[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Proposed Rules]
[Pages 26646-26647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12927]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 12, 39, and 52

[FAR Case 2008-019; Docket 2009-0018; Sequence 1]
RIN: 9000-AL11


Federal Acquisition Regulation; FAR Case 2008-019, Authentic 
Information Technology Products

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

ACTION: Advanced Notice of Proposed Rulemaking; notice of public 
meetings.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are hosting six public 
meetings to continue a dialogue with industry and Government agencies 
about ways to develop greater assurances regarding the authenticity of 
information technology (IT) products acquired by the Government. The 
public meetings will include dialogues on the impact of counterfeit IT 
products on matters of performance and security; contractor liability 
and consequential damages; competitiveness issues associated with 
procuring IT products from the original equipment manufacturer or 
authorized distributor; identifying viable means of authenticating IT 
products; and contractor supply chain risk management requirements as 
an evaluation factor in the procurement of IT products.

DATES: See Supplementary Information section for public meeting dates.

ADDRESSES: See Supplementary Information section for public meeting 
addresses.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement 
Analyst, at (202) 501-3775 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAR case 2008-
019.

SUPPLEMENTARY INFORMATION:

A. Public Meeting Dates

    1. June 23, 2009, 9 a.m. to 3 p.m., EST.
    2. July 15, 2009, 9 a.m. to 3 p.m., EST.
    3. July 22, 2009, 9 a.m. to 3 p.m., EST.
    4. July 29, 2009, 9 a.m. to 3 p.m., EST.
    5. August 5, 2009, 9 a.m. to 3 p.m., EST.
    6. August 12, 2009, 9 a.m. to 3 p.m., EST.

B. Public Meeting Addresses

    1. The meetings for June 23 and July 15 will be conducted at 
General Services Administration (GSA), 1800 F Street, NW, Washington, 
DC 20405, in the GSA Auditorium.
    2. The subsequent meetings, July 22, July 29, August 5, and August 
12 will be conducted at General Services Administration (GSA), 1800 F 
Street, NW, Washington, DC 20405, in Room 5141B.
    Interested parties are encouraged to arrive at least 30 minutes 
early to accommodate security procedures.
    If you wish to make a presentation on any of the topics, please 
contact and

[[Page 26647]]

submit a copy of your presentation 5 days prior to the meeting date, to 
General Services Administration, Contract Policy Division (VPC), 1800 F 
Street, NW, Room 4040, Attn: Ernest Woodson, Washington, DC 20405. 
Telephone: (202) 501-3775.
    Submit electronic materials via e-mail to [email protected]. 
Please submit presentations only and cite Public Meeting Authentic IT 
Products Continued Dialogue, in all correspondence related to the 
public meetings. The submitted presentations will be the only record of 
the public meeting. After the July 15, 2009 meeting, all subsequent 
meetings are subject to be cancelled. For that reason, all interested 
parties should contact Ernest Woodson after July 15, 2009, to verify 
that subsequent meetings are being held.
    Special Accommodations: The public meetings are physically 
accessible to people with disabilities. Request for sign language 
interpretation or other auxiliary aids should be directed to Ernest 
Woodson at (202) 501-3775, at least 5-working days prior to the meeting 
date.

C. Background

    On December 11, 2008, the Councils conducted a public meeting, (see 
Federal Register notice at 73 FR 68373 on November 18, 2008) to seek 
comments from both Government and industry, on among other things, 
whether the Federal Acquisition Regulation (FAR) should be revised to 
include a requirement that contractors selling information technology 
(IT) products (including computer hardware and software) represent that 
such products are authentic. The Councils were interested in comments 
regarding contractor liability if IT products sold to the Government by 
contractor are not authentic, and whether contractors who are resellers 
or distributors of computer hardware and software should represent to 
the Government that they are authorized by the original equipment 
manufacturer (OEM) to sell the IT products to the Government. The 
Councils also sought comments on (1) whether the measures contemplated 
above should be extended to other items purchased by the Government; 
and (2) whether the rule should apply when IT is a component of a 
system or assembled product.
    The public meetings contemplated by this notice will continue a 
dialogue with industry and Government agencies on the impact of 
counterfeit IT products on matters of performance and security; 
contractor liability and consequential damages; competitiveness issues 
associated with procuring IT products from the original equipment 
manufacturer or authorized distributor; identifying viable means of 
authenticating IT products; and contractor supply chain risk management 
requirements as an evaluation factor in the procurement of IT products. 
The meetings are intended to provide for an exchange of information and 
ideas that may be used to assist in developing greater assurance around 
IT products acquired by the Government.

List of Subjects in 48 CFR Parts 2, 4, 12, 39, and 52

    Government procurement.

    Dated: May 29, 2009
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E9-12927 Filed 6-2-09; 8:45 am]
BILLING CODE 6820-EP-S