[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Page 47860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19359]

[[Page 47859]]

Vol. 84


No. 175

September 10, 2019

Part IV

Department of Defense


General Services Administration


National Aeronautics and Space Administration


48 CFR Chapter 1

Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 84 , No. 175 / Tuesday, September 10, 2019 / 
Rules and Regulations

[[Page 47860]]





48 CFR Chapter 1

[Docket No. FAR-2019-0001, Sequence No. 5]

Federal Acquisition Regulation; Federal Acquisition Circular 
2019-06; Introduction

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

ACTION: Summary presentation of final 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) 2019-06. 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 date 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. For information pertaining to 
status or publication schedules, contact the Regulatory Secretariat 
Division at 202-501-4755.

                       Rules Listed in FAC 2019-06
       Item               Subject            FAR case         Analyst
I................  Use of Products and          2018-010  Francis.
                    Services Of
                    Kaspersky Lab.
II...............  Update of                    2019-006  Chambers.
                    ``Affiliates'' and
                    Section 8(a) Clauses.
III..............  Update to Contractor         2019-005  Glover.
                    Assessment Reporting
                    System (CPARS).
IV...............  New World Trade              2019-011  Davis.
                    Agreement Country-

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these FAR rules, refer to 
the specific item numbers and subjects set forth in the documents 
following these item summaries. FAC 2019-06 amends the FAR as follows:

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

    This final rule adopts an interim rule published on June 15, 2018, 
without changes. The interim rule implemented section 1634 of Division 
A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. 
L. 115-91), which prohibited the use of hardware, software, and 
services developed or provided, in whole or in part, by Kaspersky Lab 
or related entities by the Federal Government, on or after October 1, 
2018. The interim rule also required contractors to report any such 
hardware, software, or services discovered during contract performance. 
This rule is being implemented as a national security measure to 
protect Government information and information systems.

Item II--Update of ``Affiliates'' and Section 8(a) Clauses (FAR Case 

    This final rule amends the FAR to revise the definition of 
``affiliates'' at FAR 19.101 and 2.101. This rule amends the clauses at 
FAR 52.219-12, Special 8(a) Subcontract Conditions, and 52.219-17, 
Section 8(a) Award, to remove an obsolete requirement for 8(a) 
contractors to obtain written approval from the Small Business 
Administration and the contracting officer before subcontracting the 
performance of any contract requirements. This final rule is expected 
to result in savings for Federal contractors who are participants in 
the 8(a) Program.

Item III--Update to Contractor Performance Assessment Reporting System 
(CPARS) (FAR Case 2019-005)

    This final rule amends the FAR at FAR 42.1501 and 42.1503 to 
establish the Contractor Performance Assessment Reporting System 
(CPARS) as the official system for past performance information. The 
rule makes conforming changes in FAR parts 9, 13, 15, and 25 to remove 
all references to Past Performance Information Retrieval System (PPIRS) 
and adds CPARS for past performance information. The final rule is not 
expected to have a significant economic impact on small entities, 
because the rule merely designates an existing system, CPARS, as the 
single official repository for recording and maintaining contractor 
performance information.

Item IV--New World Trade Organization Government Procurement Agreement 
Country--Australia (FAR Case 2019-011)

    DoD, GSA, and NASA are issuing a final rule amending the FAR to add 
Australia as a new World Trade Organization Government Procurement 
Agreement (WTO GPA) country. Australia is already a designated country, 
because it is a Free Trade Agreement country.
    This final rule has no significant impact on the Government and 
contractors, including small business entities.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2019-06 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator of National Aeronautics and Space 
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2019-06 is 
effective September 10, 2019 except for Items II, III, and IV, which 
are effective October 10, 2019.

Linda W. Neilson,
Director, Defense Pricing and Contracting, Defense Acquisition 
Regulations System, Department of Defense.

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

William G. Roets, II,
Acting Assistant Administrator, Office of Procurement, National 
Aeronautics and Space Administration.

[FR Doc. 2019-19359 Filed 9-9-19; 8:45 am]