Federal Register Vol 83 No 116 Friday June 15 2018 Rules and Regulations DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1 4 13 39 and 52 FAC 2005-99 FAR Case 2018-010 Item I Docket 2018-0010 Sequence 1 RIN 9000-AN64 Federal Acquisition Regulation Use of Products and Services of Kaspersky Lab Department of Defense DoD General Services Administration GSA and National Aeronautics and Space Administration NASA ACTION Interim rule AGENCY DoD GSA and NASA are issuing an interim rule amending the Federal Acquisition Regulation FAR to implement a section of the National Defense Authorization Act for Fiscal Year 2018 DATES Effective Date July 16 2018 Applicability Dates o Contracting officers shall include the clause at FAR 52 204-23 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab or Other Covered Entities-- o In solicitations issued on or after July 16 2018 and resultant contracts and o In solicitations issued before July 16 2018 provided award of the resulting contract s occurs on or after July 16 2018 o Contracting officers shall modify in accordance with FAR 1 108 d 3 existing indefinite-delivery contracts to include the FAR clause for future orders prior to placing any further orders on or after July 16 2018 o If modifying an existing contract to extend the period of performance by more than 6 months contracting officers should include the clause in accordance with 1 108 d Comment Date Interested parties should submit written comments to the Regulatory Secretariat on or before August 14 2018 to be considered in the formulation of a final rule ADDRESSES Submit comments identified by FAC 2005-99 FAR Case 2018-010 by any of the following methods o Regulations gov http www regulations gov Submit comments via the Federal eRulemaking portal by sradovich on DSK3GMQ082PROD with RULES2 SUMMARY VerDate Sep 11 2014 18 39 Jun 14 2018 Jkt 244001 searching for ''FAR Case 2018-010'' Select the link ''Submit a Comment'' that corresponds with ''FAR Case 2018- 010 '' Follow the instructions provided at the ''Submit a Comment'' screen Please include your name company name if any and ''FAR Case 2018- 010'' on your attached document o Mail General Services Administration Regulatory Secretariat MVCB ATTN Lois Mandell 1800 F Street NW 2nd Floor Washington DC 20405-0001 Instructions Please submit comments only and cite FAC 2005-99 FAR Case 2018-010 in all correspondence related to this case All comments received will be posted without change to http www regulations gov including any personal and or business confidential information provided FOR FURTHER INFORMATION CONTACT Ms Camara Francis Procurement Analyst at 202-550-0935 for clarification of content For information pertaining to status or publication schedules contact the Regulatory Secretariat at 202-501- 4755 Please cite FAC 2005-99 FAR Case 2018-010 SUPPLEMENTARY INFORMATION I Background This interim rule revises the 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 use of hardware software and services of Kaspersky Lab and its related entities by the Federal Government on or after October 1 2018 Implementation of this rule in the FAR should not impact or impair any other planned or ongoing efforts agencies may undertake to implement section 1634 of Division A of the NDAA for FY 2018 including consideration by agencies of the presence of hardware software or services developed or provided by Kaspersky Lab as a technical evaluation factor in the source selection process II Discussion and Analysis This rule amends FAR part 4 adding a new subpart 4 20 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab with a corresponding new contract clause at 52 204-23 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities The rule also adds text in subpart 13 2 Actions at or Below the Micro-Purchase Threshold to address section 1634 with regard to micro-purchases PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 28141 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 For clarity the rule defines ''covered entity'' and ''covered article '' A covered entity includes the entities described in section 1634 A covered article includes hardware software or services that the Federal Government will use on or after October 1 2018 As the Government considers additional actions to implement section 1634 DoD GSA and NASA especially welcome input on steps that the Government could take to better identify and reduce the burden on contractors related to identifying covered articles For example o Is the prohibition scoped appropriately to protect the Government by including situations in which covered articles may be used in the development of data or deliverables first produced during contract performance for example under a systems development contract o Are the Government's analysis and estimates in sections VI and VII including the estimate that 5 percent of contractors would be required to submit reports in accordance with the clause reasonable How could these estimates be improved o If the Government were to consider establishing a list to publicly share information regarding products identified as meeting the definition of a covered article i e excluded products including those offered by third parties o What protocols should the Government apply prior to placing a product on the excluded list e g who should be reaching out and to whom o Should different protocols apply depending on whether the product is made by the original equipment manufacturer sold by a reseller or customized by a firm o When is it appropriate to leave a product on the excluded list indefinitely e g to provide notice for those who have previously acquired the product o Are there steps that the Government can take to avoid inappropriately affecting the producer's interests e g allowing the firm to demonstrate that there is a new version E FR FM 15JNR2 SGM 15JNR2 28142 Federal Register Vol 83 No 116 Friday June 15 2018 Rules and Regulations of the product that is free from concern and annotating the list accordingly III Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items Including Commercially Available Offthe-Shelf Items This rule adds a new contract clause at 52 204-23 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities in order to implement section 1634 of the NDAA for FY 2018 Section 1634 of this law prohibits the use of hardware software and services developed or provided by Kaspersky Lab and related entities by the Federal Government on or after October 1 2018 sradovich on DSK3GMQ082PROD with RULES2 A Applicability to Contracts at or Below the Simplified Acquisition Threshold 41 U S C 1905 governs the applicability of laws to acquisitions at or below the simplified acquisition threshold SAT Section 1905 generally limits the applicability of new laws when agencies are making acquisitions at or below the SAT but provides that such acquisitions will not be exempt from a provision of law if i The law contains criminal or civil penalties ii the law specifically refers to 41 U S C 1905 and states that the law applies to contracts and subcontracts in amounts not greater than the SAT or iii the FAR Council makes a written determination and finding that it would not be in the best interest of the Federal Government to exempt contracts and subcontracts in amounts not greater than the SAT from the provision of law B Applicability to Contracts for the Acquisition of Commercial Items Including Commercially Available Offthe-Shelf Items 41 U S C 1906 governs the applicability of laws to contracts for the acquisition of commercial items and is intended to limit the applicability of laws to contracts for the acquisition of commercial items Section 1906 provides that if a provision of law contains criminal or civil penalties or if the FAR Council makes a written determination that it is not in the best interest of the Federal Government to exempt commercial item contracts the provision of law will apply to contracts for the acquisition of commercial items Finally 41 U S C 1907 states that acquisitions of commercially available off-the-shelf COTS items will be exempt from a provision of law unless the law i contains criminal or civil penalties ii specifically refers to 41 U S C 1907 and states that the law VerDate Sep 11 2014 18 39 Jun 14 2018 Jkt 244001 applies to acquisitions of COTS items iii concerns authorities or responsibilities under the Small Business Act 15 U S C 644 or bid protest procedures developed under the authority of 31 U S C 3551 et seq 10 U S C 2305 e and f or 41 U S C 3706 and 3707 or iv the Administrator for Federal Procurement Policy makes a written determination and finding that it would not be in the best interest of the Federal Government to exempt contracts for the procurement of COTS items from the provision of law C Determinations The FAR Council has determined that it is in the best interest of the Government to apply the rule to contracts at or below the SAT and for the acquisition of commercial items The Administrator for Federal Procurement Policy has determined that it is in the best interest of the Government to apply this rule to contracts for the acquisition of COTS items While the law does not specifically address acquisitions of commercial items including COTS items there is an unacceptable level of risk for the Government in buying hardware software or services developed or provided in whole or in part by Kaspersky Lab This level of risk is not alleviated by the fact that the item being acquired has been sold or offered for sale to the general public either in the same form or a modified form as sold to the Government i e that it is a commercial item or COTS item nor by the small size of the purchase i e at or below the SAT As a result agencies may face increased exposure for violating the law and unknowingly acquiring a covered article absent coverage of these types of acquisitions by this rule IV Executive Orders 12866 and 13563 Executive Orders E O s 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and if regulation is necessary to select regulatory approaches that maximize net benefits including potential economic environmental public health and safety effects distributive impacts and equity E O 13563 emphasizes the importance of quantifying both costs and benefits of reducing costs of harmonizing rules and of promoting flexibility This rule has been designated a ''significant regulatory action'' under Executive Order 12866 Accordingly the Office of Management and Budget OMB has reviewed this PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 rule This rule is not a major rule under 5 U S C 804 V Executive Order 13771 This rule is not subject to the requirements of E O 13771 because the rule is issued with respect to a national security function of the United States VI Regulatory Flexibility Act The change 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 601 et seq The Initial Regulatory Flexibility Analysis IRFA is summarized as follows The objective of the rule is to prescribe appropriate policies and procedures to enable agencies to determine and ensure that they are not purchasing products and services of Kaspersky Lab and its related entities for use by the Government on or after October 1 2018 The legal basis for the rule is section 1634 of the NDAA for FY 2018 which prohibits Government use of such products on or after that date Data from the Federal Procurement Data System FPDS for FY 2017 has been used as the basis for estimating the number of contractors that may be affected by this rule Approximately 97 632 unique entities received new awards in Fiscal Year FY 2017 Of these entities 72 447 74 percent unique small entities received awards during 2017 It is estimated that the reports required by this rule will be submitted by 5 percent of contractors or 3 623 small entities The rule requires contractors and subcontractors that are subject to the clause to report to the contracting officer or for DoD to the website listed in the clause any discovery of a covered article during the course of contract performance The rule does not duplicate overlap or conflict with any other Federal rules Because of the nature of the prohibition enacted by section 1634 it is not possible to establish different compliance or reporting requirements or timetables that take into account the resources available to small entities or to exempt small entities from coverage of the rule or any part thereof DoD GSA and NASA were unable to identify any alternatives that would reduce the burden on small entities and still meet the objectives of section 1634 The Regulatory Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration A copy of the IRFA may be obtained from the Regulatory Secretariat DoD GSA and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities DoD GSA and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U S C 610 Interested E FR FM 15JNR2 SGM 15JNR2 Federal Register Vol 83 No 116 Friday June 15 2018 Rules and Regulations parties must submit such comments separately and should cite 5 U S C 610 FAR Case 2018-010 in correspondence sradovich on DSK3GMQ082PROD with RULES2 VII Paperwork Reduction Act The Paperwork Reduction Act of 1995 44 U S C 3501 et seq PRA provides that an agency generally cannot conduct or sponsor a collection of information and no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information unless that collection has obtained Office of Management and Budget OMB approval and displays a currently valid OMB Control Number DoD GSA and NASA requested and OMB authorized emergency processing of an information collection involved in this rule as OMB Control Number 9000-0197 consistent with 5 CFR 1320 13 DoD GSA and NASA have determined the following conditions have been met a The collection of information is needed prior to the expiration of time periods normally associated with a routine submission for review under the provisions of the Paperwork Reduction Act in view of the deadline for this provision of the NDAA which was signed into law in December 2017 and requires action before the prohibition goes into effect on October 1 2018 b The collection of information is essential to the mission of the agencies to ensure the Federal Government does not purchase prohibited articles and can respond appropriately if any such articles are not identified until after delivery or use c The use of normal clearance procedures would prevent the collection of information from contractors for national security purposes as discussed in section VIII of this preamble Passage of the omnibus appropriations bill and the availability of additional funding for FY 18 has increased agency purchasing activity and the information to be collected is necessary to ensure that this purchasing is done responsibly and consistent with national security Moreover DoD GSA and NASA cannot comply with the normal clearance procedures because public harm is reasonably likely to result if current clearance procedures are followed Not only would agencies be more likely to purchase and install prohibited items but even if such items were identified prior to the October 1 date agencies would incur substantial additional costs replacing such items as well as additional administrative costs for reprocurement VerDate Sep 11 2014 18 39 Jun 14 2018 Jkt 244001 DoD GSA and NASA intend to provide separate 60-day notice in the Federal Register requesting public comment on the information collection contained within this rule Agency DoD GSA and NASA Type of Information Collection New Collection Title of Collection Use of Products and Services of Kaspersky Lab Affected Public Private Sector-- Business Total Estimated Number of Respondents 4 882 Average Responses per Respondents 5 Total Estimated Number of Responses 24 410 Average Time per Response 1 5 hour Total Annual Time Burden 36 615 OMB Control Number 9000-0197 The public reporting burden for this collection of information consists of reports of identified covered articles during contract performance as required by 52 204-23 Reports are estimated to average 1 5 hour per response including the time for reviewing definitions searching existing data sources gathering and maintaining the data needed and completing and reviewing the report The subsequent 60-day notice published by DoD GSA and NASA will invite public comments VIII Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense DoD Administrator of General Services GSA and the Administrator of the National Aeronautics and Space Administration NASA that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment It is critical that the FAR is immediately revised to include the requirements of the law which prohibits the Federal Government from using hardware software or services of Kaspersky Lab and its related entities on or after October 1 2018 Although this prohibition does not apply until October 1 2018 agencies and contractors must begin to take steps immediately to meet this deadline In this regard covered articles include hardware software and services acquired before October 1 2018 that the Federal Government will use on or after October 1 2018 Because so many IT products and services are used for more than a few months it is critical that contractors be placed on notice as soon as possible of this prohibition so that agencies can ensure that they comply with the law and avoid acquisitions of PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 28143 covered articles that the Government will continue to use on or after October 1 2018 Pursuant to 41 U S C 1707 and FAR 1 501-3 b DoD GSA and NASA will consider public comments received in response to this interim rule in the formation of the final rule List of Subject in 48 CFR Parts 1 4 13 39 and 52 Government procurement Dated June 7 2018 William F Clark Director Office of Governmentwide Acquisition Policy Office of Acquisition Policy Office of Governmentwide Policy Therefore DoD GSA and NASA amend 48 CFR parts 1 4 13 39 and 52 as set forth below 1 The authority citation for 48 CFR parts 1 4 13 39 and 52 continues to read as follows Authority 40 U S C 121 c 10 U S C chapter 137 and 51 U S C 20113 PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM 1 106 Amended 2 Amend section 1 106 by adding to the table in numerical sequence FAR segment ''52 204-23'' and its corresponding OMB control number ''9000-0197'' PART 4--ADMINISTRATIVE MATTERS 3 Add subpart 4 20 to read as follows SUBPART 4 20--PROHIBITION ON CONTRACTING FOR HARDWARE SOFTWARE AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB Sec 4 2001 4 2002 4 2003 4 2004 Definitions Prohibition Notification Contract clause SUBPART 4 20--PROHIBITION ON CONTRACTING FOR HARDWARE SOFTWARE AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB 4 2001 Definitions As used in this subpart-- Covered article means any hardware software or service that-- 1 Is developed or provided by a covered entity 2 Includes any hardware software or service developed or provided in whole or in part by a covered entity or 3 Contains components using any hardware or software developed in whole or in part by a covered entity Covered entity means-- E FR FM 15JNR2 SGM 15JNR2 28144 Federal Register Vol 83 No 116 Friday June 15 2018 Rules and Regulations 1 Kaspersky Lab 2 Any successor entity to Kaspersky Lab 3 Any entity that controls is controlled by or is under common control with Kaspersky Lab or 4 Any entity of which Kaspersky Lab has a majority ownership 4 2002 Prohibition Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 Pub L 115-91 prohibits Government use on or after October 1 2018 of any hardware software or services developed or provided in whole or in part by a covered entity Contractors are prohibited from-- a Providing any covered article that the Government will use on or after October 1 2018 and b Using any covered article on or after October 1 2018 in the development of data or deliverables first produced in the performance of the contract 4 2003 Notification When a contractor provides notification pursuant to 52 204-23 follow agency procedures 4 2004 Contract clause The contracting officer shall insert the clause at 52 204-23 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities in all solicitations and contracts PART 13--SIMPLIFIED ACQUISITION PROCEDURES 4 Amend section 13 201 by adding paragraph i to read as follows 13 201 General i Do not purchase any hardware software or services developed or provided by Kaspersky Lab that the Government will use on or after October 1 2018 See 4 2002 PART 39--ACQUISITION OF INFORMATION TECHNOLOGY 5 Amend section 39 101 by adding paragraph e to read as follows sradovich on DSK3GMQ082PROD with RULES2 39 101 Policy e Contracting officers shall not purchase any hardware software or services developed or provided by Kaspersky Lab that the Government will use on or after October 1 2018 See 4 2002 VerDate Sep 11 2014 18 39 Jun 14 2018 Jkt 244001 PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 6 Add section 52 204-23 to read as follows 52 204-23 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities As prescribed in 4 2004 insert the following clause Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Jul 2018 a Definitions As used in this clause-- Covered article means any hardware software or service that-- 1 Is developed or provided by a covered entity 2 Includes any hardware software or service developed or provided in whole or in part by a covered entity or 3 Contains components using any hardware or software developed in whole or in part by a covered entity Covered entity means-- 1 Kaspersky Lab 2 Any successor entity to Kaspersky Lab 3 Any entity that controls is controlled by or is under common control with Kaspersky Lab or 4 Any entity of which Kaspersky Lab has a majority ownership b Prohibition Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 Pub L 115-91 prohibits Government use of any covered article The Contractor is prohibited from-- 1 Providing any covered article that the Government will use on or after October 1 2018 and 2 Using any covered article on or after October 1 2018 in the development of data or deliverables first produced in the performance of the contract c Reporting requirement 1 In the event the Contractor identifies a covered article provided to the Government during contract performance or the Contractor is notified of such by a subcontractor at any tier or any other source the Contractor shall report in writing to the Contracting Officer or in the case of the Department of Defense to the website at https dibnet dod mil For indefinite delivery contracts the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer s for any affected order or in the case of the Department of Defense identify both the indefinite delivery contract and any affected orders in the report provided at https dibnet dod mil 2 The Contractor shall report the following information pursuant to paragraph c 1 of this clause i Within 1 business day from the date of such identification or notification The contract number the order number s if applicable supplier name brand model number Original Equipment Manufacturer OEM number manufacturer part number or PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 wholesaler number item description and any readily available information about mitigation actions undertaken or recommended ii Within 10 business days of submitting the report pursuant to paragraph c 1 of this clause Any further available information about mitigation actions undertaken or recommended In addition the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article any reasons that led to the use or submission of the covered article and any additional efforts that will be incorporated to prevent future use or submission of covered articles d Subcontracts The Contractor shall insert the substance of this clause including this paragraph d in all subcontracts including subcontracts for the acquisition of commercial items End of clause 7 Amend section 52 212-5 by-- a Revising the date of the clause b Redesignating paragraphs a 2 through 4 as paragraphs a 3 through 5 respectively and adding a new paragraph a 2 c Redesignating paragraphs e 1 iii through xxi as paragraphs e 1 iv through xxii respectively and adding a new paragraph e 1 iii and d In Alternate II i Revising the date of the alternate and ii Redesignating paragraphs e 1 ii C through S as paragraphs e 1 ii D through T respectively and adding a new paragraph e 1 ii C The revisions and additions read as follows 52 212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items Jul 2018 a ____ 2 52 204-23 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Jul 2018 Section 1634 of Pub L 115-91 e 1 iii 52 204-23 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Jul 2018 Section 1634 of Pub L 115-91 Alternate II Jul 2018 e 1 ii C 52 204-23 Prohibition on Contracting for Hardware Software and Services E FR FM 15JNR2 SGM 15JNR2 Federal Register Vol 83 No 116 Friday June 15 2018 Rules and Regulations Developed or Provided by Kaspersky Lab and Other Covered Entities Jul 2018 Section 1634 of Pub L 115-91 8 Amend section 52 213-4 by-- a Revising the date of the clause and b Redesignating paragraphs a 1 ii through vii as paragraphs a 1 iii through viii respectively and adding a new paragraph a 1 ii The revision and addition read as follows 52 213-4 Terms and Conditions-- Simplified Acquisitions Other Than Commercial Items 9 Amend section 52 244-6 by-- a Revising the date of the clause b Redesignating paragraphs c 1 iv through xviii as paragraphs c 1 v through xix respectively and adding a new paragraph c 1 iv The revision and addition read as follows Subcontracts for Commercial Subcontracts for Commercial Items Jul 2018 c 1 iv 52 204-23 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Jul 2018 Section 1634 of Pub L 115-91 FR Doc 2018-12847 Filed 6-14-18 8 45 am sradovich on DSK3GMQ082PROD with RULES2 BILLING CODE 6820-EP-P VerDate Sep 11 2014 18 39 Jun 14 2018 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1 9 12 13 and 52 FAC 2005-99 FAR Case 2017-018 Item II Docket No 2017-0018 Sequence No 1 RIN 9000-AN57 Department of Defense DoD General Services Administration GSA and National Aeronautics and Space Administration NASA ACTION Interim rule AGENCY a 1 ii 52 204-23 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Jul 2018 Section 1634 of Pub L 115-91 GENERAL SERVICES ADMINISTRATION Federal Acquisition Regulation Violations of Arms Control Treaties or Agreements With the United States Terms and Conditions--Simplified Acquisitions Other than Commercial Items Jul 2018 52 244-6 Items DEPARTMENT OF DEFENSE Jkt 244001 DoD GSA and NASA are issuing an interim rule amending the Federal Acquisition Regulation FAR to implement a section of the National Defense Authorization Act for Fiscal Year 2017 that addresses measures against persons involved in activities that violate arms control treaties or agreements with the United States DATES Effective June 15 2018 Comment Date Interested parties should submit written comments to the Regulatory Secretariat Division at one of the addresses shown below on or before August 14 2018 to be considered in the formation of the final rule ADDRESSES Submit comments in response to FAC 2005-99 FAR Case 2017-018 by any of the following methods o Regulations gov http www regulations gov Submit comments via the Federal eRulemaking portal by searching for ''FAR Case 2017-018 '' Select the link ''Comment Now'' that corresponds with ''FAR Case 2017- 018 '' Follow the instructions provided on the screen Please include your name company name if any and ''FAR Case 2017-018'' on your attached document o Mail General Services Administration Regulatory Secretariat Division MVCB ATTN Ms Lois Mandell 1800 F Street NW 2nd Floor Washington DC 20405 Instructions Please submit comments only and cite FAC 2005-99 FAR Case 2017-018 in all correspondence related to this case All comments received will be posted without change to http www regulations gov including any personal and or business confidential SUMMARY PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 28145 information provided To confirm receipt of your comment s please check www regulations gov approximately two to three days after submission to verify posting except allow 30 days for posting of comments submitted by mail FOR FURTHER INFORMATION CONTACT Ms Cecelia L Davis Procurement Analyst at 202-219-0202 for clarification of content For information pertaining to status or publication schedules contact the Regulatory Secretariat Division at 202-501-4755 Please cite FAC 2005- 99 FAR Case 2017-018 SUPPLEMENTARY INFORMATION I Background This interim rule amends the FAR to implement a section of the National Defense Authorization Act NDAA for Fiscal Year 2017 that addresses measures against persons involved in activities that violate arms control treaties or agreements with the United States This rule amends FAR part 9 Contractor Qualifications and adds a provision at FAR 52 209-13 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 The President submits annually to Congress a report prepared by the Secretary of State with the concurrence of the Director of Central Intelligence and in consultation with the Secretary of Defense the Secretary of Energy and the Chairman of the Joint Chiefs of Staff on the status of United States policy and actions with respect to arms control nonproliferation and disarmament pursuant to section 403 of the Arms Control and Disarmament Act 22 U S C 2593a In this report the Secretary of State assesses adherence to and compliance with arms control nonproliferation and disarmament agreements and commitments by the United States and other countries This report is submitted in unclassified form with classified annexes as appropriate The Department of State's most recent unclassified report submitted in April 2018 to Congress is available at https www state gov t avc rls rpt The Secretary of the Treasury is required to submit to the appropriate Congressional committees a report consistent with the protection of intelligence sources and methods identifying every person with respect to whom there is credible information indicating that the person is-- o An individual who is a citizen national or permanent resident of or an entity organized under the laws of a noncompliant country and E FR FM 15JNR2 SGM 15JNR2 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu