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May 6, 2020 | International, Aerospace, Naval, Land, C4ISR, Security

Proposed rule banning Chinese tech needs to consider small contractors, senators warn

Andrew Eversden

Two U.S. senators called on the Office of Management and Budget to ensure that federal regulation banning the government's use of Chinese telecommunications technology include “explicit processes” to help small businesses with compliance.

In a May 4 letter sent to acting OMB Director Russ Vought, Sens. Marco Rubio, R-Fla., and Ben Cardin, D-Md., asked Vought to carefully consider to the needs of small businesses while the agency reviews a proposed rule.

The senators' concern is in response to a proposed rule under review by OMB implementing Section 889(a)(1)(B) of the fiscal 2019 defense policy law — a provision that bans federal agencies from procuring or doing business with companies using “covered telecommunications equipment or services" in an effort to block Chinese tech companies like Huawei and ZTE from entering the U.S. government's supply chain.

Rubio and Cardin are the top two senators on the Senate Committee on Small Business and Entrepreneurship.

According to the letter, OMB is currently reviewing the draft proposed rule, statutorily required to be implemented Aug. 13. Because smaller companies don't have access to the same resources as larger suppliers, they may need “more assistance and time,” the senators wrote. The pair called the guidance for small businesses “vita,l” given that small businesses make up about one-quarter of federal procurement, worth $120 billion.

“By providing these small firms with a clear path toward compliance and a reasonable time frame, we believe that the goal of securing the United States supply chain will be better achieved,” Rubio and Cardin wrote.

Outside interest groups representing federal contractors have also pushed Congress to delay the implementation of Part B of Section 889. In a joint letter in late March, the National Defense Industrial Association and the Professional Services Council asked Congress to delay the Aug. 13 date to February 2021. They also cited the ongoing coronavirus pandemic as reason for a delay.

“Part B will impose significant financial and operational costs on medium and small-sized firms at a moment of substantial uncertainty and hardship. While we agree that Part B addresses a significant problem in defense supply chains, and that additional measures are needed to protect [Department of Defense] information assets from covered equipment, COVID-19 has made the current implementation timeline infeasible,” the groups wrote.

The United States government alleges that Huawei's 5G technology allows for Chinese government espionage and poses a threat to national security. Senior U.S. officials have traveled the globe, urging allies not to include Huawei's technology in their 5G networks. But the effort has been largely unsuccessful, particularly after the United Kingdom announced in January it would allow Huawei to build noncritical pieces of its 5G network. That decision was met with scorn by lawmakers on Capitol Hill.

Still, Rubio and Cardin warned that OMB needs to produce the regulation cautiously and carefully.

“We are concerned that if the regulatory implementation language fails to adequately consider small businesses, this process could not only result in an ineffective implementation of the prohibition, but also be both harmful and costly to thousands of small federal contractors,” they wrote.

https://www.fifthdomain.com/congress/capitol-hill/2020/05/05/proposed-rule-banning-chinese-tech-needs-to-consider-small-contractors-senators-warn/

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  • Air Force begins in-house JSTARS maintenance amid Northrop Grumman’s shortfalls

    August 1, 2018 | International, Aerospace

    Air Force begins in-house JSTARS maintenance amid Northrop Grumman’s shortfalls

    By: Kyle Rempfer The Air Force began conducting its own depot maintenance for JSTARS July 17 at Robins Air Force Base, Georgia, in an effort to field the Air Force's primary ground surveillance and battle management aircraft quicker, despite contractor shortfalls. Maintenance for the E-8C Joint Surveillance Target Attack Radar System aircraft was previously done exclusively by Northrop Grumman at a facility in Louisiana, but the service has said the maintenance was too slow. Now, Warner Robins Air Logistics Complex will supplement the contractors to speed up the process. “Historically, the contractor has averaged about 400 days per aircraft,” Air Force Material Command spokesman Derek Kaufman told Air Force Times. “The driver has been to increase the number of aircraft available for operations and training. The Air Force intends to fly JSTARS into the mid-to-late 2020s, while the follow-on Advanced Battle Management System [ABMS] is developed," Kaufman said. The Air Force has not released exactly what the ABMS entails, but it will fuse information from satellites, drones, ground sensors and manned ISR aircraft. Because Robbins AFB is also playing host to the initial elements of the ABMS program, Kaufman said the base will continue to play a role in the command and control mission. In the meantime, maintenance delays for existing JSTARS must be streamlined, according to the press release announcing the push. “We've been focusing intensely for a couple of years on improving contractor-led depot performance, but aircraft are still remaining in depot too long,” said Steven Wert, the Air Force's program executive officer for battle management, who oversees these efforts. “We have to find ways to increase throughput and overall depot capacity, and we believe this option is well worth exploring.” The work done at the new facility will help the Air Force better understand the costs of performing JSTARS depot maintenance on its own. “Should this first organic induction prove successful, we currently plan two more JSTARS aircraft to be inducted, one per year,” Kaufman said. It's important to note that this maintenance plan is separate from efforts to retire the Air Force's fleet of 17 JSTARS. The 2019 defense authorization bill allocates funds for the ABMS program, but the Air Force will not be able to retire any of these planes until the second phase of that program is declared operational, according to Congress' bill. As a result, service officials are anxious to get more JSTARS into the air for operations and training while waiting to bring the ABMS program online. In addition to slow delivery, Northrop Grumman has had some issues with their maintenance in the past. An Air Force investigation released in March 2017 showed that contract maintainers left drainage holes covered on the bottom of a JSTARS' radome during depot maintenance between March 2015 and July 2016. This caused the radome to collect water and inflicted $7.35 million worth of damage to the aircraft. That damage was discovered on July 28, 2016, when the JSTARS aircraft assigned to the 116th Air Control Wing at Robins experienced radar failures during checks conducted by Air Force radar specialists. “When the specialists opened the radome for the radar, they discovered portions of the radar immersed in standing water with visible corrosion damage,” the report states. In the future, inducting more aircraft into the Air Force's own depot maintenance facility could offer some advantages, according to the service. The program office, operational wings, functional check flight crews and Air Combat Command's flight test detachment are all co-located at Robins. These locality benefits could help cut down on transportation costs. Additionally, start-up costs should be minimal because Robins already hosts the E-8C operational wings, according to the Air Force. “Our dedicated professionals and mission partners have extensive experience in overhauling and modifying large aircraft like the C-130, C-17 and C-5 fleet. I'm confident our team can leverage this experience and help the JSTARS community improve aircraft availability,” said Brig. Gen. John Kubinec, commander of Warner Robins Air Logistics Complex, in another press release. “Our team is excited about this opportunity and we stand ready to support this effort by working closely with the PEO and Northrop Grumman.” The Air Force still has an agreement with Northrop Grumman that runs through 2022, called a Total System Support Responsibility contract. The depot maintenance at Robins “would supplement, not supplant," the work being done by the existing contract, the Air Force clarified. “In fact, the Air Force will need Northrop's help to successfully execute this proof of concept,” according to the release. https://www.airforcetimes.com/news/your-air-force/2018/07/31/air-force-begins-in-house-jstars-maintenance-amid-northrop-grummans-shortfalls/

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