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FAR

Security Clearance Due Process Streamlining

The Defense Department is streamlining process procedures for individual security clearances. (Defense Systems, January 27, 2021). On 19 January, the Under Secretary of Defense issued a memorandum to “simplify, centralize and unify the established administrative process for unfavorable security clearance eligibility hearings and appeals. The memo directs DoD unit heads to allow applicants to: “cross-examine” those who made negative statements about them, and receive documentation on the administrative due process. However, all unit heads retain the ability to “deny or suspend” access to classified information or Special Access Programs if an individual is found to be “inconsistent with protecting the national security.” (ibid)

“The policy is effective upon DoD General Counsel (GC) certification to USD (I&S) that DOHA has prepared, but no later than September 30, 2022.” (ibid)

Was your application for a security clearance revoked and you are not sure what to do next? Give us a call.

Self-Assess No More

Cybersecurity for  Department of Defense (DoD) contractors is an ongoing issue. Now, DoD is issuing an interim rule to implement an Assessment Methodology and Cybersecurity Maturity Model Certification framework. This will assess contractor implementation of cybersecurity requirements and enhance the protection of unclassified information within the DoD supply chain. (Federal Register, DFARS Case 2019-D041 Action: Interim Rule)

The current self-attestation of NIST Special Publication (SP) 800-171 is not working due to a lack of DoD verification. Until the implementation of the interim rule, DoD did not have a mandate to verify contractor basic safeguarding or security requirements prior to contract award.  This regulation changes that. The interim rule adds a process for contractors to  implement cybersecurity requirements. This is to be accomplished while the DoD’s Cybersecurity Maturity Model Certification (CMMC) and the procedures with the Accreditation Body (AB) are solidified. (Meritalk, September 28, 2020)

Questions about how the new rule will affect your contract or upcoming bid and what you can expect? Give us a call.

Not a “tricky” October 31st Deadline

A Multiple Award Schedule deadline is fast approaching. All contractors must do the following to remain in compliance with the MAS Consolidation Mass Mod A812:

  1. Update your catalog in GSA Advantage
  2. Update your Price List (text file) (GSA Interact September 8, 2020)

To remain in GSA Advantage, your SIP or EDI catalog to the consolidated MAS SINs must be updated before October 31, 2020, or you risk disruption to your catalog status or access to eTools. To accomplish the update, see the SIP/EDI Catalog Update Guide. All catalog submissions must be approved by your CO. (ibid)

Additionally, all schedule holders must update their Price List (Text File) using the MAS Consolidation Price List Guide, organizing their contract offerings under the new SIN structure. (ibid)

To aid contractors with their updates, webinars are being offered as well as a Vendor Support Center Help Desk at vendor.support@gsa.gov or call 877-495-4849. (ibid)

Having trouble getting your questions answered? Give us a call.

Practical Applications on the Chinese Tech Ban

On 23 July, the Defense Department released a memo explaining requirements for companies and contractors when the ban of telecommunications equipment made by Huawei and other China-based companies goes into effect. (Federal Computer Week, July 27, 2020)

Beginning 13 August, no contracts will be issued or extended to contractors using technologies or services and equipment made by Hikvision, ZTE or those listed in section 889(a)(1)(B) of the National Defense Authorization Act (NDAA) for Fiscal Year 2019. Any contract, task/delivery order, and off-the-shelf items purchased after 13 August must include language invoking regulation for the ban. Additionally, indefinite delivery contracts are required to be modified. (ibid)

There is a waiver process, however, pursuable by agencies. According to Alan Dhvotkin PSC executive vice president and counsel, the waiver “will most likely begin with issues identified by the telecommunications provider to its federal agency customer. The federal agency then asks for an ODNI review, which will conduct a risk assessment.” A granted waiver lasts two years and may be requested at any time. (Federal Computer Week, July 22, 2020)

Have questions or need a waiver? Give us a call.

 

What Brand is Your Telcom and Video?

Section 889 of the FY 2019 National Defense Authorization Act was passed to fight national security and intellectual property threats to the United States.  The legislation includes two prohibitions Part A and Part B. (GSA Section 889 Industry Focused Flyer, GSA.gov, July 16, 2020)

Part A, which became effective on August 13, 2019 bans telecommunications/video surveillance equipment made by the following companies:

  • Huawei Technologies Company
  • ZTE Corporation
  • Hytera Communications Corporation
  • Hangzhou Hikvision Digital Technology Company
  • Dahua Technology Company

Part A can be found in the Federal Acquisition Regulation (FAR) at FAR subpart 2.1.

Part B, effective 13 August 2020, prohibits the government from contracting with any organization that uses equipment or services of any of the companies listed under Part A. Part B applies, whether or not that usage is in performance of work under a Federal contract. In other words, if you use any of the banned companies in the fulfillment of a  non-government contract, you will be prohibited from working with the government. All contractors must verify whether they do or do not use prohibited telecommunications/video surveillance equipment or services. Part B has been added to the Federal Acquisition Regulation (FAR) at FAR subpart 4.21. (ibid)

GSA recommends companies to complete an in-depth review of all in-house technology to rule out using banned companies in Part A . If prohibited equipment or services are being used, companies that wish to continue doing business with the government must eliminate them. GSA does not take responsibility for changes contractors make, unless done so by a modification to a current contract.

However, two possible waiver procedures with extremely high standards are available. This is to ensure waivers are not used to get “around” the prohibitions.

GSA is modifying all solicitations, Indefinite Delivery Vehicles (IDVs), GWACs, and other IDIQ contracts, to include Section 889 Part B requirements immediately. These requirements will be added to GSA’s existing non-IDV contracts as those contracts have their periods of performance extended.

GSA is hosting the following events so that industry may obtain additional guidance:

  1. The GSA Office of Small Business Utilization webinar on Section 889, July 30, 2020, 2:00 p.m. EST, registration may be found here.
  2. GSA recorded virtual webinar August 12, 2020, at 1:00 p.m. EST, registration forthcoming. This webinar will include leaders from GSA’s business lines explaining how they are implementing Section 889 into their business lines and panelists will answer pre-collected questions. (Questions may be sent to gsaombudsman@gsa.gov to arrive by COB August 5, 2020.) (ibid)

GSA recommends that vendors study the tools and publications to aid their understanding and compliance, as provided in Acquisition.gov.

Not certain if your contract is affected by Section 889 Part B and if so, what you can do? Give us a call.