[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68314-68319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26579]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4 and 52
[FAC 2020-03; FAR Case 2018-017; Docket No. FAR-2018-0017, Sequence No.
2]
RIN 9000-AN83
Federal Acquisition Regulation: Prohibition on Contracting for
Certain Telecommunications and Video Surveillance Services or Equipment
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule.
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[[Page 68315]]
SUMMARY: DoD, GSA, and NASA are issuing a second interim rule amending
the Federal Acquisition Regulation (FAR) to require offerors to
represent annually whether they offer to the Government equipment,
systems, or services that include covered telecommunications equipment
or services. These provisions implement section 889(a)(1)(A) of the
John S. McCain National Defense Authorization Act (NDAA) for Fiscal
Year (FY) 2019.
DATES:
Effective Date: December 13, 2019.
Applicability: Contracting officers shall include the provision at
FAR 52.204-26, Covered Telecommunications Equipment or Services--
Representation--
In solicitations issued on or after the effective date;
and
In solicitations issued before the effective date,
provided award of the resulting contract(s) occurs on or after the
effective date.
Comment date: Interested parties should submit written comments to
the Regulatory Secretariat Division at one of the addresses shown below
on or before February 11, 2020 to be considered in the formation of the
final rule.
ADDRESSES: Submit comments in response to FAR Case 2018-017 by any of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``FAR Case
2018-017''. Select the link ``Comment Now'' that corresponds with ``FAR
Case 2018-017''. Follow the instructions provided on the screen. Please
include your name, company name (if any), and ``FAR Case 2018-017'' on
your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW, 2nd Floor, Washington,
DC 20405.
Instructions: Please submit comments only and cite ``FAR Case 2018-
017'' in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT: [email protected] or call 202-969-
4075. Please cite FAR Case 2018-017.
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Acquisition Regulations System codifies and publishes
uniform policies and procedures for acquisition by all executive
agencies. The Federal Acquisition Regulations System consists of the
Federal Acquisition Regulation (FAR), which is the primary document,
and agency acquisition regulations that implement or supplement the
FAR.
In order to combat the national security and intellectual property
threats that face the United States, section 889(a)(1)(A) of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019 (the
NDAA) (Pub. L. 115-232) prohibits the Federal Government from procuring
or obtaining, or extending or renewing a contract to procure or obtain,
``any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any
system'', on or after August 13, 2019.
``Covered telecommunications equipment or services,'' as defined in
the statute, means--
Telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate
of such entities);
For the purpose of public safety, security of Government
facilities, physical security surveillance of critical infrastructure,
and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua
Technology Company (or any subsidiary or affiliate of such entities);
Telecommunications or video surveillance services provided
by such entities or using such equipment; or
Telecommunications or video surveillance equipment or
services produced or provided by an entity that the Secretary of
Defense, in consultation with the Director of National Intelligence or
the Director of the Federal Bureau of Investigation, reasonably
believes to be an entity owned or controlled by, or otherwise connected
to, the government of a covered foreign country.
To implement section 889(a)(1)(A) of the NDAA, DoD, GSA, and NASA
published the first interim rule at 84 FR 40216 on August 13, 2019.
This rule added a provision at FAR 52.204-24, Representation Regarding
Certain Telecommunications and Video Surveillance Services or
Equipment, which required, in part, that an offeror represent on an
offer-by-offer basis if the offeror will or will not provide any
covered telecommunications equipment or services to the Government and,
if it will, require the offeror to provide additional disclosures.
This second interim rule reduces burden on the public by allowing
an offeror that represents ``does not'' in the new annual
representation at FAR 52.204-26, Covered Telecommunications Equipment
or Services--Representation or in paragraph (v) of FAR 52.212-3,
Offeror Representations and Certifications--Commercial Items to skip
the offer-by-offer representation within the provision at FAR 52.204-
24, Representation Regarding Certain Telecommunications and Video
Surveillance Services or Equipment.
In order to reduce the information collection burden imposed on the
public, DoD, GSA, and NASA have made updates to the System for Award
Management (SAM) to require offerors to represent annually whether they
offer to the Government equipment, systems, or services that include
covered telecommunications equipment or services. SAM is used by anyone
interested in the business of the Federal Government, including--
Entities (contractors, Federal assistance recipients, and
other potential award recipients) who need to register to do business
with the Government, look for opportunities or assistance programs, or
report subcontract information;
Government contracting and grants officials responsible
for activities with contracts, grants, past performance reporting and
suspension and debarment activities;
Public users searching for Government business
information.
Representations and Certifications are FAR requirements that anyone
wishing to apply for Federal contracts must complete. Representations
and Certifications require entities to represent or certify to a
variety of statements ranging from environmental rules compliance to
entity size representation.
Agencies use the SAM entity registration information to verify
recipient compliance with requirements. This reduces the duplicative
practice of contractors filling out in full all the representations and
certifications with the submission of each offer. Instead the
representations and certifications may be filled out annually and
electronically.
Offerors shall consult SAM to validate whether the equipment or
services they are offering are from an entity providing equipment or
services listed in the definition of ``covered telecommunications
equipment or services'' (see FAR 4.2101), including any known
subsidiaries or affiliates.
This rule is a further implementation of section 889(a)(1)(A). The
prohibition in section 889(a)(1)(B) regarding entities
[[Page 68316]]
that use covered telecommunications equipment or services is not
effective until August 13, 2020, and will be implemented through
separate rulemaking under FAR Case 2019-009.
II. Discussion and Analysis
This second interim rule proposes to add the new annual
representation, 52.204-26, Covered Telecommunications Equipment or
Services--Representation, which requires an offeror to represent
annually if it does or does not provide covered telecommunications
equipment or services as a part of its offered products or services to
the Government. If an offeror represented ``does not,'' it shall not
complete the offer-by-offer representation at FAR 52.204-24; if the
offeror represented ``does,'' or has not made any representation in FAR
52.204-26 or 52.212-3(v), it shall complete the representation at FAR
52.204-24. This annual representation is prescribed at FAR 4.2105(c)
for use in all solicitations.
The provision at FAR 52.204-26 requires that offerors shall review
the list of excluded parties in SAM for entities excluded from
receiving Federal awards for ``covered telecommunications equipment or
services'' prior to completing their required representations. The
Government will add to SAM entities that provide equipment or services
listed in the definition of ``covered telecommunications equipment or
services'' (see FAR 4.2101), with an appropriate notation to identify
that the prohibition is limited to certain products and services--the
entity itself is not excluded.
In addition, the rule amends the FAR to make the existing provision
at FAR 52.204-24 not apply if an offeror represents ``does not'' to the
new annual representation, FAR 52.204-26, Covered Telecommunications
Equipment or Services--Representation, or if an offeror represents
``does not'' in a new paragraph (v), under the existing FAR clause FAR
52.212-3, Offeror Representations and Certifications--Commercial Items.
The purpose of this change is to require only offerors that provide
covered telecommunications equipment or services to the Government to
complete the representation at FAR 52.204-24.
This interim rule provides procedures at FAR 4.2103 for contracting
officer handling of offeror representations in the provisions at FAR
52.204-24 and 52.204-26. A contracting officer may generally rely on an
offeror's representation in the provisions at FAR 52.204-24 and 52.204-
26 that the offeror does not or will not provide covered
telecommunications equipment or services to the Government, unless the
contracting officer has a reason to question the representation. In
such cases the contracting officer shall follow agency procedures
(e.g., consult the requiring activity and legal counsel).
Conforming changes are made to add the provision at FAR 52.204-26
to the provision at FAR 52.204-8, Annual Representations and
Certifications, and the list at FAR 4.1202 of representations and
certifications that should not be included in solicitations when the
provision at 52.204-7, System for Award Management, is used. In
addition, the prescription for FAR 52.204-24 at FAR 4.2105(a)(2) is
amended to clarify that subpart 8.4 and 16.505 are examples of the
procedures that may be used to place an order.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
In the first interim rule, the FAR Council determined that it would
not be in the best interest of the Federal Government to exempt
contracts and subcontracts in amounts not greater than the simplified
acquisition threshold (SAT), commercial item contracts, and contracts
for the acquisition of commercially available off-the-shelf (COTS)
items, from the provision of law. As the second interim rule makes only
administrative changes to the process of collecting information, and
does not affect the scope of applicability of the prohibition, those
determinations remain applicable. This rule adds a new provision at
52.204-26, Covered Telecommunications Equipment or Services--
Representation, in order to implement section 889(a)(1)(A) of the NDAA
for FY 2019, which prohibits the purchase of any equipment, system, or
service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology as part of any system on or after August 13, 2019, unless an
exception applies or a waiver has been granted.
A. Applicability to Contracts at or Below the Simplified Acquisition
Threshold
41 U.S.C. 1905 governs the applicability of laws to acquisitions at
or below the SAT. Section 1905 generally limits the applicability of
new laws when agencies are making acquisitions at or below the SAT, but
provides that such acquisitions will not be exempt from a provision of
law under certain circumstances, including when the FAR Council makes a
written determination and finding that it would not be in the best
interest of the Federal Government to exempt contracts and subcontracts
in amounts not greater than the SAT from the provision of law.
B. Applicability to Contracts for the Acquisition of Commercial Items,
Including Commercially Available Off-the-Shelf Items
41 U.S.C. 1906 governs the applicability of laws to contracts for
the acquisition of commercial items, and is intended to limit the
applicability of laws to contracts for the acquisition of commercial
items. Section 1906 provides that if the FAR Council makes a written
determination that it is not in the best interest of the Federal
Government to exempt commercial item contracts, the provision of law
will apply to contracts for the acquisition of commercial items.
Finally, 41 U.S.C. 1907 states that acquisitions of COTS items will
be exempt from a provision of law unless certain circumstances apply,
including if the Administrator for Federal Procurement Policy makes a
written determination and finding that would not be in the best
interest of the Federal Government to exempt contracts for the
procurement of COTS items from the provision of law.
C. Determinations
In issuing the first interim rule, the FAR Council determined that
it is in the best interest of the Government to apply the rule to
contracts at or below the SAT and for the acquisition of commercial
items, and the Administrator for Federal Procurement Policy determined
that it is in the best interest of the Government to apply that rule to
contracts for the acquisition of COTS items. The changes made in this
rule are administrative changes to the process of collecting required
information, and do not alter those determinations.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This rule has been designated a ``significant regulatory
[[Page 68317]]
action'' under E.O. 12866. Accordingly, the Office of Management and
Budget (OMB) has reviewed this rule. This rule is not a major rule
under 5 U.S.C. 804.
V. Executive Order 13771
This rule is subject to the requirements of E.O. 13771. The
designation, as regulatory or deregulatory under E.O. 13771, of any
final rule resulting from this interim rule will be informed by
comments received. Details of estimates of costs or savings can be
found in sections VI and VII of this preamble.
VI. Regulatory Flexibility Act
For the first interim rule, the DoD, GSA, and NASA performed an
Initial Regulatory Flexibility Analysis (IRFA). No public comments on
the IRFA for the first interim rule were received.
Although the second interim rule would on aggregate reduce burdens,
DoD, GSA, and NASA expect that this rule may have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. An
Initial Regulatory Flexibility Analysis (IRFA) has been performed, and
is summarized as follows:
The second interim rule would require an offeror to represent
annually if it does or does not provide covered telecommunications
equipment or services as part of the products or services it offers
to the Government. Specifically, the solicitation provision at
52.204-26 is prescribed for use in all solicitations and requires
all vendors to represent, at least annually, that it ``does'' or
``does not'' provide covered telecommunications equipment or
services as a part of its offered products or services to the
Government. Offerors shall consult the System for Award Management
(SAM) to validate whether the equipment or services they are
offering are from an entity providing equipment or services listed
in the definition of ``covered telecommunications equipment or
services'', including any known subsidiaries or affiliates.
The objective of the rule is to provide an information
collection mechanism that relies on an annual representation,
thereby reducing the burden of providing information, in some cases,
that is required to enable agencies to determine and ensure that
they are complying with section 889(a)(1)(A). The legal basis for
the rule is section 889(a)(1)(A) of the NDAA for FY 2019, which
prohibits Government procurement of such equipment, systems, and
services on or after that date, unless an exception applies or a
waiver has been granted.
Of the total vendors, 318,695 are estimated to be small
entities. A data set was generated from the Federal Procurement Data
System (FPDS) for fiscal years (FY) 2016, 2017, and 2018 and data
from SAM from August 2019 for use in estimating the number of small
entities affected by this rule.
Data from the System for Award Management (SAM) indicates that
there were 424,927 active registrants in August 2019. In order to
maintain an active registration in SAM, all entities will be
required to complete the 52.204-26 representation in SAM. Therefore,
DoD, GSA, and NASA estimate that at least 424,927 entities will
complete the representation in the provision at 52.204-26. Of the
total vendors, 318,695 are estimated to be small entities based on
the percentage of small business entities registered in SAM in 2017,
which was 75 percent of all active registrants.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
It is not possible to establish different compliance or
reporting requirements or timetables that take into account the
resources available to small entities or to exempt small entities
from coverage of the rule, or any part thereof. DoD, GSA, and NASA
were unable to identify any alternatives that would reduce the
burden on small entities and still meet the objectives of section
889.
The Regulatory Secretariat Division has submitted a copy of this
IRFA to the Chief Counsel for Advocacy of the Small Business
Administration. A copy may be obtained from the Regulatory Secretariat
Division upon request. DoD, GSA, and NASA invite comments from small
business concerns and other interested parties on the expected impact
of this rule on small entities.
DoD, GSA, and NASA will also consider comments from small entities
concerning the existing regulations in subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAR Case 2018-017) in
correspondence.
VII. Paperwork Reduction Act
As part of the first interim rule, the FAR Council was granted
emergency processing of a collection currently approved under OMB
control number 9000-0199, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment. A 60-
day notice was published for additional public comment on this
collection on October 9, 2019 (84 FR 54146).
In the first interim rule, the burden consisted of a representation
at FAR 52.204-24 to identify whether an offeror will or will not
provide covered telecommunications equipment or services for each
offer, and a report of identified covered telecommunications equipment
and services during contract performance, as required by FAR 52.204-25.
In this second interim rule, the burden consists of a representation at
FAR 52.204-26 to identify whether an offeror does or does not provide
covered telecommunications equipment and services to the Government in
the performance of any contract, and a representation at FAR 52.204-24
to identify whether an offeror will or will not provide covered
telecommunications equipment or services for each offer unless the
offeror selects ``does not'' in response to the provision at FAR
52.204-26 (or its commercial item equivalent at paragraph (v) of FAR
52.212-3).
With this second interim rule, this existing collection is being
revised to reflect a reduction in burden. The FAR Council expects the
total public reporting burden to decrease from $45,420,020 to
$5,952,369 as a result of amending FAR 52.204-24 so it is only filled
out if a new solicitation provision FAR 52.204-26 (or its commercial
item equivalent at paragraph (v) of FAR 52.212-3) has a response of
``does.''
With this change in who must complete a representation at FAR
52.204-24, the FAR Council has estimated the number of entities
affected by this provision will drop from 190,446 to 9,522. With this
decrease in responses needed, the burden is expected to decrease from
$43,527,522 to $2,183,185.
The representation added by this rule at 52.204-26 is estimated to
average 0.08333 hour (the average of the time for both positive and
negative representations) per response to review the prohibitions,
research the source of the product or service, and complete the
representation. The representation at FAR 52.204-24 is estimated to
average 0.105 hour (the average of the time for both positive and
negative representations) per response to review the prohibitions,
research the source of the product or service, and either provide a
response of ``will not'' in the majority of cases or provide a response
of ``will'' and complete the additional detailed disclosure.
As part of this interim rule, the FAR Council is soliciting
comments from the public in order to:
Evaluate whether the proposed revisions to this collection
of information are necessary for the proper performance of the
functions of the FAR Council, including whether the information will
have practical utility;
Evaluate the accuracy of the FAR Council's estimate of the
burden of the revised collection of information, including the validity
of the methodology and assumptions used;
Enhance the quality, utility, and clarity of the
information to be collected; and
Minimize the burden of the collection of information on
those who
[[Page 68318]]
are to respond including through the use of appropriate collection
techniques.
Organizations and individuals desiring to submit comments on the
information collection requirements associated with this rulemaking
should submit comments to the Regulatory Secretariat Division (MVCB)
not later than February 11, 2020, by either of the following methods:
Federal eRulemaking Portal: This website provides the
ability to type short comments directly into the comment field or
attach a file for lengthier comments. Go to http://www.regulations.gov
and follow the instructions on the site.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), 1800 F Street NW, 2nd Floor, Washington,
DC 20405. Reference: IC 9000-0007, Subcontracting Plans.
Instructions: All items submitted must cite Information Collection
9000-0199, Prohibition on Contracting for Certain Telecommunications
and Video Surveillance Services or Equipment. Comments received
generally will be posted without change to http://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check
www.regulations.gov, approximately two to three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail).
VIII. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that notice and public procedure thereon is unnecessary.
In the first interim rule published on August 13, 2019, the FAR
Council solicited comment regarding on-going work then contemplated to
reduce the burden imposed on the public through updates to the System
for Award Management (SAM). System changes to allow offerors to
represent annually whether they sell equipment, systems, or services
that include covered telecommunications equipment or services could not
be implemented by the statutory deadline of August 13, 2019. Therefore,
the first interim rule was published without this representation in
order to meet the statutory deadline and in order to provide the
contracting community with as much notice as possible. With this second
interim rule, and with the modifications to SAM, only offerors that
provide an affirmative response to the annual representation would be
required to provide the offer-by-offer representation in their offers
for contracts and for task and delivery orders under indefinite
delivery contracts.
The FAR Council provided a description of the plans to decrease
burden in the first interim rule in August and received public comment
which is supportive of this approach. All comments on the first interim
rule can be found in the docket at www.regulations.gov. Moreover,
commenters encouraged the FAR Council to take this burden-reducing
action as quickly as possible. Other comments associated with the first
interim rule as well as this second interim rule will be addressed in a
subsequent FAR Council action.
List of Subjects in 48 CFR Parts 4 and 52
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 4 and 52 as set
forth below:
0
1. The authority citation for 48 CFR parts 4 and 52 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 4--ADMINISTRATIVE AND INFORMATION MATTERS
0
2. Amend section 4.1202, by redesignating paragraphs (a)(8) through
(33) as paragraphs (a)(9) through (34) and adding a new paragraph
(a)(8) to read as follows:
4.1202 Solicitation provision and contract clause.
(a) * * *
(8) 52.204-26, Covered Telecommunications Equipment or Services--
Representation.
* * * * *
0
3. Amend section 4.2102 by adding paragraph (d) to read as follows:
4.2102 Prohibition.
* * * * *
(d) Recording prohibitions in the System for Award Management
(SAM).
(1) Prohibitions on purchases of products or services produced or
provided by entities identified in paragraphs (1) and (2) of the
definition of ``covered telecommunications equipment or services''
(including known subsidiaries or affiliates) at 4.2101 will be recorded
in SAM (see 9.404).
(2) Prohibitions on purchases of products or services produced or
provided by entities identified pursuant to paragraph (4) of the
definition of ``covered telecommunications equipment or services''
(including known subsidiaries or affiliates) at 4.2101 are recorded by
the Department of Defense in SAM (see 9.404).
0
4. Amend section 4.2103 by revising paragraph (a) to read as follows:
4.2103 Procedures.
(a) Representations. (1)(i) If the offeror selects ``does not'' in
response to the provision at 52.204-26 or 52.212-3(v), the contracting
officer may rely on the representation, unless the contracting officer
has reason to question the representation. If the contracting officer
has a reason to question the representation, the contracting officer
shall follow agency procedures.
(ii) If the offeror selects ``does'' in response to the provision
at 52.204-26 or 52.212-3(v), the offeror must complete the
representation at 52.204-24.
(2)(i) If the offeror selects ``will not'' in paragraph (d) of the
provision at 52.204-24, the contracting officer may rely on the
representation, unless the contracting officer has reason to question
the representation. If the contracting officer has a reason to question
the representation, the contracting officer shall follow agency
procedures.
(ii) If an offeror selects ``will'' in paragraph (d) of the
provision at 52.204-24, the offeror must provide the information
required by paragraph 52.204-24(e), and the contracting officer shall
follow agency procedures.
* * * * *
0
5. Amend section 4.2105 by--
0
a. Revising the section heading;
0
b. Removing from paragraph (a)(2) ``i.e.'' and adding ``e.g.'' in its
place; and
0
c. Adding paragraph (c).
The revision and addition reads as follows:
4.2105 Solicitation provisions and contract clause.
* * * * *
(c) The contracting officer shall insert the provision at 52.204-
26, Covered Telecommunications Equipment or Services--Representation,
in all solicitations.
[[Page 68319]]
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
6. Amend section 52.204-8 by--
0
a. Revising the date of the provision;
0
b. Redesignating paragraphs (c)(1)(vi) through (xxiv) as paragraphs
(c)(1)(vii) through (xxv); and
0
c. Adding a new paragraph (c)(1)(vi).
The revision and addition reads as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
Annual Representations and Certifications (Dec 2019)
* * * * *
(c)(1) * * *
(vi) 52.204-26, Covered Telecommunications Equipment or Services--
Representation. This provision applies to all solicitations.
* * * * *
0
7. Amend section 52.204-24 by--
0
a. Revising the date of the provision;
0
b. Adding an undesignated paragraph before paragraph (a);
0
c. Removing from paragraph (a) ``Critical technology'', and
``Substantial or'' and adding ``, ``critical technology'', and
``substantial or'' in its place;
0
d. Redesignating paragraphs (c) and (d) as paragraphs (d) and (e), and
adding a new paragraph (c);
0
e. Revising the newly redesignated paragraph (d); and
0
f. Revising the introductory text of the newly redesignated paragraph
(e), and removing from paragraph (e)(1) ``All'' and adding ``A
description of all'' in its place;
The revisions and additions read as follows:
52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment.
* * * * *
Representation Regarding Certain Telecommunications and Video
Surveillance Services or Equipment (Dec 2019)
The Offeror shall not complete the representation in this provision
if the Offeror has represented that it ``does not provide covered
telecommunications equipment or services as a part of its offered
products or services to the Government in the performance of any
contract, subcontract, or other contractual instrument'' in the
provision at 52.204-26, Covered Telecommunications Equipment or
Services--Representation, or in paragraph (v) of the provision at
52.212-3, Offeror Representations and Certifications--Commercial Items.
* * * * *
(c) Procedures. The Offeror shall review the list of excluded
parties in the System for Award Management (SAM) (https://www.sam.gov)
for entities excluded from receiving federal awards for ``covered
telecommunications equipment or services''.
(d) Representation. The Offeror represents that it [ ] will, [ ]
will not provide covered telecommunications equipment or services to
the Government in the performance of any contract, subcontract or other
contractual instrument resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of
this provision that it ``will'' provide covered telecommunications
equipment or services'', the Offeror shall provide the following
information as part of the offer--
* * * * *
0
8. Add section 52.204-26 to read as follows:
52.204-26 Covered Telecommunications Equipment or Services--
Representation.
As prescribed in 4.2105(c), insert the following provision:
Covered Telecommunications Equipment or Services--Representation (Dec
2019)
(a) Definitions. As used in this provision, ``covered
telecommunications equipment or services'' has the meaning provided
in the clause 52.204-25, Prohibition on Contracting for Certain
Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded
parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for
``covered telecommunications equipment or services''.
(c) Representation. The Offeror represents that it [ ] does, [ ]
does not provide covered telecommunications equipment or services as
a part of its offered products or services to the Government in the
performance of any contract, subcontract, or other contractual
instrument.
(End of provision)
0
9. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. Removing from the introductory paragraph ``paragraphs (c) through
(u))'' and adding ``paragraphs (c) through (v))'' in its place;
0
c. In paragraph (a), adding in alphabetical order the definition
``Covered telecommunications equipment or services'';
0
d. Removing from paragraph (b)(2), in the first undesignated paragraph
``(c) through (u))'' and adding ``(c) through (v))'' in its place; and
0
e. Adding paragraph (v).
The revision and additions read as follows:
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (Dec 2019)
(a) * * *
Covered telecommunications equipment or services has the meaning
provided in the clause 52.204-25, Prohibition on Contracting for
Certain Telecommunications and Video Surveillance Services or
Equipment.
* * * * *
(v) Covered Telecommunications Equipment or Services--
Representation. Section 889(a)(1)(A) of Public Law 115-232.
(1) The Offeror shall review the list of excluded parties in the
System for Award Management (SAM) (https://www.sam.gov) for entities
excluded from receiving federal awards for ``covered telecommunications
equipment or services''.
(2) The Offeror represents that it [ ] does, [ ] does not provide
covered telecommunications equipment or services as a part of its
offered products or services to the Government in the performance of
any contract, subcontract, or other contractual instrument.
* * * * *
[FR Doc. 2019-26579 Filed 12-12-19; 8:45 am]
BILLING CODE 6820-EP-P