Federal Acquisition Safety Council accepts feedback on the tentative ultimate rule on data know-how provide chain threat
November 2, 2020 is the deadline for commenting on the Federal Acquisition Security Council (“FASC”) interim final rule (the “Interim Final Rule”) implementing the Federal Acquisition Supply Chain Security Act of 2018 (the “2018 Act”).
The FASC was established by the 2018 law. As the executive interagency council, FASC has the role of recommending that other federal agencies exclude or remove certain “sources” (i.e., non-state suppliers or potential suppliers of products or services) and remove future procurements of items “(i.e., information technology, including cloud Computing services, telecommunications equipment or services, certain processing of information in a federal or non-federal information system, or hardware, systems, devices, software, or services that contain embedded or random information technology); . The exclusion and removal orders recommended by the FASC are intended to reduce the supply chain risk, that is, the risk of surveillance, denial, disruption or tampering with the Covered Technology or the information stored or transmitted by the Covered Technology. FASC orders are reviewed by designated federal officials who can then issue exclusion and deportation orders that apply to federal authorities in their jurisdiction in accordance with the procedures provided for in the 2018 Act.
The provisional final rule, which was issued by the FASC on September 1, 2020, provides for the following: (i) Establishing membership in the FASC and the role of the FASC’s information exchange agency, (ii) Establishing binding and voluntary criteria for the exchange of information for federal authorities (together with associated information protection requirements) and (iii) Identify the criteria and procedures that the FASC will use to assess relevant risks in the supply chain and recommend removal and exclusion instructions (along with a procedure for exemption requests).
Formal comments on the provisional closing rule can be submitted until November 2, 2020.