83 FR 28140 - Federal Acquisition Regulation: Federal Acquisition Circular 2005-99; Introduction

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 83, Issue 116 (June 15, 2018)

This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-99. 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.

[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Rules and Regulations]
[Page 28140]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12845]



[[Page 28139]]

Vol. 83

Friday,

No. 116

June 15, 2018

Part III





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48 CFR Chapter 1





 Federal Acquisition Regulations; Interim Rules

Federal Register / Vol. 83 , No. 116 / Friday, June 15, 2018 / Rules 
and Regulations

[[Page 28140]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2018-0001, Sequence No. 3]


Federal Acquisition Regulation: Federal Acquisition Circular 
2005-99; Introduction

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

ACTION: Summary presentation of interim rules.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2005-99. 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 dates see the separate documents, which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below in relation to the FAR case. Please cite FAC 2005-99 and 
the specific FAR case number. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755.

                       Rules Listed in FAC 2005-99
------------------------------------------------------------------------
         Item                 Subject          FAR case       Analyst
------------------------------------------------------------------------
I....................  Use of Products and      2018-010  Francis.
                        Services of
                        Kaspersky Lab
                        (Interim).
II...................  Violations of Arms       2017-018  Davis.
                        Control Treaties or
                        Agreements with the
                        United States
                        (Interim).
------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these rules, refer to the 
specific item numbers and subjects set forth in the documents following 
these item summaries. FAC 2005-99 amends the FAR as follows:

Item I--Use of Products and Services of Kaspersky Lab (FAR Case 2018-
010)

    This interim rule amends the Federal Acquisition Regulation (FAR) 
to implement section 1634 of Division A of the National Defense 
Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91). 
Section 1634 of this law prohibits the Federal Government's use on or 
after October 1, 2018, of hardware, software, and services developed or 
provided, in whole or in part, by Kaspersky Lab or related entities.
    To implement section 1634, the clause at 52.204-23 prohibits 
contractors from providing any hardware, software, or services 
developed or provided by Kaspersky Lab or its related entities, or 
using any such hardware, software, or services in the development of 
data or deliverables first produced in the performance of the contract. 
The contractor must also report any such hardware, software, 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 information systems.

Item II--Violations of Arms Control Treaties or Agreements With the 
United States (FAR Case 2017-018)

    This interim rule amends the Federal Acquisition Regulation (FAR) 
to implement section 1290 of the National Defense Authorization Act for 
Fiscal Year 2017 (Pub. L. 114-328, codified at 22 U.S.C. 2593e), which 
addresses measures against persons involved in activities that violate 
arms control treaties or agreements with the United States. The interim 
rule adds a certification provision in each solicitation for the 
acquisition of products or services (including construction) that 
exceeds the simplified acquisition threshold, except for solicitations 
for the acquisition of commercial items.
    This interim rule will not have a significant economic impact on a 
substantial number of small entities.

    Dated: June 7, 2018.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2005-99 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and 
Space Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-99 is 
effective June 15, 2018 except for item I, which is effective July 
16, 2018.

    Dated: June 11, 2018.
Linda W. Neilson,
Deputy Director, Defense Procurement and Acquisition Policy (Defense 
Acquisition Regulations System).

    Dated: June 8, 2018.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, 
U.S. General Services Administration.

    Dated: June 11, 2018.
Monica Y. Manning,
Assistant Administrator, Office of Procurement National Aeronautics and 
Space Administration.
[FR Doc. 2018-12845 Filed 6-14-18; 8:45 am]
 BILLING CODE 6820-EP-P