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Update: Mass Modification for OASIS / OASIS SB and HCaTS / HCaTS SB to implement Section 889 Part B of the FY19 National Defense Authorization Act.

Tools to Assist You

Please review the following attached process documents now available:

Background

Foreign entities are increasingly using the federal supply chain to compromise federal information and federal information systems. In order to combat the national security and intellectual property threats that face the United States, Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (i.e., Section 889 Part B) prohibits the Federal Government from entering into, or extending or renewing, a contract with an entity that uses 1. any equipment, system, or service that uses covered telecommunications equipment or 2. services as a substantial or essential component of any system, or as critical technology as part of any system. This “Part B” rule goes into effect on August 13, 2020, unless an exception applies or a waiver is granted.

FAR Case 2019-009 amends the Federal Acquisition Regulation (FAR) to implement Section 889 Part B. The rule requires that indefinite delivery vehicles be modified to incorporate FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020). Orders may not be placed under the contract until the contract is modified to incorporate the clause.    

In August, the U.S. General Services Administration (GSA) Federal Acquisition Service (FAS) will leverage mass-modification functionality for all OASIS / OASIS SB / HCaTS / HCaTS SB contracts to incorporate the revised FAR clause 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020). This will be a new way to accept the modification to expedite the updates to your contract. Please review the “Process Documentation” document attached for details on how to register for the Multi-Factor Authentication to be prepared to accept the mod. Look for more guidance on the mass modification process as August 13 approaches.

Contractors will have 90 days to accept the modification, but are encouraged to accept it as soon as possible in order to receive orders under the contract. 

A summary of the changes and draft text of the updated clause can be found in the PDF attachment below titled “Draft Significant Changes.” If you have any questions, please contact Grace Parker at grace.parker@gsa.gov

 

ATTACHMENTS:

Process Documentation

Draft Significant Changes Document

FAQs: Section 889 Part B of the FY19 National Defense Authorization Act

 

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