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August 17, 2020 | International, C4ISR

Pentagon wins brief waiver from government’s Huawei ban

WASHINGTON ― The Trump administration is granting the Pentagon a temporary waiver of government-wide ban on contractors using Huawei and other Chinese-made telecommunications equipment, according to a memo obtained by Defense News.

The move offers a weeks-long reprieve, until Sept. 30, for firms doing business with the Department of Defense. The firms are among those still reeling from the economic effects of the coronavirus pandemic and who lobbied for more time to comply with new far-reaching regulations.

The original provision was to take effect Aug. 13. The administration had been finalizing regulations that would prohibit government contracting with companies whose supply chains contain products from five Chinese companies including Huawei, as mandated under of Section 889 of the 2019 National Defense Authorization Act.

The administration, confronting China on trade and a host of issues, has deemed Huawei an espionage threat.

Citing U.S. national security interests, Director of National Intelligence John Ratcliffe granted the Pentagon a temporary waiver to further assess a broader waiver request from DoD. The action came in a memo to Under Secretary of Defense for Acquisition and Sustainment Ellen Lord.<

The temporary waiver Lord sought was so DoD could continue to execute procurement actions that would, in part, equip and feed troops.

“You stated that DoD's statutory requirement to provide for the military forces needed to deter war and protect the security of out country is critically important to national security,” Ratcliffe said. “Therefore, the procurement of goods and services in support of DoD's statutory mission is also in the national security interests of the United States.”

While considering the broader waiver, Ratcliffe asked Lord share more information about potential increased risks, mitigation measures and a plan to contract with alternatives to the banned Chinese companies.

Contractors had been confused over an interim acquisition rule, agencies cannot award new contracts, task orders or modify existing contracts to any vendor who doesn't self-certify that they are not using products from Chinese companies like ZTE and Huawei, the Federal News Network reported this week.

Ratcliffe's memo is a win, albeit a temporary one, for defense contractors and trade associations representing them. They had hoped for a legislative fix in a new pandemic relief package ― but larger bipartisan talks had broken down.

The leaders of the National Defense Industrial Association and the Professional Services Council had called for the deadline for 889 implementation to move. They argued the focus should be on recovering from the fallout caused by the COVID-19 crisis. And citing the far-reaching implications of the government's rules, NDIA said companies should get a yearlong extension.

In May, Lord told lawmakers that contractors needed more time to comply with the government-wide ban or risk throwing the defense industrial base into disarray.

“The thought that somebody in six or seven levels down in the supply chain could have one camera in a parking lot and that would invalidate one of our major primes being able to do business with us gives us a bit of pause,” Lord testified at a House Armed Services Committee hearing.

https://www.defensenews.com/congress/2020/08/14/pentagon-wins-brief-waiver-from-governments-huawei-ban/

On the same subject

  • Pentagon finalizes first set of cyber standards for contractors

    February 3, 2020 | International, Aerospace, Naval, Land, C4ISR, Security

    Pentagon finalizes first set of cyber standards for contractors

    Mark Pomerleau The Pentagon has finalized the long anticipated cybersecurity standards contractors will have to follow before winning contracts from the Department of Defense, a new process called the Cybersecurity Maturity Model Certification (CMMC) 1.0. The model is a tiered cybersecurity framework that grades companies on a scale of one to five based on the level of classification and security that necessary for the work they are performing. &ldquo;The government and the contractor community must keep working together to address real and growing cybersecurity threats, and we need a robust response to protect our infrastructure, information, and supply chains,&rdquo; said David Berteau, president and chief executive of the Professional Services Council, a trade association for federal contractors. &ldquo;With today's announcement, DoD has achieved a significant milestone. Here's what industry officials need to know about the version finalized Jan. 31. Why it was needed Previously, the Pentagon did not have unified standard for cybersecurity that businesses needed to follow when bidding for contracts. Companies could claim to meet certain industry standards for cybersecurity, but those assertions were not tested by auditors, nor did the standards take into account the type of work a company was bidding to complete. Since then, defense officials have said that cybersecurity is not a one size fits all approach. In the meantime, adversaries have discovered it is easier to target unsuspecting down tier suppliers, rather than prime contractors. &ldquo;Adversaries know that in today's great power competition environment, information and technology are both key cornerstones and attacking a sub-tier supplier is far more appealing than a prime,&rdquo; Ellen Lord, the under secretary of defense for acquisition and sustainment, told reporters in a briefing at the Pentagon Jan. 31. Officials have said cyber theft by adversaries costs the United States about $600 billion a year. What will change? Contracts will mandate bidders reach a certain level of certification to win specific jobs. For example, if businesses aren't bidding on a contract that has extremely sensitive information, they must only achieve the first level of certification, which involves basic cybersecurity such as changing passwords and running antivirus software. More sensitive programs will require more stringent controls. Smaller companies down the supply chain will not, however, have to have the same level of certification as primes, said Katie Arrington, chief information security officer for the Office of the Under Secretary of Defense for Acquisition and the point person for the certification. Another significant change with the new process is the creation of an accreditation board and assessors. The board is an outside entity, separate from DoD, that will be charged with approving assessors to certify companies in the process. The accreditation body was formed earlier this month and officials are working on identifying and training the assessors, which will be called Certified Third-Party Assessment Organizations (C3PAO). What's next? Officials explained Jan. 31 that CMMC will follow a crawl, walk, run approach to ensure companies aren't unprepared for the change. The accreditation board is in the process of training the auditors that will oversee the certificaion. Once the requirements are met, a company's certification is good for 3 years. In the meantime, DoD plans to release 10 requests for information and 10 requests for proposals that will include the new cyber standards this year. The first solicitation could come as early as June. Arrington said earlier this week that she expects 1,500 companies to be certified by the end of 2021. She added that all new contracts starting in fiscal year 2026 will contain the cybersecurity requirements, however, Lord noted that they will not be not retroactive to previous contracts. https://www.fifthdomain.com/dod/2020/01/31/pentagon-finalizes-first-set-of-cyber-standards-for-contractors/

  • Vietnam boosts defence cooperation with Canada, Australia

    June 18, 2020 | International, Aerospace, Naval, Land, C4ISR, Security

    Vietnam boosts defence cooperation with Canada, Australia

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    October 3, 2022 | International, Naval

    Aselsan, Sefine team up again on uncrewed electronic warfare vessel

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