[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Rules and Regulations]
[Page 42664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15292]



[[Page 42663]]

Vol. 85

Tuesday,

No. 135

July 14, 2020

Part V





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Chapter 1





Federal Acquisition Regulations; Interim Final Rules

  Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Rules 
and Regulations  

[[Page 42664]]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR-2020-0051, Sequence No. 4]


Federal Acquisition Regulation; Federal Acquisition Circular 
2020-08; Introduction

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

ACTION: Summary presentation of an interim rule.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the 
Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2020-08. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC.

DATES: For effective date see the separate document, which follows.

FOR FURTHER INFORMATION CONTACT: [email protected] or call 202-969-
4075. Please cite FAC 2020-08, FAR case 2019-009.

                       Rule Listed in FAC 2020-08
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                        Subject                              FAR Case
------------------------------------------------------------------------
Prohibition on Contracting with Entities Using Certain         2019-009
 Telecommunications and Video Surveillance Services or
 Equipment.............................................
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ADDRESSES: The FAC, including the SECG, is available via the internet 
at https://www.regulations.gov.

SUPPLEMENTARY INFORMATION: A summary for each 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 summary. FAC 
2020-08 amends the FAR as follows:

Prohibition on Contracting With Entities Using Certain 
Telecommunications and Video Surveillance Services or Equipment (FAR 
Case 2019-009)

    This interim rule amends the Federal Acquisition Regulation to 
implement section 889(a)(1)(B) of Title VII of the John S. McCain 
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 
(Pub. L. 115-232). Paragraph (a)(1)(B) of section 889 prohibits 
executive agencies from entering into, or extending or renewing, a 
contract with an entity that uses 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, 2020 unless an 
exception applies or a waiver is granted.
    To implement paragraph (a)(1)(B) of section 889, the provision at 
52.204-24 requires all offerors to represent, after conducting a 
reasonable inquiry, whether covered telecommunications equipment or 
services are used by the offeror, and if so, to provide further 
information. The clause at 52.204-25 prohibits the head of an executive 
agency from entering into a contract, or extending or renewing a 
contract, with an entity that uses 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, unless an exception applies or a 
waiver is granted. The contractor must report use of any such 
equipment, systems, or services discovered during contract performance.
    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 and 
communication technology systems.

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

    Federal Acquisition Circular (FAC) 2020-08 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator of National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2020-08 is 
effective July 14, 2020 except for FAR Case 2019-009, which is 
effective [August 13, 2020].

Kim Herrington,
Acting Principal Director, Defense Pricing and Contracting, 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. 2020-15292 Filed 7-13-20; 8:45 am]
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