NEW WEBSITE TO LIST PROHIBITED PRODUCTS, SERVICES

Taking security and supply chain risk management a step further, the federal government is poised to stand up a new website that will list both products and services that contractors are prohibited from providing to federal agencies.  The Federal Acquisition Security Council (FASC) will manage the new site, which will list both items and services that must be removed from current contracts as well as those that will be banned moving forward.  Contractors must pay attention to this new site and ensure that it is routinely monitored.  “Let’s just be blunt about what we’re talking about: taking companies potentially off of the ability to bid for federal contracts and ripping technology out of current environments, potentially,” said federal Chief Information Security Officer Chris DeRusha at a recent industry gathering.  The FAR Council issued an interim rule (https://www.federalregister.gov/documents/2023/10/05/2023-21320/federal-acquisition-regulation-implementation-of-federal-acquisition-supply-chain-security-act) last week laying out how contractors will need to comply with orders from the FASC.  Although no specific products or services have yet been listed, contractors can expect a significant expansion from the companies and technologies already prohibited by Section 889 requirements.  It may be a best practice to review supply chains now and identify potential vulnerabilities.  The interim rule specifically states that the new site will list items and services that could potentially “…lead to data and intellectual property theft, damage to critical infrastructure, harm to federal information systems, and otherwise degrade our national security.”  The FAR Council is seeking comment on the interim rule until early December, with the new site expected to go live on December 4th.  Contractors supplying information technology solutions or that support the intelligence community should pay particularly close attention and consider submitting comments.