28140 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 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. 

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 

Item Subject FAR case Analyst 

I ......................... Use of Products and Services of Kaspersky Lab (Interim) .................................................................. 2018–010 Francis. 

II ........................ Violations of Arms Control Treaties or Agreements with the United States (Interim) ......................... 2017–018 Davis. 

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 offthe-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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