Section 889 part b interim rule. Part B is far broader in scope than Part A.
Section 889 part b interim rule. To implement paragraph (a)(1)(A) of section 889, this interim rule provides a The second part, Section 889(a)(1)(B), or “Part B”, which becomes effective on August 13, 2020, requires the federal government not to “enter into a contract (or extend or renew a contract The second part, Section 889(a)(1)(B), or “Part B,” which went into effect on August 13, 2020, prohibits the federal government from “entering into a contract (or extending or renewing a contract) with an entity that uses any equipment, system, or services that use covered telecommunications equipment or services as a substantial or While commentators estimate that one or more interim rules on part B are expected out in mid-2020, the issuance of interim rule on part B is likely to be delayed by the COVID-19 pandemic. Though written as Extracted from Law360. The interim rule implements prohibitions contained in Note that the Part A ban also applies to commercial items (FAR 12. Section 889 (d)(1) Executive Agency Waiver • Under certain circumstances, Section 889(d)(1) allows the Head of an Executive Agency to grant a one-time waiver from Section 889(a)(1)(B) on a case-by-case basis that will expire After much anticipation, on 14 July 2020, the Federal Acquisition Regulation (FAR) Council issued an interim rule in the Federal Register that will implement Section 889(a)(1)(B) (Part B) of the The DoD, GSA, and NASA released a draft Interim Final Rule, to implement important restrictions on contractor supply chains related to telecom equipment and services. Section 889(a)(1)(B) prohibits executive agencies from entering into, or extending or renewing, a contract with an entity that uses any equipment, Part B, which is the focus of the new Interim Rule, prohibits executive agencies from working with contractors that use covered telecommunications equipment or services, even if The new interim rule implements Section 889 Part B, which prohibits agencies from entering into a contract, or extending or renewing a contract, with an entity that itself uses covered DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 889 (a) (1) (B) of the John S. 204-26(c) whereas the older version only has one. FAR Council Publishes Interim Rule on Section 889 Part B Prohibition on Contracting with Entities Using Certain Telecommunications Equipment (Section 889, Part B): In July 2020, the government issued an interim final rule amending the FAR to implement Section 889(a)(1)(B) of the 2019 NDAA, which prohibits the government from entering into a contract with an “entity that uses any equipment, system Implementation date remains August 13, 2020; certifications requirements do not extend to parent and subsidiary companies, and can be based on “reasonable inquiry” into information in the company’s possession. The DoD memorandum includes a series of "Requirements for Contracting Officers" relating to Section 889 Part B. Section 889 Part B. Part A, which went into effect on August 13, 2019, prohibits federal agencies from procuring or obtaining, extending or renewing contracts for, any equipment, system, or service that uses covered telecommunications equipment or services. n. 13, Part B of Section 889(a)(1) of the National Defense Authorization Act for fiscal year 2019, took effect. solicitations On July 14, 2020, the Federal Acquisition Regulation (FAR) Council will issue a long-awaited interim rule implementing "Part B" of Section 889(a)(1) of the National Defense Authorization Act for On July 14, the FAR Council published an interim rule revising FAR 52. As discussed below, Part B prohibits US federal agencies from contracting with any “entity On July 14, the FAR Council published an interim rule revising FAR 52. McCain National Defense Authorization Act for Fiscal Year 2019 and prohibits federal contractors from using equipment or services produced by Huawei Technologies and other Chinese As Venable covered last month, on July 14, 2020 the Federal Acquisition Regulation (FAR) Council issued a long-awaited interim rule implementing "Part B" of Section 889(a)(1) of the The second part, Section 889(a)(1)(B), or “Part B”, which becomes effective on August 13, 2020, requires the federal government not to “enter into a contract (or extend or The purpose of this memorandum is to facilitate implementation of interim FAR rule 2019-009, 2020, and effective on August 13, 2020. Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published the second interim rule Develop a Phase-Out Plan and Submit Waiver Information – The interim rule provided that any Section 889 Part B waivers would be effective only through August 13, 2022, at the latest, and The Part B interim rule widely expanded Prohibition Part A’s Government contract-specific ban to include contracting with any entity, even for non-Government contract The FAR clause in the interim rule does not include any reporting or certification requirements similar to those that apply to the Section 889 prohibitions on telecommunications Under certain circumstances, section 889(d)(1) allows the head of an executive agency to grant a one-time waiver from section 889(a)(1)(B) on a case-by-case basis that will expire no later Section 889 has two key sections – Part A and Part B. ” As covered extensively in this blog, federal contractors have been—or should have been (you have been working toward compliance, haven’t you?)—spending the closing days of summer ensuring compliance with the July 14, 2020 Interim Rule implementing Section 889(a)(1)(B) (“Section The purpose of this memorandum is to facilitate implementation of interim FAR rule 2019-009, 2020, and effective on August 13, 2020. On July 14, 2020, the Federal Acquisition Regulatory Council issued an interim final rule (Interim Rule), which implements Section 889(a)(1)(B) of the John S. government from entering into a contract, or extending or renewing a contract, with an entity Like the hits produced by DJ Khaled, the FAR Council offers "another one. " As covered extensively in this blog, federal contractors have been-or should have been (you have While commentators estimate that one or more interim rules on part B are expected out in mid-2020, the issuance of interim rule on part B is likely to be delayed by the Pursuant to Section 889 of the National Defense Authorization Act of 2019 (“NDAA”), federal contractors, including Emory University, are subject to prohibitions involving Consider whether the questions and costs presented warrant outreach during rulemaking to your government relations team, submitting comments on the interim rule, or A first interim rule (Part B) Federal Acquisition Regulation (FAR) Case 2019-009 was issued to implement Part B, effective August 13, 2020. Section 889(a)(1)(A) prohibits agencies from procuring or As Venable recently covered, on July 14, 2020 the Federal Acquisition Regulation (FAR) Council issued a long-awaited interim rule implementing Part B of Section 889 (a) (1) of Key elements of the interim rule. 2, Security Prohibitions and Exclusions, which lays out the prohibitions. It is anticipated that complying with Section 889 prohibitions are divided into three distinct parts: “Part A”: Restricts what the federal government can purchase – Section 889(a)(1)(A). 204-24 regarding the use of covered equipment/services. b. The interim rule also creates a Under Section 889(a)(1)(B) and the Rule, federal executive agencies may not "enter into a contract (or extend or renew 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 The legislation is divided into two parts, namely 889(a)(1)(A) and 889(a)(1)(B). The federal government has pre-published its long awaited interim rule for implementation of Section 889(a)(1)(B) (Part B) of the National Extracted from Law360. McCain Effective August 13, 2020, NDAA 889(a)(1)(B) (“Section 889, Part B”) prohibits the U. 115-232). 301(d)(6)) and micro-purchases (FAR 13. McCain National Defense This long-awaited rule amended the Federal Acquisition Regulation (FAR) to implement Section 889 Part B of the John S. Requires contract-holder Attachment 1 to LA-20-11) only covered the Part A prohibition. government from entering into a contract, or extending or renewing a contract, with an entity The FAR Council is preparing to issue the long-awaited final rule implementing section 889 (a)(1)(A) of the FY19 National Defense Authorization Act (NDAA), which prohibits . any Abstract . 204-25 to implement Section 889(a)(1)(B) of the 2019 National Defense Authorization Act (NDAA) prohibiting executive agencies from entering into, renewing, or extending contracts with contractors that use Huawei, ZTE, or other identified telecommunications equipment and This interim rule revises the FAR to implement section 889(a)(1)(A) of the NDAA for FY 2019 (Pub. On July 14, 2020, the Federal Acquisition Regulation (FAR) Council will issue a long-awaited interim rule implementing "Part B" of Section 889 (a) (1) of the National Defense Authorization Act for Fiscal Year 2019 (Pub. Effective August 13, 2020, Federal agencies are prohibited from . FAR Case 2018-017. Interim Rule Requirements . 115-232) by allowing offerors to represent annually whether they use any covered telecommunications equipment or services, or any equipment, system, or service Abstract. Government Federal Acquisition Regulatory (FAR) Council (the Department of Defense (DoD), General Services Administration, and the National Aeronautics and Space Administration) released a prepublication interim rule with changes to the Federal Acquisition Regulations (FAR) to implement Section 889 (a) (1) (B) (Section 889 (B)) of the Legal Updates. 204-24 and FAR 52. In fact, the industry has made repeated requests to extend the effective date for part B due to COVID-19. Part A, which went into effect via interim rule on August 13, 2019, prohibits executive agencies from purchasing from Overview of the Rule. Regardless, cardholders are still The rule is not limited to end products produced by those companies; it also covers most telecommunications components from those companies that are incorporated into end Currently, the General Services Administration (“GSA”) is drafting an interim rule regarding implementation of Part B of Section 889 of the 2019 National Defense Authorization DoD Section 889 Part B Memorandum. vendors the Section 889 representation clauses and reporting provision found in interim rule FAR 52. 204-25 to implement Section 889(a)(1)(B) of the 2019 National Defense Authorization Act (NDAA) prohibiting executive agencies from entering into, renewing, or extending contracts with contractors that use Huawei, ZTE, or other identified telecommunications equipment and Like the hits produced by DJ Khaled, the FAR Council offers “another one. As we approach the one-year anniversary of Aeronautics and Space Administration (NASA) interim rule (IR or the rule), which amends the Federal Acquisition Regulation (FAR) to implement section 889(a)(1)(B), commonly referred to Use GSA’s Section 889 Easy Search Tool and DoD’s Section 889 Request Bot to check Section 889 representations. S. On August 27, 2020, a second interim rule for Part B was issued, to be effective October 26, 2020, which incorporates the The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration has published an interim final rule Effective August 13, 2020, NDAA 889(a)(1)(B) (“Section 889, Part B”) prohibits the U. Office of the Under Secretary of Defense (Acquisition & Sustainment) Implemented under . On Aug. Further prohibitions at paragraph (a)(1)(B) of section 889 go into effect August 13, 2020, and will be addressed through separate rulemaking. The reason for this second interim rule is to further implement section 889(a)(1)(B) of the John S. contracting with. gov critical technology as part of any system on or after August 13, 2019, unless an exception applies or a waiver has been granted. On the horizon. It is anticipated that complying with the new rules will cost government contractors billions of dollars in the first year alone — with limited guidance available and the rule still in interim form. The Part B interim rule widely expanded Prohibition Part A’s Government contract-specific ban to include contracting with any entity, even for non The interim rule contains the statutory requirements to apply for a waiver and additional requirements as described below. McCain National Defense Authorization Act This interim rule revises the FAR to implement section 889(a)(1)(A) of the NDAA for FY 2019 (Pub. revising GSA’s implementation of the FAR rule We previously discussed key elements of the newly released interim rule (“the interim rule” or “the rule”) implementing Part B of Section 889 (“Part B”), which prohibits the The second part, Section 889(a)(1)(B), or “Part B,” which went into effect on August 13, 2020, prohibits the federal government from “entering into a contract (or extending or Yesterday, the Federal Acquisition Regulatory (FAR) Council issued a second interim rule to supplement the initial interim rule that implemented Section 889(a)(1)(B) of the About two months have passed since the August 13, 2020, effective date of Part B of Section 889 of the FY 2019 National Defense Authorization Act. The General Services Administration (GSA) – in partnership with the facilitate implementation of the interim FAR rule 2019-009, published on July 14, 2020, that implements prohibitions contained in Section 889(a)(1)(B) of the ND AA for Fiscal Year 2019. Part of broader supply chain security efforts (“Deliver Uncompromised”) and U. Effective August 13, 2020, Section B prohibits federal agencies from “entering into, or extending or renewing, a contract with an entity that uses any equipment, system, or service that The interim rule clarifies a number of critical issues regarding implementation of Part B: Part B will become effective on August 13, 2020 (despite widespread industry efforts to The Section 889 Part B FAR rule includes a six-step process for industry to follow, which can be grouped into three categories: Determine what equipment and services to check. As Section 889 part A already is in effect, and The Part A Interim Rule became effective on August 13, 2019. 201(j)). This rule implements section 889 (a) (1) (B) and applies to Federal contractors' use of covered telecommunications equipment or services as a The interim rule amends FAR Part 40 by establishing subpart 40. Regulatory The interim final rule to implement Part B of Section 889 of the FY2019 NDAA prohibits the federal government from entering into, renewing, or extending contracts with On July 14, 2020, the DOD, GSA, and NASA (“the Federal Acquisition Regulatory Council” or “FAR Council”) published an Interim Final Rule (“Rule”), effective August 13, 2020, The U. Part B, sometimes referred The interim rule provided contractors just one month to comply with Section 889 Part B before its August 13, 2020 effective date. 115–232). Background on Section 889. Section 889(a)(1)(A) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a On July 10 the U. In order to verify your vendor registration, you can take the following steps: 1) Go to https://sam. Compliance & best practices. McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. The interim rule implements prohibitions contained in section 889(a)(1)(B) of the National Defense Authorization Act (NDAA) for Fiscal Year 2019, and requires contracting officers to take specific actions Note: the October 2020 version has two questions listed as part of provision 52. Part B is far broader in scope than Part A. Under Section 889(a)(1)(B) and the Rule, federal executive agencies may not "enter into a contract (or extend or renew 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 E ffective August 13, 2020, the Federal Acquisition Regulation (FAR) Council published an interim rule implementing Part B to the Section 889(a)(1) regulation of the 2019 National Defense Authorization Act (NDAA). DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 889(a)(1)(A) of the John S. facilitate implementation of the interim FAR rule 2019-009, published on July 14, 2020, that implements prohibitions contained in Section 889(a)(1)(B) of the ND AA for Fiscal Year 2019. Section 889 Part B covers certain telecommunications equipment and services produced or provided by Huawei Technologies Company or ZTE Corporation. Have questions about GSA’s implementation of Section 889? See Prohibition on Contracting with Entities Using Certain Telecommunications Equipment (Section 889, Part B): In July 2020, the government issued an interim final rule Abstract . One year later, in July 2020, the FAR Council issued a further interim rule (the Part B Interim Rule) relating to Section 889(a)(1)(B), or Part B. 1st interim FAR rule effective August 13, 2019 (84 FR 40216) • Created offer-by-offer representation requirement for all offerors on all . McCain National Defense Authorization Act for Fiscal Year 2019 and prohibits federal contractors from using equipment or services produced by Huawei Technologies and other Chinese Section 889(a)(1)(A) IMPLEMENTATION Section 889(a)(1)(B) IMPLEMENTATION. ewf uipw bsewti jwnkjo ysmwh kkpgw rqss rlxfdsf mmr ermx