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)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 83, Issue 116 (June 15, 2018)
| Page Range | 28149-28150 | |
| FR Document | 2018-12849 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations 28149
■ b. Adding a new paragraph (b)(1) to (ii) No entity owned or controlled by the adherence concerns, the analysis of
read as follows: Offeror has engaged in any activity that compliance or adherence concerns, and
contributed to or was a significant factor in efforts to resolve compliance or adherence
12.503 Applicability of certain laws to the President’s or Secretary of State’s concerns.
Executive agency contracts for the determination that a foreign country is in (4) The Offeror may submit any questions
acquisition of commercial items. violation of its obligations undertaken in any with regard to this report by email to
* * * * * arms control, nonproliferation, or NDAA1290Cert@state.gov. To the extent
(b) * * * disarmament agreement to which the United feasible, the Department of State will respond
States is a party, or is not adhering to its arms to such email inquiries within 3 business
(1) 22 U.S.C. 2593e, Requirement for
control, nonproliferation, or disarmament days.
a certification under Measures Against commitments in which the United States is (d) Do not submit an offer unless—
Persons Involved in Activities that a participating state. The determinations are (1) A certification is provided in paragraph
Violate Arms Control Treaties or described in the most recent unclassified (b)(1) of this provision and submitted with
Agreements with the United States (see annual report provided to Congress pursuant the offer; or
9.109). to section 403 of the Arms Control and (2) In accordance with paragraph (b)(2) of
* * * * * Disarmament Act (22 U.S.C. 2593a). The this provision, the Offeror provides with its
report is available via the internet at https:// offer information that the President of the
PART 13—SIMPLIFIED ACQUISITION www.state.gov/t/avc/rls/rpt/; or United States has—
____ (2) The Offeror is providing separate (i) Waived application under U.S.C.
PROCEDURES information with its offer in accordance with 2593e(d) or (e); or
paragraph (d)(2) of this provision. (ii) Determined under 22 U.S.C. 2593e(g)(2)
■ 7. Amend section 13.005 by adding
(c) Procedures for reviewing the annual that the entity has ceased all activities for
paragraph (a)(11) to read as follows: unclassified report (see paragraph (b)(1) of which measures were imposed under 22
13.005 List of laws inapplicable to this provision). For clarity, references to the U.S.C.2593e(b).
contracts and subcontracts at or below the report in this section refer to the entirety of (e) Remedies. The certification in
simplified acquisition threshold. the annual unclassified report, including any paragraph (b)(1) of this provision is a
separate reports that are incorporated by material representation of fact upon which
(a) * * * reference into the annual unclassified report. reliance was placed when making award. If
(11) 22 U.S.C. 2593e (Measures (1) Check the table of contents of the it is later determined that the Offeror
Against Persons Involved in Activities annual unclassified report and the country knowingly submitted a false certification, in
that Violate Arms Control Treaties or section headings of the reports incorporated addition to other remedies available to the
Agreements with the United States). by reference to identify the foreign countries Government, such as suspension or
(The requirement at 22 U.S.C. listed there. Determine whether the Offeror debarment, the Contracting Officer may
2593e(c)(3)(B) to provide a certification or any person owned or controlled by the terminate any contract resulting from the
does not apply). Offeror may have engaged in any activity false certification.
related to one or more of such foreign
* * * * * countries. (End of provision)
(2) If there may have been such activity, [FR Doc. 2018–12848 Filed 6–14–18; 8:45 am]
PART 52—SOLICITATION PROVISIONS review all findings in the report associated BILLING CODE 6820–EP–P
AND CONTRACT CLAUSES with those foreign countries to determine
whether or not each such foreign country was
■ 8. Add section 52.209–13 to read as determined to be in violation of its
follows: DEPARTMENT OF DEFENSE
obligations undertaken in an arms control,
nonproliferation, or disarmament agreement GENERAL SERVICES
52.209–13 Violation of Arms Control
to which the United States is a party, or to
Treaties or Agreements—Certification.
be not adhering to its arms control,
ADMINISTRATION
As prescribed in 9.109–5, insert the nonproliferation, or disarmament
following provision: commitments in which the United States is NATIONAL AERONAUTICS AND
a participating state. For clarity, in the SPACE ADMINISTRATION
Violation of Arms Control Treaties or annual report an explicit certification of non-
Agreements—Certification (JUN 2018) compliance is equivalent to a determination 48 CFR Chapter 1
(a) This provision does not apply to of violation. However, the following
statements in the annual report are not [Docket No. FAR 2018–0001, Sequence
acquisitions below the simplified acquisition
equivalent to a determination of violation: No. 3]
threshold or to acquisitions of commercial
items as defined at FAR 2.101. (i) An inability to certify compliance.
(b) Certification. [Offeror shall check either (ii) An inability to conclude compliance. Federal Acquisition Regulation:
(1) or (2).] (iii) A statement about compliance Federal Acquisition Circular 2005–99;
____ (1) The Offeror certifies that— concerns. Small Entity Compliance Guide
(i) It does not engage and has not engaged (3) If so, determine whether the Offeror or
in any activity that contributed to or was a any person owned or controlled by the AGENCY: Department of Defense (DoD),
significant factor in the President’s or Offeror has engaged in any activity that General Services Administration (GSA),
Secretary of State’s determination that a contributed to or is a significant factor in the and National Aeronautics and Space
foreign country is in violation of its determination in the report that one or more Administration (NASA).
obligations undertaken in any arms control, of these foreign countries is in violation of its ACTION: Small Entity Compliance Guide.
nonproliferation, or disarmament agreement obligations undertaken in an arms control,
to which the United States is a party, or is nonproliferation, or disarmament agreement SUMMARY: This document is issued
not adhering to its arms control, to which the United States is a party, or is under the joint authority of DoD, GSA,
nonproliferation, or disarmament not adhering to its arms control, and NASA. This Small Entity
sradovich on DSK3GMQ082PROD with RULES2
commitments in which the United States is nonproliferation, or disarmament Compliance Guide has been prepared
a participating state. The determinations are commitments in which the United States is
consistent with section 212 of the Small
described in the most recent unclassified a participating state. Review the narrative for
annual report provided to Congress pursuant any such findings reflecting a determination Business Regulatory Enforcement
to section 403 of the Arms Control and of violation or non-adherence related to those Fairness Act of 1996. It consists of a
Disarmament Act (22 U.S.C. 2593a). The foreign countries in the report, including the summary of the rules appearing in
report is available via the internet at https:// finding itself, and to the extent necessary, the Federal Acquisition Circular (FAC)
www.state.gov/t/avc/rls/rpt/; and conduct giving rise to the compliance or 2005–99, which amends the Federal
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![28150 Federal Register / Vol. 83, No. 116 / Friday, June 15, 2018 / Rules and Regulations
Acquisition Regulation (FAR). An which precedes this document. These analyst whose name appears in the table
asterisk (*) next to a rule indicates that documents are also available via the below. Please cite FAC 2005–99 and the
a regulatory flexibility analysis has been internet at http://www.regulations.gov. FAR case number. For information
prepared. Interested parties may obtain DATES: June 15, 2018. pertaining to status or publication
further information regarding these FOR FURTHER INFORMATION CONTACT: For schedules, contact the Regulatory
rules by referring to FAC 2005–99, clarification of content, contact the Secretariat Division at 202–501–4755.
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: Lab or its related entities, or using any implement section 1290 of the National
Summaries for each FAR rule follow. such hardware, software, or services in Defense Authorization Act for Fiscal
For the actual revisions and/or the development of data or deliverables Year 2017 (Pub. L. 114–328, codified at
amendments made by these rules, refer first produced in the performance of the 22 U.S.C. 2593e), which addresses
to the specific item numbers and contract. The contractor must also measures against persons involved in
subjects set forth in the documents report any such hardware, software, or activities that violate arms control
following these item summaries. FAC services discovered during contract treaties or agreements with the United
2005–99 amends the FAR as follows: performance; this requirement flows States. The interim rule adds a
down to subcontractors. certification provision in each
Item I—Use of Products and Services of
This rule applies to all acquisitions, solicitation for the acquisition of
Kaspersky Lab (FAR Case 2018–010)
including acquisitions at or below the products or services (including
This interim rule amends the Federal simplified acquisition threshold and to construction) that exceeds the
Acquisition Regulation (FAR) to acquisitions of commercial items, simplified acquisition threshold, except
implement section 1634 of Division A of including commercially available off- for solicitations for the acquisition of
the National Defense Authorization Act the-shelf items. It may have a significant commercial items.
(NDAA) for Fiscal Year (FY) 2018 (Pub. economic impact on a substantial This interim rule will not have a
L. 115–91). Section 1634 of this law number of small entities. significant economic impact on a
prohibits the Federal Government’s use This interim rule is being substantial number of small entities.
on or after October 1, 2018, of hardware, implemented as a national security
software, and services developed or measure to protect Government Dated: June 7, 2018.
provided, in whole or in part, by information and information systems. William F. Clark,
Kaspersky Lab or related entities. Director, Office of Government-wide
To implement section 1634, the Item II—Violations of Arms Control Acquisition Policy, Office of Acquisition
clause at 52.204–23 prohibits Treaties or Agreements With the United Policy, Office of Government-wide Policy.
contractors from providing any States (FAR Case 2017–018) [FR Doc. 2018–12849 Filed 6–14–18; 8:45 am]
hardware, software, or services This interim rule amends the Federal BILLING CODE 6820–EP–P
developed or provided by Kaspersky Acquisition Regulation (FAR) to
sradovich on DSK3GMQ082PROD with RULES2
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Document Created: 2018-11-02 12:01:17
Document Modified: 2018-11-02 12:01:17
| 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 | Small Entity Compliance Guide. | |
| Dates | June 15, 2018. | |
| 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. | |
| FR Citation | 83 FR 28149 |
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