83 FR 28149 - Federal Acquisition Regulation: Federal Acquisition Circular 2005-99; Small Entity Compliance Guide

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

This document is issued under the joint authority of DoD, GSA, and NASA. This Small Entity Compliance Guide has been prepared consistent with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2005-99, 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 these rules by referring to FAC 2005-99, which precedes this document. These documents are also available via the internet at http://www.regulations.gov.

[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Rules and Regulations]
[Pages 28149-28150]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12849]


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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; 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.

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SUMMARY: This document is issued under the joint authority of DoD, GSA, 
and NASA. This Small Entity Compliance Guide has been prepared 
consistent with section 212 of the Small Business Regulatory 
Enforcement Fairness Act of 1996. It consists of a summary of the rules 
appearing in Federal Acquisition Circular (FAC) 2005-99, which amends 
the Federal

[[Page 28150]]

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 these rules by 
referring to FAC 2005-99, which precedes this document. These documents 
are also available via the internet at http://www.regulations.gov.

DATES: June 15, 2018.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-99 and the 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       2018-010  Francis.
                          and Services of
                          Kaspersky Lab
                          (Interim).
* II...................  Violations of         2017-018  Davis.
                          Arms 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.
[FR Doc. 2018-12849 Filed 6-14-18; 8:45 am]
 BILLING CODE 6820-EP-P