[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]

[Rules and Regulations]

[Page 28140]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2018-12845]

[[Page 28139]]

Vol. 83

Friday,

No. 116

June 15, 2018

Part III

Department of Homeland Security

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Department of Defense

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General Services Administration

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National Aeronautics and Space Administration

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48 CFR Chapter 1

Federal Acquisition Regulations; Interim Rules

Federal Register / Vol. 83 , No. 116 / Friday, June 15, 2018 / Rules

and Regulations

[[Page 28140]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2018-0001, Sequence No. 3]

Federal Acquisition Regulation: Federal Acquisition Circular

2005-99; Introduction

AGENCY: Department of Defense (DoD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of interim rules.

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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) 2005-99. 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 dates 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. Please cite FAC 2005-99 and

the specific FAR case number. For information pertaining to status or

publication schedules, contact the Regulatory Secretariat Division at

202-501-4755.

Rules Listed in FAC 2005-99

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Item Subject FAR case Analyst

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I.................... Use of Products and 2018-010 Francis.

Services of

Kaspersky Lab

(Interim).

II................... Violations of Arms 2017-018 Davis.

Control Treaties or

Agreements with the

United States

(Interim).

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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the

actual revisions and/or amendments made by these rules, refer to the

specific item numbers and subjects set forth in the documents following

these item summaries. FAC 2005-99 amends the FAR as follows:

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

010)

This interim rule amends the Federal Acquisition Regulation (FAR)

to implement section 1634 of Division A of the National Defense

Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91).

Section 1634 of this law prohibits the Federal Government's use on or

after October 1, 2018, of hardware, software, and services developed or

provided, in whole or in part, by Kaspersky Lab or related entities.

To implement section 1634, the clause at 52.204-23 prohibits

contractors from providing any hardware, software, or services

developed or provided by Kaspersky Lab or its related entities, or

using any such hardware, software, or services in the development of

data or deliverables first produced in the performance of the contract.

The contractor must also report any such hardware, software, or

services discovered during contract performance; this requirement flows

down to subcontractors.

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 systems.

Item II--Violations of Arms Control Treaties or Agreements With the

United States (FAR Case 2017-018)

This interim rule amends the Federal Acquisition Regulation (FAR)

to implement section 1290 of the National Defense Authorization Act for

Fiscal Year 2017 (Pub. L. 114-328, codified at 22 U.S.C. 2593e), which

addresses measures against persons involved in activities that violate

arms control treaties or agreements with the United States. The interim

rule adds a certification provision in each solicitation for the

acquisition of products or services (including construction) that

exceeds the simplified acquisition threshold, except for solicitations

for the acquisition of commercial items.

This interim rule will not have a significant economic impact on a

substantial number of small entities.

Dated: June 7, 2018.

William F. Clark,

Director, Office of Government-wide Acquisition Policy, Office of

Acquisition Policy, Office of Government-wide Policy.

Federal Acquisition Circular (FAC) 2005-99 is issued under the

authority of the Secretary of Defense, the Administrator of General

Services, and the Administrator for the National Aeronautics and

Space Administration.

Unless otherwise specified, all Federal Acquisition Regulation

(FAR) and other directive material contained in FAC 2005-99 is

effective June 15, 2018 except for item I, which is effective July

16, 2018.

Dated: June 11, 2018.

Linda W. Neilson,

Deputy Director, Defense Procurement and Acquisition Policy (Defense

Acquisition Regulations System).

Dated: June 8, 2018.

Jeffrey A. Koses,

Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,

U.S. General Services Administration.

Dated: June 11, 2018.

Monica Y. Manning,

Assistant Administrator, Office of Procurement National Aeronautics and

Space Administration.

[FR Doc. 2018-12845 Filed 6-14-18; 8:45 am]

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