
including what, if any, impacts there will be to DoD business.
    Section 889(a)(1)(B) prohibits Executive agencies, including DoD, 
from entering into a contract (or extending or renewing a contract) 
with an entity that uses 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. Covered telecommunications equipment means any of the 
following:
     Telecommunications equipment produced by Huawei 
Technologies Company or ZTE Corporation (or any subsidiary or affiliate 
of such entities).
     For the purpose of public safety, security of Government 
facilities, physical security surveillance of critical infrastructure, 
and other national security purposes, video surveillance and 
telecommunications equipment produced by Hytera Communications 
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua 
Technology Company (or any subsidiary or affiliate of such entities).
     Telecommunications or video surveillance services provided 
by such entities or using such equipment.
     Telecommunications or video surveillance equipment or 
services produced or provided by an entity that the Secretary of 
Defense, in consultation with the Director of the National Intelligence 
or the Director of the Federal Bureau of Investigation, reasonably 
believes to be an entity owned or controlled by, or otherwise connected 
to, the government of the People's Republic of China.
    On July 19, 2019, DoD, the General Services Administration, and the 
National Space and Aeronautics Administration hosted a public meeting 
to obtain views of experts and interested parties regarding 
implementation in the Federal Acquisition Regulation (FAR) of section 
889 of the NDAA for FY 2019, with specific focus on the implementation 
of paragraph (a)(1)(B). Unlike the July public meeting, the intent of 
this public meeting is to facilitate DoD's implementation by focusing 
on DoD industry partner plans for implementation. DoD is seeking 
information on the following:
     What key barriers do you see to industry implementation of 
this prohibition, and how might they be overcome?
     How long will it take companies to cease use of covered 
equipment or services?
     What impact will implementation of this requirement have 
on your supply chains and your ability to contract with DoD?
     What distinct impacts will implementation of this 
requirement have on small business?

B. Section 889(a)(1)(A)

    This public meeting is not related to the implementation of the 
prohibition in section 889(a)(1)(A) of the NDAA for FY 2019. Section 
889(a)(1)(A) prohibits executive agencies, including DoD, from 
procuring or obtaining, or extending or renewing a contract to procure 
or obtain, 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.
    DoD participated with the FAR Council in implementing in the FAR 
the prohibition in section 889(a)(1)(A) via the interim rule published 
in the Federal Register at 84 FR 40216 on August 13, 2019 (reference 
FAR Case 2018-017).
    DoD issued DoD procedures for implementing the FAR rule that 
implemented section 889(a)(1)(A) (see https://www.acq.osd.mil/dpap/policy/policyvault/USA001866-19-DPC.pdf).
    The FAR Council published a second interim rule in the Federal 
Register at 84 FR 68314 on December 13, 2019 (reference FAR Case 2018-
017), to alleviate some of the reporting burden associated with the 
first interim rule.

II. Public Meeting

    Registration: To ensure adequate room accommodations and to 
facilitate security screening and entry to the PLCC, individuals 
wishing to attend the public meeting must register by close of business 
on the date listed in the DATES section of this notice, by sending the 
following information via email to [email protected]:
    (1) Full name.
    (2) Valid email address.
    (3) Valid telephone number.
    (4) Company or organization name.
    (5) Whether the individual is a U.S. citizen.
    (6) The date(s) of the public meeting(s) the individual wishes to 
attend.
    (7) Whether the individual intends to make a presentation, and, if 
so, the individual's title.
    Building Entry: Upon receipt of an email requesting registration, 
the Defense Acquisition Regulations System will provide notification to 
the Pentagon Force Protection Agency (PFPA) that the individual is 
requesting approval for entry to the PLCC on the date(s) provided. PFPA 
will send additional instructions to the email address provided in the 
request for registration. The registrant must follow the instructions 
in the PFPA email in order to be approved for entry to the PLCC.
    One valid government-issued photo identification card (i.e., 
driver's license or passport) will be required in order to enter the 
building.
    Attendees are encouraged to arrive at least 30 minutes prior to the 
start of the meeting to accommodate security procedures.
    Public parking is not available at the PLCC.
    Presentations: If you wish to make a presentation, please submit an 
electronic copy of your presentation to [email protected] no later 
than the registration date listed in the DATES section of this notice. 
Each presentation should be in PowerPoint to facilitate projection 
during the public meeting and should include the presenter's name, 
organization affiliation, telephone number, and email address on the 
cover page. Please submit presentations only and cite ``Public Meeting, 
Section 889(a)(1)(B)'' in all correspondence related to the public 
meeting. There will be no transcription at the meeting. The submitted 
presentations will be the only record of the public meeting and will be 
posted to the following website at the conclusion of the public 
meeting: https://www.acq.osd.mil/dpap/dars/Section889.html.
    Special accommodations: The public meeting is physically accessible 
to

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persons with disabilities. Requests for reasonable accommodations, sign 
language interpretation, or other auxiliary aids should be directed to 
Valencia Johnson, telephone 571-372-6099, by no later than the 
registration date listed in the DATES section of this notice.
    The TTY number for further information is: 1-800-877-8339. When the 
operator answers the call, let him or her know the agency is the 
Department of Defense and the point of contact is Valencia Johnson at 
571-372-6099.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
[FR Doc. 2020-02727 Filed 2-10-20; 8:45 am]
BILLING CODE 5001-06-P