[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68319-68320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26580]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2019-0002, Sequence No. 8]


Federal Acquisition Regulation; Federal Acquisition Circular 
2020-03; 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,

[[Page 68320]]

and NASA. This Small Entity Compliance Guide has been prepared in 
accordance with section 212 of the Small Business Regulatory 
Enforcement Fairness Act of 1996. It consists of a summary of the rule 
appearing in Federal Acquisition Circular (FAC) 2020-03, 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 
this rule by referring to FAC 2020-03, which precedes this document. 
These documents are also available via the internet at http://www.regulations.gov.

DATES: December 13, 2019.

FOR FURTHER INFORMATION CONTACT: [email protected] or call 202-969-
4075. Please cite FAC 2020-03, FAR case 2018-017.

                       Rule Listed in FAC 2020-03
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               Subject                   FAR case           Analyst
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* Prohibition on Contracting for            2018-017  Francis.
 Certain Telecommunications and
 Video Surveillance Services or
 Equipment.
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SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the 
actual revisions and/or amendments made by this FAR Case, refer to the 
specific subject set forth in the document following this item summary. 
FAC 2020-03 amends the FAR as follows:

Prohibition on Contracting for Certain Telecommunications and Video 
Surveillance Services or Equipment (FAR Case 2018-017)

    This second interim rule amends the Federal Acquisition Regulation 
to implement section 889(a)(1)(A) of the John S. McCain National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 
115-232). The first interim rule was published August 13, 2019.
    This rule reduces the information collection burden imposed on the 
public by making updates to the System for Award Management (SAM) to 
allow offerors to represent annually whether they offer to the 
Government equipment, systems, or services that include covered 
telecommunications equipment or services. The burden to the public is 
reduced by allowing an offeror that responds ``does not'' in the new 
annual representation at 52.204-26, Covered Telecommunications 
Equipment or Services--Representation, or in paragraph (v) of 52.212-3, 
Offeror Representations and Certifications--Commercial Items, to skip 
the offer-by-offer representation within the provision at 52.204-24, 
Representation Regarding Certain Telecommunications and Video 
Surveillance Services or Equipment.
    The provision at 52.204-26 requires that offerors review SAM prior 
to completing their required representations. The Government will add 
to SAM the entities that provide equipment or services listed in the 
definition of ``covered telecommunications equipment or services'', 
with an appropriate notation to identify that the prohibition is 
limited to certain products and services--the entity itself is not 
excluded.
    Offerors shall consult SAM to validate whether the products they 
are offering are from an entity covered under the definition of 
``covered telecommunications equipment or services'', including any 
known subsidiaries or affiliates.
    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.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2019-26580 Filed 12-12-19; 8:45 am]
BILLING CODE 6820-EP-P