[Federal Register: June 3, 2009 (Volume 74, Number 105)]
[Proposed Rules]
[Page 26646-26647]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn09-24]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 12, 39, and 52
[FAR Case 2008-019; Docket 2009-0018; Sequence 1]
RIN: 9000-AL11
Federal Acquisition Regulation; FAR Case 2008-019, Authentic
Information Technology Products
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Advanced Notice of Proposed Rulemaking; notice of public
meetings.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are hosting six public
meetings to continue a dialogue with industry and Government agencies
about ways to develop greater assurances regarding the authenticity of
information technology (IT) products acquired by the Government. The
public meetings will include dialogues on the impact of counterfeit IT
products on matters of performance and security; contractor liability
and consequential damages; competitiveness issues associated with
procuring IT products from the original equipment manufacturer or
authorized distributor; identifying viable means of authenticating IT
products; and contractor supply chain risk management requirements as
an evaluation factor in the procurement of IT products.
DATES: See Supplementary Information section for public meeting dates.
ADDRESSES: See Supplementary Information section for public meeting
addresses.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775 for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAR case 2008-
019.
SUPPLEMENTARY INFORMATION:
A. Public Meeting Dates
1. June 23, 2009, 9 a.m. to 3 p.m., EST.
2. July 15, 2009, 9 a.m. to 3 p.m., EST.
3. July 22, 2009, 9 a.m. to 3 p.m., EST.
4. July 29, 2009, 9 a.m. to 3 p.m., EST.
5. August 5, 2009, 9 a.m. to 3 p.m., EST.
6. August 12, 2009, 9 a.m. to 3 p.m., EST.
B. Public Meeting Addresses
1. The meetings for June 23 and July 15 will be conducted at
General Services Administration (GSA), 1800 F Street, NW, Washington,
DC 20405, in the GSA Auditorium.
2. The subsequent meetings, July 22, July 29, August 5, and August
12 will be conducted at General Services Administration (GSA), 1800 F
Street, NW, Washington, DC 20405, in Room 5141B.
Interested parties are encouraged to arrive at least 30 minutes
early to accommodate security procedures.
If you wish to make a presentation on any of the topics, please
contact and
[[Page 26647]]
submit a copy of your presentation 5 days prior to the meeting date, to
General Services Administration, Contract Policy Division (VPC), 1800 F
Street, NW, Room 4040, Attn: Ernest Woodson, Washington, DC 20405.
Telephone: (202) 501-3775.
Submit electronic materials via e-mail to ernest.woodson@gsa.gov.
Please submit presentations only and cite Public Meeting Authentic IT
Products Continued Dialogue, in all correspondence related to the
public meetings. The submitted presentations will be the only record of
the public meeting. After the July 15, 2009 meeting, all subsequent
meetings are subject to be cancelled. For that reason, all interested
parties should contact Ernest Woodson after July 15, 2009, to verify
that subsequent meetings are being held.
Special Accommodations: The public meetings are physically
accessible to people with disabilities. Request for sign language
interpretation or other auxiliary aids should be directed to Ernest
Woodson at (202) 501-3775, at least 5-working days prior to the meeting
date.
C. Background
On December 11, 2008, the Councils conducted a public meeting, (see
Federal Register notice at 73 FR 68373 on November 18, 2008) to seek
comments from both Government and industry, on among other things,
whether the Federal Acquisition Regulation (FAR) should be revised to
include a requirement that contractors selling information technology
(IT) products (including computer hardware and software) represent that
such products are authentic. The Councils were interested in comments
regarding contractor liability if IT products sold to the Government by
contractor are not authentic, and whether contractors who are resellers
or distributors of computer hardware and software should represent to
the Government that they are authorized by the original equipment
manufacturer (OEM) to sell the IT products to the Government. The
Councils also sought comments on (1) whether the measures contemplated
above should be extended to other items purchased by the Government;
and (2) whether the rule should apply when IT is a component of a
system or assembled product.
The public meetings contemplated by this notice will continue a
dialogue with industry and Government agencies on the impact of
counterfeit IT products on matters of performance and security;
contractor liability and consequential damages; competitiveness issues
associated with procuring IT products from the original equipment
manufacturer or authorized distributor; identifying viable means of
authenticating IT products; and contractor supply chain risk management
requirements as an evaluation factor in the procurement of IT products.
The meetings are intended to provide for an exchange of information and
ideas that may be used to assist in developing greater assurance around
IT products acquired by the Government.
List of Subjects in 48 CFR Parts 2, 4, 12, 39, and 52
Government procurement.
Dated: May 29, 2009
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E9-12927 Filed 6-2-09; 8:45 am]
BILLING CODE 6820-EP-S