Comment on FR Doc # 2026-12559

RFO Part 40/52.240-90 reduces 889 documentation requirements. Recommend GPC implement expectations to align with other contract actions. Specifically: 1.remove any expectation for merchants to overtly represent they “do not use …”, and 2.limit the expectation for merchants to represent they “do not sell …” only to purchases that involve covered telecommunications equipment or services and video surveillance services or equipment Justification: FAR 52.204-26 no longer exists. SAM.gov Representations and Certifications have dropped the 889(a)(1)(A) and (a)(1)(B) representations. New guidance at RFO 52.240-90 (c) says “Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit)— (1) It will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g); and (2) It does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services, except as waived by the solicitation, or as disclosed in paragraph (g).” Thus, the burden has transferred from overt representations to ‘by submission of its offer’. GPC should be able to reduce the administrative requirements in line with the rest of Contracting. Although GPC doesn’t technically work with offers, micro-purchase actions should not exceed other, higher dollar or more complex, processes. Also, RFO 12.201-1 directs use of RFQs below $9M, these aren’t technically offers either. RFO Part 12 applies the security prohibitions at 40.2 which doesn’t distinguish between quotes and offers. Background: RFO 12.401(b) “Micro-purchases do not require written provisions or clauses. This paragraph takes precedence over any other FAR requirement to the contrary but does not prohibit the use of any clause.” RFO 12.401(c) says the security prohibitions at subpart 40.2 apply...however, the provisions and clauses are not used for micro-purchases. RFO 40.202 Prohibitions "Agencies are prohibited from contracting...with contractors that operate, provide, and/or use certain products or services that violate:… (d) Telecommunications and Video Surveillance Equipment. (Paragraphs (a)(1)(A) and (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232))” RFO 40.204 Specific Procedures RFO 40.204-2 “Procedures on contracting for certain telecommunications and video surveillance services or equipment. Identifying covered telecommunications equipment or services. (a) Prohibitions on purchasing equipment, systems, or services produced or provided by entities identified in paragraphs (1) and (2) of the definition of “covered telecommunications equipment or services” (including known subsidiaries or affiliates) at 40.201 will be recorded in SAM (see 9.404). (b) Prohibitions on purchasing equipment, systems, or services produced or provided by entities identified in paragraph (4) of the definition of “covered telecommunications equipment or services” (including known subsidiaries or affiliates) at 40.201 are recorded by DoD in SAM (see 9.404).” Neither mentions merchants that use covered telecommunications… RFO 40.205(a) says Insert the provision at 52.240-90 in all solicitations. RFO 52.240-90 (c) “Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, … (1) It will not provide …; and (2) It does not use ...” Proposal- Since there is no longer an expectation of overt representations in the RFO, but there is still an expectation to "properly document" 889, we change micro-purchase (specifically GPC) processes to: 1.remove expectation for merchants to overtly represent they “do not use …”, and 2.limit the expectation for merchants to represent they “do not sell …” only to purchases that involve covered telecommunications equipment or services and video surveillance services or equipment.