who is responsible for granting waivers 889 quizlet
As described elsewhere in the rule, all three signatory agencies held public meetings to hear directly from industry on concerns with this rule, with the first occurring in July of 2019 and the most recent occurring in March of 2020. NASA also hosted a Section 889 industry engagement event on January 30, 2020, to obtain additional information on the impact this prohibition will have on NASA contractors' operations and their ability to support NASA's mission. 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.
xU]OAF_)b BZ4{fnK:;s;I. 26. [6] (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. electronic version on GPOs govinfo.gov. 8.
Amend section 4.2101 by adding in alphabetical order the definitions Backhaul, Interconnection arrangements, Reasonable inquiry and Roaming to read as follows: Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).
16. 19 (e) Disclosures.
0 documents in the last year, 894 provide legal notice to the public or judicial notice to the courts. This rule does not add any new provisions or clauses.
(B) The phase-out plan to eliminate such covered telecommunications or video surveillance equipment or services from the relevant systems. /Resources
Because of the substantial additional impact to the regulated community if the rule is not in place on the effective date, the FAR Council has found good cause to forego notice and public procedure, the Council also determines, pursuant to 5 U.S.C.
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14. This rule is meant to mitigate risks across the supply chains that provide hardware, software, and services to the U.S. Government and further integrate national security considerations into the acquisition process. documents in the last year, 18
The total estimated burden for the representation and the clause for year one is $11 billion. It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. This rule adds the disclosure section for 889(a)(1)(B) with separate reporting elements depending on whether the procurement is for equipment, services related to item maintenance, or services not associated with item maintenance.
documents in the last year, 263
DoD, GSA, and NASA are amending the Federal Acquisition Regulation (FAR) to implement section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub.
19. 1.
Title of Collection: Waiver from Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
To the extent you use any equipment, system or service that uses covered telecommunications equipment or services, how much do you estimate it would cost if you decide to cease such use to come into compliance with the rule? The FAR Council anticipates significant impact to the Government as a result of this rule. Relevant information about this document from Regulations.gov provides additional context.
>> Section 889 differs from the previous efforts in substantial ways.
Background.
Adopting a robust, risk-based compliance approach will help reduce the likelihood of noncompliance.
This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, 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 at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. /DeviceRGB 3501 et seq.) In this Issue, Documents
7 This value is based on data on new registrants in SAM.gov on average for FY16, FY17, FY18, and FY19. Similar to the previous rule for section 889(a)(1)(A), that was published as an interim rule on August 13, 2019, and was followed by a second interim rule on December 13, 2019, that updated the System for Award Management (SAM), the FAR Council is in the process of making updates to SAM requiring offerors to represent whether they use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services within the meaning of this rule. obj F.C.C., 782 F.3d 692, 695 (D.C. Cir.
Contracting officers shall modify, in accordance with FAR 1.108(d), existing indefinite delivery contracts to include the FAR clause for future orders, prior to placing any future orders. 40 U.S.C.
Territories and Possessions are set by the Department of Defense. on FederalRegister.gov Roaming means cellular communications services (e.g., voice, Start Printed Page 42677video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. 4. Time To Develop a Full and Complete Laydown and Phase-Out Plan To Support Waiver Requests, V. Applicability to Contracts at or Below the Simplified Acquisition Threshold (SAT) and for Commercial Items, Including Commercially Available Off-the-Shelf (COTS) Items, A. Applicability to Contracts at or Below the Simplified Acquisition Threshold, B. Applicability to Contracts for the Acquisition of Commercial Items, Including Commercially Available Off-the-Shelf Items, VI. Each document posted on the site includes a link to the /MediaBox
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In the case of an emergency, including a declaration of major disaster, in which prior notice and consultation with the ODNI and prior notice to the FASC is impracticable and would severely jeopardize performance of mission-critical functions, the head of an agency may grant a waiver without meeting the notice and consultation requirements to enable effective mission critical functions or emergency response and recovery. (b) Prohibition. The percentage of 26% is the percentage of active entities registered in SAM.gov in FY20 that were awarded contracts. are not part of the published document itself.
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Below is a list of compliance activities related to regulatory familiarization that the Signatory Agencies anticipate will occur after issuance of the rule: a. Familiarization with FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
This rule allows an offeror that represents does not in the annual representation at FAR 52.204-26 to skip the offer-by-offer representation within the provision at FAR 52.204-24. The FAR Council acknowledges that there is substantial uncertainty underlying these estimates. 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. The 50% value is an assumption based on subject matter expert judgment. (ii) For waivers to the prohibition at 4.2102(a)(2), the head of the executive agency shall, not later than 30 days after approval submit in accordance with agency procedures to the appropriate congressional committees.
Since a waiver is based on the agency's judgment concerning particular uses of covered telecommunications equipment or services, a waiver granted for one agency will not necessarily shed light on whether a waiver is warranted in a different procurement with a separate agency. documents in the last year, 916
The authority citation for 48 CFR parts 1, 4, 13, 39, and 52 continues to read as follows: Authority: Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
S0.W1!#ip+)2GM]8:JjklbDgOeSgPi&\`K?5T[O=8k]{^_aD_VuMZ|; /) +tX"7y$O\3@.(fl}b}>@dS|:a'hwIBLj (iv) Notify the ODNI and the FASC 15 days prior to granting the waiver that it intends to grant the waiver. >>
770 The statute is not limited to contracting with entities that use end-products produced by those companies; it also covers the use 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.
(i) For waivers to the prohibition at 4.2102(a)(1), the head of the executive agency shall, not later than 30 days after approval, (A) Submit in accordance with agency procedures to the appropriate congressional committees the full and complete laydown of the presences of covered telecommunications or video surveillance equipment or services in the relevant supply chain; and.
This analysis was developed by the FAR Council in consultation with agency procurement officials and OMB.
The FPDS data indicates that the Government awarded contracts to an average of 102,792 unique entities, of which 75,112 (73 percent) were small entities.
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This rule implements section 889 (a)(1)(B) and applies to Federal contractors' use of covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. L. 115-232) to the GSA Senior Procurement Executive (SPE). >> For complete information about, and access to, our official publications -8% BMYm7hoy)&z
DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. Therefore, the Signatory Agencies calculated the total estimated cost for this part of the rule to be $3.6 million (= 3 hours $94.76 per hours 2,570 entities 5 responses per entity) per year in subsequent years.
The total cost of the above Government Cost Estimate in Year 1 is: $11 billion. We request public comment on the costs, benefits, and transfers generated by this rule.
The waiver may be provided, for a period of not more than two years after the effective dates described in subsection (c), if the entity seeking the waiver, (A) provides a compelling justification for the additional time to implement the requirements under such subsection, as determined by the head of the executive agency; and. Interested parties must submit such comments separately and should cite 5 U.S.C. 0 The 5 reports value was derived from subject matter expert judgment. Presidential & Congressional Commissions, Boards or Small Agencies, Identity, Credentials, and Access Management, Delegation of Authority for Granting Certain Agency-level Waivers to Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Agencies 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[.
07/20/2022, 842 b.
The corresponding non-confidential version of those comments must be clearly marked PUBLIC. The file name of the non-confidential version should begin with the character P. The BC and P should be followed by the name of the person or entity submitting the comments or rebuttal comments. 9. ", Per diem localities with county definitions shall include"all locations within, or entirely surrounded by, the corporate limits of the key city as well as the boundaries of the listed counties, including independent entities located within the boundaries of the key city and the listed counties (unless otherwise listed separately).".
