Federal Acquisition Regulation; Federal Acquisition Circular 2020-09; Small Entity Compliance Guide, 53134-53135 [2020-18773]
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53134
Federal Register / Vol. 85, No. 167 / Thursday, August 27, 2020 / Rules and Regulations
52.204–24 Representation Regarding
Certain Telecommunications and Video
Surveillance Services or Equipment.
*
*
*
*
*
Representation Regarding Certain
Telecommunications and Video
Surveillance Services or Equipment
(Oct 2020)
The Offeror shall not complete the
representation at paragraph (d)(1) of 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 paragraph (c)(1) in the
provision at 52.204–26, Covered
Telecommunications Equipment or
Services—Representation, or in
paragraph (v)(2)(i) of the provision at
52.212–3, Offeror Representations and
Certifications–Commercial Items. The
Offeror shall not complete the
representation in paragraph (d)(2) of this
provision if the Offeror has represented
that it ‘‘does not use covered
telecommunications equipment or
services, or any equipment, system, or
service that uses covered
telecommunications equipment or
services’’ in paragraph (c)(2) of the
provision at 52.204–26, or in paragraph
(v)(2)(ii) of the provision at 52.212–3.
*
*
*
*
*
■ 5. Amend section 52.204–26 by—
■ a. Revising the date of the provision;
■ b. In paragraph (a), removing ‘‘has’’
and adding ‘‘and ‘‘reasonable inquiry’’
have’’ in its place; and
■ c. Revising paragraph (c).
The revisions read as follows:
52.204–26 Covered Telecommunications
Equipment or Services—Representation.
*
*
*
*
*
Covered Telecommunications
Equipment or Services—Representation
(OCT 2020)
*
*
*
*
*
(c) Representations. (1) 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.
(2) After conducting a reasonable
inquiry for purposes of this
representation, the offeror represents
that it [ ] does, [ ] does not use covered
telecommunications equipment or
services, or any equipment, system, or
service that uses covered
telecommunications equipment or
services.
*
*
*
*
*
■ 6. Amend section 52.212–3 by—
■ a. Revising the date of the provision;
■ b. In paragraph (a) adding the
definition ‘‘Reasonable inquiry’’ in
alphabetical order;
■ c. Removing from paragraph (v)
introductory text ‘‘of Public’’ and
adding ‘‘and section 889 (a)(1)(B) of
Public’’ in its place; and
■ d. Revising paragraph (v)(2).
The revisions and addition read as
follows:
52.212–3 Offeror Representations and
Certifications—Commercial Items.
*
*
*
*
*
Offeror Representations and
Certifications—Commercial Items (Oct
2020)
*
*
*
*
*
(a) * * *
Reasonable inquiry has the meaning
provided in the clause 52.204–25,
Prohibition on Contracting for Certain
Telecommunications and Video
Surveillance Services or Equipment.
*
*
*
*
*
(v) * * *
(2) The Offeror represents that—
(i) 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.
(ii) After conducting a reasonable
inquiry for purposes of this
representation, that it [ ] does, [ ] does
not use covered telecommunications
equipment or services, or any
equipment, system, or service that uses
covered telecommunications equipment
or services.
*
*
*
*
*
[FR Doc. 2020–18772 Filed 8–26–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2020–0051, Sequence No.
5]
Federal Acquisition Regulation;
Federal Acquisition Circular 2020–09;
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,
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)
2020–09, 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 2020–09, which
precedes this document. These
documents are also available via the
internet at https://www.regulations.gov.
DATES: August 27, 2020.
FOR FURTHER INFORMATION CONTACT:
Farpolicy@gsa.gov or call 202–969–
4075. Please cite FAC 2020–09, FAR
case 2019–009.
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES3
RULE LISTED IN FAC 2020–09
Subject
FAR case
* Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment .......
2019–009
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E:\FR\FM\27AUR3.SGM
27AUR3
Federal Register / Vol. 85, No. 167 / Thursday, August 27, 2020 / Rules and Regulations
The FAC, including the
SECG, is available via the internet at
https://www.regulations.gov.
ADDRESSES:
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 summary. FAC
2020–09 amends the FAR as follows:
SUPPLEMENTARY INFORMATION:
Prohibition on Contracting With
Entities Using Certain
Telecommunications and Video
Surveillance Services or Equipment
(FAR Case 2019–009)
khammond on DSKJM1Z7X2PROD with RULES3
This second interim rule amends the
Federal Acquisition Regulation to
implement section 889(a)(1)(B) of the
John S. McCain National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2019 (Pub. L. 115–232). The
VerDate Sep<11>2014
20:17 Aug 26, 2020
Jkt 250001
first interim rule was published July 14,
2020.
This rule reduces the information
collection burden imposed on the
public by making updates to the System
for Award Management (SAM) to allow
an offeror to represent annually, after
conducting a reasonable inquiry,
whether it uses covered
telecommunications equipment or
services, or any equipment, system, or
service that uses covered
telecommunications equipment or
services. The burden to the public is
reduced by allowing an offeror that
responds ‘‘does not’’ in the annual
representation at 52.204–26, Covered
Telecommunications Equipment or
Services—Representation, or in
paragraph (v)(2)(ii) of 52.212–3, Offeror
Representations and Certifications—
Commercial Items, to skip the offer-by-
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53135
offer representation for paragraph (d)(2)
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.
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. 2020–18773 Filed 8–26–20; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\27AUR3.SGM
27AUR3
]]>Agencies
[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Rules and Regulations]
[Pages 53134-53135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18773]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2020-0051, Sequence No. 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2020-09; 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) 2020-09, 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 2020-09, which precedes this document.
These documents are also available via the internet at https://www.regulations.gov.
DATES: August 27, 2020.
FOR FURTHER INFORMATION CONTACT: [email protected] or call 202-969-
4075. Please cite FAC 2020-09, FAR case 2019-009.
Rule Listed in FAC 2020-09
------------------------------------------------------------------------
Subject FAR case
------------------------------------------------------------------------
* Prohibition on Contracting with Entities Using 2019-009
Certain Telecommunications and Video Surveillance
Services or Equipment.................................
------------------------------------------------------------------------
[[Page 53135]]
ADDRESSES: The FAC, including the SECG, is available via the internet
at https://www.regulations.gov.
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 summary. FAC
2020-09 amends the FAR as follows:
Prohibition on Contracting With Entities Using Certain
Telecommunications and Video Surveillance Services or Equipment (FAR
Case 2019-009)
This second interim rule amends the Federal Acquisition Regulation
to implement section 889(a)(1)(B) 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 July 14, 2020.
This rule reduces the information collection burden imposed on the
public by making updates to the System for Award Management (SAM) to
allow an offeror to represent annually, after conducting a reasonable
inquiry, whether it uses covered telecommunications equipment or
services, or any equipment, system, or service that uses covered
telecommunications equipment or services. The burden to the public is
reduced by allowing an offeror that responds ``does not'' in the annual
representation at 52.204-26, Covered Telecommunications Equipment or
Services--Representation, or in paragraph (v)(2)(ii) of 52.212-3,
Offeror Representations and Certifications--Commercial Items, to skip
the offer-by-offer representation for paragraph (d)(2) 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.
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. 2020-18773 Filed 8-26-20; 8:45 am]
BILLING CODE 6820-EP-P
