KASPERSKY LAB’S ALLEGED TIES TO KREMLIN LEAD TO INTERIM RULE CHANGE FOR GOVERNMENT CONTRACTS
In December of 2017, President Donald Trump signed legislation banning the use of Kaspersky Lab within the U.S. Government amid concerns of its vulnerability to the Kremlin and national security. This legislation comes on the heels of a report from GAO which signaled that the DOD had not put sufficient protections in place to prevent U.S. adversaries from misusing DOD electronic devices and internet capabilities. Around this same time, DHS officials had represented that almost all government agencies had done away with using Kaspersky products. The Kaspersky ban appears in Section 1634 of the 2018 NDAA.
On June 15, 2018, the Federal Acquisition Regulation Council introduced an interim rule to enforce the Homeland Security Department’s ban of the cybersecurity company Kaspersky Lab. [Federal Register Article]. The rule amends FAR part 4, adding a new subpart 4.20, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab, with a corresponding new contract clause at 52.204-23, “Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities,” in order to implement section 1634 of the NDAA for FY 2018.”
Lauren Brier is an Associate at The Federal Practice Group where she counsels and represents government contractors on a myriad of issues to include litigation before the various boards and the Court of Federal Claims.