Monday, June 5, 2023

FAR Interim Final Rule for FASC Exclusion Orders to OMB -

On Friday, the OMB’s Office of Information and Regulatory Affairs announced that it had received a Federal Acquisition Regulation (FAR) interim final rule “FAR Case 2020-011, Implementation of FASC Exclusion Orders”. The rule would implement requirements of §202 of the SECURE Technology Act (PL 115-390).

According to the Fall 2022 Unified Agenda entry for this rulemaking:

This rule will amend the Federal Acquisition Regulation (FAR) to address implementation of issued exclusion orders authorized by section 202 of the SECURE Technology Act (115 Pub. L. 390), which amends 41 U.S.C. 1323 by creating the Federal Acquisition Security Council (FASC) and authorizing the Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence to issue exclusion orders, upon the recommendation of the FASC. These orders are issued to protect national security by excluding certain covered products, services, or sources from the Federal supply chain.

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