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You are here: Home / Archives for interim rule

July 23, 2020 By cs

Cutting Chinese suppliers from government supply chains will cost billions every year

Prospective contractors are invited to comment on how much it might cost them.
Click on image above to see Federal Register notice.

Implementation of a rule barring federal agencies from entering into contracts with entities that use equipment from a selection of Chinese telecommunications and surveillance companies is expected to cost the government $11 billion in year one, and just over $2 billion each subsequent year, according to an action published in the Federal Register on July 14th.

The Federal Register action details an interim rule from the Department of Defense, the General Services Administration and NASA to implement the second part of section 889 of the John S. McCain National Defense Authorization Act of 2019.

Starting Aug. 13., Contracting Officers will include provisions in their solicitations that prohibit contractors from using the covered equipment and require bidders to state whether they do.  Agency leaders can issue waivers in the case of emergencies, or other conditions, under the interim rule.

Covered equipment and services refer to those provided by Huawei, ZTE, Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company or Dahua Technology Company, or any subsidiary or affiliate of those entities.

Keep reading this article at: https://www.nextgov.com/cybersecurity/2020/07/cutting-chinese-suppliers-government-supply-chains-will-cost-billions-every-year/166846/

Filed Under: Government Contracting News Tagged With: acquisition workforce, China, Chinese firms, DoD, FAR, FAR Council, Federal Register, GSA, interim rule, NASA, NDAA, public comment, supply chain, supply chain management, supply chain security, telecommunications

September 23, 2019 By cs

First wave of acquisition prohibitions take effect

The FAR Council released an Interim Rule in August implementing part of Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019. 

In this briefing, we highlight points where the Interim Rule provides clarity; definitional issues that remain unresolved; and new procedural requirements that government contractors should track.

The Interim Rule covers the portion of Section 889, subsection (a)(1)(A), that prohibits the federal government from acquiring certain telecommunications equipment/services from Huawei, ZTE, and other Chinese companies.  Specifically: “The head of an executive agency may not … procure or obtain or extend or renew 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.”

Section (a)(1)(A) took effect on August 13, 2019, although a 60-day window remains open for stakeholders to submit comments to be considered in the development of a final rule.  Comments on the (a)(1)(A) Interim Rule are due by October 15, 2019.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2019/09/section-889-update-first-wave-of-acquisition-prohibitions-take-effect/

Filed Under: Government Contracting News Tagged With: acquisition policy, critical infrastructure, cybersecurity standards, FAR, FAR Council, interim rule, NDAA, prohibited activity, reporting requirements, Section 889, telecommunications

June 20, 2018 By AMK

New federal contracting rule cuts off Kaspersky

The government is seeking to eliminate all traces of cybersecurity firm Kaspersky Labs from federal systems, issuing a new interim rule in the June 15 Federal Register to extend the governmentwide ban to contractors.

The rule, issued by the General Services Administration, the Department of Defense and the National Aeronautics and Space Administration, amends the Federal Acquisition Regulation to require that all contracts and solicitations finalized after July 16, 2018, include language prohibiting the presence of Kaspersky hardware, software and products.

The rule applies not just to federal contracts but also smaller “micro” purchases and the purchase of commercial off the shelf items, which are often exempt from many contracting regulations. The notice states that the interim rule was issued without prior opportunity for public comment due to “urgent and compelling reasons.”

Keep reading this article at: https://fcw.com/articles/2018/06/15/kaspersky-rule-contractors.aspx

Filed Under: Government Contracting News Tagged With: ban, espionage, FAR, hardware, interim rule, malicious software, malware, risk, Russia, software

July 1, 2016 By AMK

Little-noticed interim rule overshadows two Supreme Court procurement decisions

The cost of False Claims Act incidents could double.  But nobody seems to know that.

False Claims ActThe “Rule of Two” is mandatory for the Veterans Affairs Department no matter how well they are doing in meeting their small business goals.

When vendors sign an invoice and send it to the government for payment, they are acknowledging they have met the requirements under the contract.

These were the major outcomes from two cases decided last week by the nation’s highest court.

While both these cases will have long-lasting impacts on the federal procurement community, a little-known rule by the Railroad Retirement Board (RRB) is what contractors really should be paying attention to over the summer.

The RRB issued an interim final rule May 2 to nearly double the cost per incident under the False Claims Act (FCA).

Keep reading this article at: http://federalnewsradio.com/reporters-notebook-jason-miller/2016/06/little-noticed-interim-rule-overshadows-two-supreme-court-procurement-decisions/

 

Filed Under: Government Contracting News Tagged With: cost, false claims, False Claims Act, FCA, federal regulations, interim rule, penalty, RRB, rulemaking, Supreme Court

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