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)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 83, Issue 116 (June 15, 2018)
| Page Range | 28140-28140 | |
| FR Document | 2018-12845 |
[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 Department of Homeland Security ----------------------------------------------------------------------- Department of Defense ----------------------------------------------------------------------- General Services Administration ----------------------------------------------------------------------- National Aeronautics and Space Administration ----------------------------------------------------------------------- 48 CFR Chapter 1 Federal Acquisition Regulations; Interim Rules Federal Register / Vol. 83 , No. 116 / Friday, June 15, 2018 / Rules and Regulations [[Page 28140]] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![28140 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations
DEPARTMENT OF DEFENSE and National Aeronautics and Space DATES: For effective dates see the
Administration (NASA). separate documents, which follow.
GENERAL SERVICES
ADMINISTRATION ACTION: Summary presentation of FOR FURTHER INFORMATION CONTACT: The
interim rules. analyst whose name appears in the table
NATIONAL AERONAUTICS AND below in relation to the FAR case.
SPACE ADMINISTRATION SUMMARY: This document summarizes Please cite FAC 2005–99 and the
the Federal Acquisition Regulation specific FAR case number. For
48 CFR Chapter 1 (FAR) rules agreed to by the Civilian information pertaining to status or
Agency Acquisition Council and the publication schedules, contact the
[Docket No. FAR 2018–0001, Sequence Defense Acquisition Regulations Regulatory Secretariat Division at 202–
No. 3] Council (Councils) in this Federal 501–4755.
Acquisition Circular (FAC) 2005–99. A
Federal Acquisition Regulation:
Federal Acquisition Circular 2005–99; companion document, the Small Entity
Introduction Compliance Guide (SECG), follows this
FAC. The FAC, including the SECG, is
AGENCY: Department of Defense (DoD), available via the internet at http://
General Services Administration (GSA), www.regulations.gov.
RULES LISTED IN FAC 2005–99
Item Subject FAR case Analyst
I ......................... Use of Products and Services of Kaspersky Lab (Interim) .................................................................. 2018–010 Francis.
II ........................ Violations of Arms Control Treaties or Agreements with the United States (Interim) ......................... 2017–018 Davis.
SUPPLEMENTARY INFORMATION: economic impact on a substantial Unless otherwise specified, all Federal
Summaries for each FAR rule follow. number of small entities. Acquisition Regulation (FAR) and other
For the actual revisions and/or This interim rule is being directive material contained in FAC 2005–99
amendments made by these rules, refer is effective June 15, 2018 except for item I,
implemented as a national security
to the specific item numbers and which is effective July 16, 2018.
measure to protect Government
subjects set forth in the documents information and information systems. Dated: June 11, 2018.
following these item summaries. FAC Linda W. Neilson,
2005–99 amends the FAR as follows: Item II—Violations of Arms Control
Treaties or Agreements With the United Deputy Director, Defense Procurement and
Item I—Use of Products and Services of Acquisition Policy (Defense Acquisition
States (FAR Case 2017–018)
Kaspersky Lab (FAR Case 2018–010) Regulations System).
This interim rule amends the Federal This interim rule amends the Federal Dated: June 8, 2018.
Acquisition Regulation (FAR) to Acquisition Regulation (FAR) to Jeffrey A. Koses,
implement section 1634 of Division A of implement section 1290 of the National
Senior Procurement Executive/Deputy CAO,
the National Defense Authorization Act Defense Authorization Act for Fiscal
Office of Acquisition Policy, U.S. General
(NDAA) for Fiscal Year (FY) 2018 (Pub. Year 2017 (Pub. L. 114–328, codified at Services Administration.
L. 115–91). Section 1634 of this law 22 U.S.C. 2593e), which addresses
measures against persons involved in Dated: June 11, 2018.
prohibits the Federal Government’s use
on or after October 1, 2018, of hardware, activities that violate arms control Monica Y. Manning,
software, and services developed or treaties or agreements with the United Assistant Administrator, Office of
provided, in whole or in part, by States. The interim rule adds a Procurement National Aeronautics and Space
Kaspersky Lab or related entities. certification provision in each Administration.
To implement section 1634, the solicitation for the acquisition of [FR Doc. 2018–12845 Filed 6–14–18; 8:45 am]
clause at 52.204–23 prohibits products or services (including BILLING CODE 6820–EP–P
contractors from providing any construction) that exceeds the
hardware, software, or services simplified acquisition threshold, except
developed or provided by Kaspersky for solicitations for the acquisition of
Lab or its related entities, or using any commercial items.
such hardware, software, or services in This interim rule will not have a
the development of data or deliverables significant economic impact on a
first produced in the performance of the substantial number of small entities.
contract. The contractor must also Dated: June 7, 2018.
report any such hardware, software, or William F. Clark,
services discovered during contract Director, Office of Government-wide
performance; this requirement flows
sradovich on DSK3GMQ082PROD with RULES2
Acquisition Policy, Office of Acquisition
down to subcontractors. Policy, Office of Government-wide Policy.
This rule applies to all acquisitions,
Federal Acquisition Circular (FAC) 2005–
including acquisitions at or below the 99 is issued under the authority of the
simplified acquisition threshold and to Secretary of Defense, the Administrator of
acquisitions of commercial items, General Services, and the Administrator for
including commercially available off- the National Aeronautics and Space
the-shelf items. It may have a significant Administration.
VerDate Sep<11>2014 18:39 Jun 14, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 9990 E:\FR\FM\15JNR2.SGM 15JNR2](https://thefederalregister.org/doc/83_FR_28256/page/1.svg)
Document Created: 2018-11-02 12:01:06
Document Modified: 2018-11-02 12:01:06
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Summary presentation of interim rules. | |
| Dates | For effective dates see the separate documents, which follow. | |
| 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. | |
| FR Citation | 83 FR 28140 |
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