SPECIAL NOTICE
99 -- IMPORTANT � All NAWCTSD Vendors please read: Implementation of FY19 NDAA Section 889(a)(1)(B)
- Notice Date
- 7/29/2020 3:06:52 PM
- Notice Type
- Special Notice
- NAICS
- 488190
— Other Support Activities for Air Transportation
- Contracting Office
- NAWC TRAINING SYSTEMS DIV ORLANDO FL 32826-3224 USA
- ZIP Code
- 32826-3224
- Solicitation Number
- NAWCTSDSection889Notice
- Response Due
- 12/30/2020 9:00:00 PM
- Archive Date
- 01/15/2021
- Description
- This notice is posted in the same manner as PALT in order to reach NAWCTSD�s vendor base to provide awareness of the forthcoming implementation of interim FAR rule 2019-009 which implements section 889(a)(1)(B) of the National Defense Authorization Act (NDAA) for Fiscal Year 2019.� Any contractor which, as a result of the below changes, will have to represent in such a way that will preclude exercise of an option or other extension of an active contract, task order or delivery order shall contact the cognizant Procuring Contracting Officer immediately. The following provides a summary regarding the subject, to include several actions that contracting officers will need to take for any effort expected to be awarded or contract modified on or after August 13, 2020: ������������������� *Interim FAR rule 2019-009 implementing 889(a)(1)(B) was published on July 14, 2020, effective August 13, 2020 (https://www.govinfo.gov/content/pkg/FR-2020-07-14/pdf/2020-15293.pdf#page=12). *The rule requires an offer-by-offer representation regarding use of the prohibited equipment or services until an annual representation can be accommodated in SAM. *In order to award contracts, task or delivery orders on or after August 13, 2020, contracting officers must take the following actions: Include the provision at FAR 52.204�24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, and clause at FAR 52.204�25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment as prescribed� -In solicitations issued on or after August 13, 2020, and resultant contracts task orders, or delivery orders; and -In solicitations issued before August 13, 2020, provided award of the resulting contracts, task orders, or delivery orders occurs on or after August 13, 2020. 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. Include the clause if exercising an option or modifying an existing contract or task or delivery order to extend the period of performance. When exercising an option, consider modifying the existing contract to add the clause in a sufficient amount of time to both provide notice for exercising the option and to provide contractors with adequate time to comply with the clause. On or after August 13, 2020, contracting officers shall not award contracts or issue task or delivery orders to an offeror 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 FAR 4.2102(b) applies or a waiver is granted. On or after August 13, 2020, contracting officers shall not exercise an option period or otherwise extend a contract, task order, or delivery order, 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 FAR 4.2102(b) applies or a waiver is granted. Contracting officers should consult the requiring activity to determine whether a particular contract or order is affected. *DAU plans to post a Continuous Learning (CL) Training Module in mid-August. Relevant URLs Link to FAR Interim Rule 2019-009 Federal Register Notice: https://www.govinfo.gov/content/pkg/FR-2020-07-14/pdf/2020-15293.pdf#page=12 Link to eCFR FAR Text, FAR Subpart 4.21�Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment: https://www.ecfr.gov/cgi-bin/text-idx?SID=838c77b7a66dad87018b95b0f5042b6d&mc=true&node=20200714y1.55 Link to eCFR FAR Text, FAR Provision 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment: https://www.ecfr.gov/cgi-bin/text-idx?SID=a8e20639a0c9a962615998b0d1c40a7c&mc=true&node=20200714y1.61 Link to eCFR FAR Text, FAR Clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment: https://www.ecfr.gov/cgi-bin/text-idx?SID=a8e20639a0c9a962615998b0d1c40a7c&mc=true&node=20200714y1.62
- Web Link
-
SAM.gov Permalink
(https://beta.sam.gov/opp/f0164c6b02fa4aba9c7fe62371a700a5/view)
- Record
- SN05737361-F 20200731/200729230141 (samdaily.us)
- Source
-
SAM.gov Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's SAM Daily Index Page |