On January 14, 2021 the : Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published in the Federal Register a final rule [FAC 2021–03; FAR Case 2017–018; Item I; Docket No. FAR–2017–0018; Sequence No. 1] adopting with changes, an interim rule amending the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act for Fiscal Year 2017 that addresses measures against persons involved in activities that violate arms control treaties or agreements with the United States.
The final rule:
1. Clarifies, at FAR 9.405, the effect of an ineligibility determination under 22 U.S.C. 2593e. Conforming changes are made at FAR 9.400(b) and 9.405–2(a).
2. Enumerates causes of suspension and debarment at FAR 9.406–2(b)(1)(vii) and 9.407–2(a)(9).
3. Clarifies at FAR 9.406–4(a)(1)(iii) that the minimum period of debarment of not less than two years, as statutorily mandated by 22 U.S.C. 2593e, for violation of arms control treaties or agreements with the United States is inclusive of any suspension period, if suspension precedes the debarment per FAR 9.406–4(a)(2). A conforming change is also made at FAR 9.109–4(d).
4. Corrects the threshold at FAR 52.209–13 regarding application of the certification requirement.
The final rule is effective February 16, 2021.
