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ARTICLE · 13 AUGUST 2019

Agencies Release Interim Final Rule Implementing First Phase of 2019 NDAA Section 889

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On August 7, the DOD, GSA, and NASA released a prepublication version of an Interim Final Rule implementing paragraph (a)(1)(A) of § 889 of the 2019 NDAA.

United StatesGovernment, Public Sector
Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP
Angela B. Styles
Angela B. Styles
Scott M. Heimberg
Scott M. Heimberg
Thomas P. McLish
Thomas P. McLish
Kevin Wolf
Kevin Wolf
Thomas McCarthy
Thomas McCarthy
Shiva Aminian
Shiva Aminian
Chris Chamberlain
Chris Chamberlain
Christopher Treanor
Christopher Treanor
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Key Points

  • On August 7, the DOD, GSA, and NASA released a prepublication version of an Interim Final Rule implementing paragraph (a)(1)(A) of § 889 of the 2019 NDAA. The rule is effective next Tuesday, August 13, 2019.
  • Among its other notable provisions, the rule (1) adds new definitions of "critical technology" and "substantial or essential component"; (2) sets forth determinations necessary to apply the new rule's restrictions to acquisitions (a) below the SAT, and for (b) Commercial Items, and (c) COTS items; and (3) imposes one-day and 10-day reporting requirements in the event contractors discover the use of covered equipment or services in the course of contract performance.

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