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2012 Procurement Review--Statutes, Regulations, Executive Orders



Contents

                           

    Statutes       

Executive Orders and Related Publications

In a Memorandum of February 21, 2012, the President directed federal agencies to take various steps to increase federal government procurement of biobased and sustainable products.

Executive Order 13627 required the FAR to be amended to include a set of provisions described in the Order in order to strengthen the protections in the FAR against trafficking in persons in federal contracting.  

Regulations

Federal Acquisition Regulation (FAR)

Federal Acquisition Circulars (FAC)  

FAC 2005-55

Federal Acquisition Circular (FAC) 2005-55 includes the following  six items:

FAR Case 2008-032 ("Preventing Abuse of Interagency Contracts"): A final rule adopted (with changes) the prior interim rule amending FAR Subpart 17.5 to implement a section of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 to prevent abuse of interagency contracts by (i) broadening the coverage to address all interagency acquisitions that result in a contract action (except FSS orders under $500,000); (ii) requiring agencies to support the decision to use an interagency acquisition with a determination that such action is the "best procurement approach"; and (iii) directing that assisted acquisitions be accompanied by written agreements between the requesting agency and the servicing agency documenting the roles and responsibilities of the respective parties. 

FAR Case 2011-021 ("Transition to the System for Award Management (SAM)"): A final rule amended the FAR to update certain definitions and clauses pertaining to three procurement systems included in the Integrated Acquisition Environment ( Central Contractor Registration database, the Excluded Parties List System, and the Online 
Representations and Certifications Application) which (along with the Disaster Response Registry) will now be accessed through a single web site.

FAR Case 2005-037 ("Brand Name Specifications"): A final rule adopted, with changes, a prior interim rule and amends the FAR to implement three prior OMB memoranda on brand-name specifications. 

FAR Case 2009-043 ("Time-and-Materials and Labor-Hour Contracts for Commercial Items"): A final rule implemented various GAO recommendations: (i) to ensure that time-and-materials and labor-hour contracts are used to acquire commercial services only when no other contract type is suitable; and (ii) to instill discipline in the determination of contract type in order to manage the risk to the Government.

FAR Case 2010-016 ("Public Access to the Federal Awardee Performance and Integrity Information System"): A final rule adopted, with changes, the prior interim rule amending the FAR to implement a section of the Supplemental Appropriations Act, 2010, which requires that the information in the Federal Awardee Performance and Integrity Information System (FAPIIS), excluding past performance reviews, be made publicly available. A subsequent correction  established that there will be a 14-calendar-day delay in the posting information submitted for the publicly available segment of FAPIIS. 

FAR Case 2010-005 ("Updated Financial Accounting Standards Board Accounting References"): A final rule amended the FAR to update references to authoritative accounting standards owing to FASB's Accounting Standards Codification of GAAP. 

FAC 2005-56

Federal Acquisition Circular (FAC) 2005-56 includes the following seven items plus technical amendments:

FAR Case 2010-015 ("Women-Owned Small Business (WOSB) Program"): A final rule adopted, with changes, the interim rule amending the FAR to implement the SBA's regulations establishing the WOSB program, specifically to authorize the restriction of competition for federal contracts in certain industries to economically disadvantaged women-owned small business (EDWOSB) concerns or WOSB concerns eligible under the WOSB program. 

FAR Case 2008-030 ("Proper Use and Management of Cost-Reimbursement Contracts"): A final rule adopted, with changes, the interim rule amending the FAR to implement a section of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 that addresses the use and management of cost-reimbursement contracts, including ensuring that a properly certified and trained Contracting Officer's Representative (COR) be appointed to assist the Contracting Officer in the administration of such contracts, unless agency procedures require the Contracting Officer to perform all such duties.

FAR Case 2007-012 ("Requirements for Acquisitions Pursuant to Multiple-award Contracts"): A final rule adopted, with changes, the interim rule amending the FAR to implement a section of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 to enhance competition in the purchase of supplies and services by all executive agencies under multiple-award contracts. Specifically, the threshold amount in FAR 8.405-3(a)(7)(v) is changed to read $103 million, and the following language has been added as FAR 8.405-3(c)(3): "‘The ordering activity is responsible for considering the level of effort and the mix of labor proposed to perform a specific task being ordered, and for determining that the total price is reasonable through appropriate analysis techniques, and documenting the file accordingly."

FAR Case 2011-004  ("Socioeconomic Program Parity"): A final rule adopted, with changes, the interim rule amending the FAR to implement a section of the Small Business Jobs Act of 2010 that clarifies that there is no order of precedence among the small business socioeconomic contracting programs and that contracting officers may exercise discretion when determining whether an acquisition will be restricted to small businesses participating in the 8(a) Business Development Program (8(a)), Historically Underutilized Business Zones (HUBZone) Program, Service-Disabled Veteran-Owned Small Business (SDVOSB) Program, or the WOSB Program. 

FAR Case 2012-002  ("Trade Agreements Thresholds"): A final rule amended the FAR to incorporate adjusted thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative.

FAR Case 2011-030  ("New Designated Country (Armenia) and Other Trade Agreements Updates"): A final rule amended the FAR (i) to add Armenia as a designated country, due to the accession of Armenia to membership in the World Trade Organization Government Procurement Agreement and (ii) to update the lists of countries that are parties to the Agreement on Trade in Civil Aircraft. 

FAR Case 2010-009 ("Government Property"): A final rule amended the FAR to clarify requirements concerning reporting, reutilization, and disposal of government property, by, inter alia, (i) adding a definition of "surplus property" at FAR 2.101; (ii) defining "loss of Government property" at FAR 45.101; (iii) using the term "loss" consistently in lieu of "loss, damage, destruction, or theft"; (iv) clarifying, and distinguished among, the responsibilities and authorities of the contracting officer, property administrator, plant clearance officer, and contractor; (v) reorganized and clarifying procedures and responsibilities for disposal of government property (see FAR subpart 45.6); and (vi) clarifying and updating the government property clause at FAR 52.245–1 to conform with revisions to FAR part 45.

Subsequently, numerous corrections were issued to the original publications of the final rules related to (i) FAR Case 2010-015 (Women-Owned Small Business (WOSB) Program) and (ii) FAR Case 2011-030 (New Designated Country (Armenia) and Other Trade Agreements Updates).

FAC 2005-57

FAC  2005-56 includes only the following item:

FAR Case 2012-004 ("United States-Korea Free Trade Agreement"): An interim rule amended FAR Part 25 (and corresponding clauses in Part 52) to implement the United States-Korea Free Trade Agreement (see the United States-Korea Free Trade Agreement Implementation Act (Pub. L. 112–41) (19 U.S.C. 3805 note)). 

FAC 2005-58

FAC 2005-58 includes the following three items (plus technical amendments):

FAR Case 2010-004 (Biobased Procurements): A final rule amended the FAR to implement changes (due to the Farm Security and Rural Investment Act) that require contractors to report the biobased products purchased under service and construction contracts, which will enable agencies to monitor compliance with the federal preference for purchasing biobased products. 

FAR Case 2010-018 (Representation Regarding Export of Sensitive Technology to Iran): A final rule adopted, with changes, the prior interim rule amending the FAR to add a representation to implement section 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, which imposes a procurement prohibition relating to contracts with persons that export certain sensitive technology to Iran.

FAR Case 2009-038 (Justification and Approval of Sole-Source 8(a) Contracts): A final rule adopted (without change) the prior interim rule amending the FAR to implement a section of the National Defense Authorization Act for Fiscal Year 2010, which  requires the head of an agency to execute (and make public prior to award) the justification for an 8(a) sole-source contract in an amount exceeding $20 million.

FAR Case 2011-019: A proposed FAR revision would remove references to specific paragraphs in superseded Financial Accounting Standard 106  from FAR 31.205-6 (Compensation for Personal Services) because they are obsolete.

FAC 2005-59

FAC 2005-59 includes the following three items:

FAR Case 2012-013 (Prohibition on Contracting With Inverted Domestic Corporations): An interim rule amended the FAR to implement a section of the Consolidated Appropriations Act, 2012, which prohibits the award of contracts using appropriated funds to any foreign incorporated entity that is treated as an inverted domestic corporation or to any subsidiary of such an entity. 

FAR Case 2012-012 (Free Trade Agreement--Columbia): Another interim rule amended the FAR to implement the United States-Colombia Trade Promotion Agreement, which provides for mutually non-discriminatory treatment of eligible products and services from Colombia. Comments are due by July 9.

FAR Case 2012-003 (Revision of Cost Accounting Standards Threshold): A final rule amended the FAR to revise the threshold for the applicability of cost accounting standards (by substituting "$700,000" for "$650,000" in several FAR sections and clauses) in order to implement a recent rule of the Cost Accounting Standards Board and statutory requirements. 

FAC 2005-60

FAC 2005-60 includes the following five items, plus technical amendments:

FAR Case 2008-039 (Reporting Executive Compensation and First-Tier Subcontract Awards): A final rule adopted, with changes, the interim rule amending the FAR to require contractors to report executive compensation and first-tier subcontractor awards on contracts of $25,000 or more.

FAR Case 2011-003 (Payments Under Time-and-Materials and Labor-Hour Contracts): A final rule amended sections in Parts 16, 32, and 52 of the FAR to make necessary revisions to accommodate the authorization to use time-and-materials and labor-hour contract payment requirements.

FAR Case 2012-007 (Extension of Sunset Dates for Protests of Task and Delivery Orders): An interim rule amended the FAR to extend the sunset date for protests against the award of task or delivery orders to September 30, 2016.

FAR Case 2012-019 (DARPA--New Mexico Tax Agreement): A final rule amended the FAR to to add the United States Defense Advanced Research Projects Agency (DARPA) to the list of agencies that have entered into separate tax agreements with the State of New Mexico (NM), in order to eliminate the double taxation of government cost-reimbursement contracts when DARPA contractors and their subcontractors purchase tangible personal property to be used in performing services in whole or in part in the State of New Mexico, and for which title to such property will pass to the United States upon delivery of the property to the contractor and its subcontractors by the vendor. 

FAR Case 2011-022 (Clarification of Standards for Computer Generation of Forms): A final rule amended the FAR to remove any reference to Federal Information Processing Standard (FIPS) 161 and to codify requirements for standards already in use.

The FAR Council also made editorial changes to certain sections in FAR Parts 1, 22, and 52.

FAC 2005-61

FAC 2005-61 includes the following four items plus technical amendments:

FAR Case 2012-004 (United States-Korea Free Trade Agreement): A final rule implemented, without change, the prior interim rule amending the FAR to implement the United States-Korea Free Trade Agreement and to lower the procurement threshold for The Republic of Korea, which is already a  party to the World Trade Organization Government Procurement Agreement. 

FAR Case 2012-026 (DoD Industrial Preparedness Program): A final rule amended the FAR to delete outdated references to the obsolete DoD Industrial Preparedness Program. 

FAR Case 2012-021 (NAICS and Size Standards):  A final rule amended the FAR to clarify that new NAICS codes are not available for use in federal contracting until the SBA publishes corresponding industry size standards.

FAR Case 2012-008 (Bid Protest and Appeal Authorities): A final rule amended FAR Part 33:   (i) to note that there are other federal-court related protest authorities and dispute-appeal authorities that are not covered by FAR Part 33; and (ii) to provide contracting officers with appropriate references to their office of legal counsel and the Web site for the rules of the U.S. Court of Federal Claims. 

FAC 2005-62

FAC 2005-62 includes the following three items:

FAR Case 2010-014 (Updates to Contract Reporting and Central Contractor Registration): A final rule amended the FAR (i) to limit the use of generic substitutes  for DUNS numbers, (ii) to update the policies and procedures associated with reporting in the Federal Procurement Data System (FPDS), and (iii) to change the clauses requiring (a) contractor registration in the CCR database and (b) DUNS number reporting. 

FAR Case 2012-010 (Interagency Acquisitions-Compliance by Nondefense Agencies with Defense Procurement Requirements): An interim rule implemented a section of the National Defense Authorization Act for Fiscal Year 2008, with later amendments, by amending FAR Parts 4 and 17 to add new requirements specific to the acquisition of supplies and services by nondefense agencies on behalf of DoD. 

FAR Case 2012-027 (Free Trade Agreement-Panama): An interim rule amended the FAR to implement the United States-Panama Trade Promotion Agreement, which provides for mutually non-discriminatory treatment of eligible products and services from Panama. 

FAC 2005-63

Federal Acquisition Circular ("FAC") 2005-63 includes only the following item:

FAR Case 2012-030: An interim rule amended the FAR to implement the expansion of sanctions relating to the energy sector of Iran and sanctions with respect to Iran’s Revolutionary Guard Corps, as contained in Titles II and III of the Iran Threat Reduction and Syria Human Rights Act of 2012.

FAC 2005-64

Federal Acquisition Circular ("FAC") 2005-64 consists of the following item:

FAR Case 2011-028 ("Nondisplacement of Qualified Workers Under Service Contracts"): Effective for solicitations issued on or after January 18, 2013, this final rule added a new subpart 22.12 to the FAR concerning the nondisplacement of qualified workers under service contracts (see also  simultaneously published Department of Labor announcement). In addition, Contracting officers are expected to work with their existing service contractors (i) to bilaterally modify their contracts, to the extent feasible, to include the new clause at FAR 52.222–17 covering these requirements, or, as an alternative, (ii) to enter into bilateral modifications under which contractors agree to perform paragraph (d) of the new clause, which: (i) informs the existing predecessor contractor’s workforce of their right of first refusal, and (ii) provides the list of service employees to the Contracting Officer no less than 30 days before contract completion.

Other Proposed FAR Revisions

FAR Case 2011-028: A proposed rule would amend the FAR to implement Executive Order  13495 and the related DOL regulations concerning the nondisplacement of qualified workers on successor service contracts.

FAR Case 2011-019: Another proposed FAR revision would remove references to specific paragraphs in superseded Financial Accounting Standard 106  from FAR 31.205-6 (Compensation for Personal Services) because they are obsolete. 

FAR Case 2012-018: A proposed rule would amend a cross reference in FAR 15.404–1(b)(2)(i) in order to clarify the use of a price analysis technique to help establish a fair and reasonable price when when two or more responsible offerors, competing independently, submit priced offers that satisfy the Government’s expressed requirement.

FAR Case 2011-025 (Changes to Time-and-Materials and Labor-Hour Contracts and Orders): A proposed rule would amend the FAR to provide additional guidance when raising the ceiling price or otherwise changing the scope of work for a time-and-materials  or labor-hour contract or order.

FAR Case 2011-029: A proposed rule would amend the FAR to implement governmentwide requirements in National Defense Authorization Acts that establish minimum processes and requirements for the selection, accountability, training, equipping, and conduct of personnel performing private security functions outside the United States.

FAR Case 2012-015: A proposed rule would revise paragraph (b)(2) of FAR 19.502–2 ("Total small business set-asides") to clarify that contracting officers shall set aside acquisitions for research and development  in excess of the simplified acquisition threshold when the market research conducted in accordance with FAR Part 10 indicates there are small businesses capable of providing the best scientific and technological approaches.

FAR Case 2011-020: A proposed rule would amend the FAR to add a subpart 4.17 and a contract clause for the basic safeguarding of contractor information systems that contain information provided by, or generated for, the Government (other than public information), which will be resident on, or transiting through, contractor information systems.

FAR Case 2012-009: A proposed rule would amend Part 42 of the FAR (and various other sections of the FAR that refer to that Part) (i) to provide governmentwide standardized past performance evaluation factors and performance rating categories and (ii) to require that past performance information be entered into the Contractor Performance Assessment Reporting System (CPARS).

FAR Case 2011-018: A proposed rule would make amendments throughout the FAR to conform its citations to the recent re-codification of 41 U.S.C. ("Public Contracts"). Subsequently, a correction to the original proposal was published.

FAR Case 2012-031: A proposed rule would amend the FAR to implement the temporary policy announced in OMB Policy Memorandum M-12-16 by adding a new clause to provide for accelerated payments to small business subcontractors.

Department of Defense FAR Supplement (DFARS)

Final Rules

DFARS Case 2011-D034: DoD adopted as final, without change, an interim rule amending the DFARS to  establish a pilot program to assess the feasibility of acquiring military-purpose nondevelopmental items using streamlined procedures.

DFARS 2010-D011: DoD adopted a final rule requiring "major contractors" (i.e., those whose covered segments allocated a total of more than $11,000,000 in IR&D/Bid and Proposal (B&P) costs to covered contracts during the preceding fiscal year) to report IR&D projects to the Defense Technical Information Center (DTIC) using the DTIC’s on-line input form and instructions at this site

DFARS 2011-D057: Another final rule amended the DFARS to add Armenia as a World Trade Organization Government Procurement Agreement country and a designated country, due to the accession of Armenia to membership in the World Trade Organization Government Procurement Agreement.

DFARS Case 2012-D005: DoD  amended the DFARS to to incorporate adjusted thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative. Additionally, this rule includes language in prescriptions for use of contract clauses intended to clarify their applicability to commercial items.

DFARS Case 2011-D033: DoD adopted as final, without change, an interim rule amending the DFARS (i) to implement those sections of the National Defense Authorization Acts for Fiscal Years 2010 and 2011, providing increased authorities to reduce or deny award fees to companies found to jeopardize the health or safety of Government personnel and (ii) to modify the requirement that information on the final determination of award fee be entered into the Federal Awardee Performance and Integrity Information System (FAPIIS).

DFARS Case 2009-D038: DoD adopted as final, with changes, an interim rule amending the DFARS to improve the effectiveness of DoD oversight of contractor business systems. 

DFARS Case 2012-D024: DoD amended the DFARS to extend the date for submittal of applications under the DoD Mentor-Protégé Pilot Program for new mentor-protégé agreements to September 30, 2015 and the date mentors may incur costs and/or receive credit towards fulfilling their small business subcontracting goals through an approved mentor-protégé agreement to September 30, 2018.

DFARS Case 2012-D026: DoD amended the DFARS extend the program period for the DoD Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans through December 31, 2014. 

DFARS Case 2011-D041: A final rule amended the DFARS (i) to require higher-level approval for commercial item determinations for acquisitions exceeding $1 million when the determination is based on "of a type" or "offered for sale" language contained in the definition of commercial item and (ii) to clarify approval requirements for determinations for acquisitions of services exceeding $1 million, which utilize Part 12 procedures but which do not meet the definition of "commercial item." 

DFARS Case 2012-D018: A final rule reduced the threshold for DoD peer reviews of noncompetitive contracts from the prior level of $1 billion to $500 million. 

DFARS Case 2011-D048: A final rule amended the DFARS to separate provisions and clauses that are currently combined in order to comply with DFARS drafting conventions concerning the distinction between (i) solicitation provisions that are not part of the resulting contract and (ii) contract clauses.

DFARS Case 2012-D020: A final rule amended the DFARS to remove a congressional notification requirement for single source task-order or delivery-order contract awards over $103 million. 

DFARS Case 2012-D023: This final rule amended the DFARS to implement the requirement in the National Defense Authorization Act for Fiscal Year 2012 to report to the congressional defense committees before issuing a waiver of the prohibition on acquisition of United States Munitions List items from Communist Chinese military companies.

DFARS Case 2012-D014: This final rule amended the DFARS to require additional planning, monitoring, and executing activities for 
contract closeouts when the contracts are awarded for performance in contingency areas.

DFARS Case 2012-D002: This final rule amended the DFARS to establish an order for application of contract modifications to resolve any potential conflicts that may arise from multiple modifications with the same effective date. 

DFARS Case 2011-D046: This final rule, implemeneds (with a change) the prior interim rule amending the DFARS to implement a section of the National Defense Authorization Act for Fiscal Year 2011, which provides that photovoltaic devices to be utilized in performance of any covered contract shall comply with the Buy American statute, subject to the exceptions provided in the Trade Agreements Act of 1979 or otherwise provided by law.

DFARS Case 2011-D023: DoD adopted as final, with changes, an interim rule amending the DFARS to implement those sections of several National Defense Authorization Acts which establish minimum processes and requirements for the selection, accountability, training, equipping, and conduct of personnel performing private security functions under DoD contracts. 

DFARS Case 2012-D003: A final rule amended the DFARS to conform statutory titles throughout the DFARS to the new Positive Law Codification of Title 41, United States Code, "Public Contracts."

DFARS Case 2011-D047: Another final rule amended the DFARS to clarify that DoD policies relating to the use of material containing hexavalent chromium also apply to acquisitions involving commercial items.

DFARS Case 2012-D043: This final rule amended the DFARS to add the Czech Republic as a "qualifying country."

DFARS Case 2011-D013: This final rule amended the DFARS (i) to address acquisitions using competitive procedures in which only one offer is received and (ii) to implement a DoD Better Buying Power initiative. 

DFARS Case 2011-D052: This final rule amended the DFARS (i) to update the form used by contractors to request shipping instructions and the associated contract clause and clause prescription in order to cover both commercial and Government bills of lading, and (ii) to relocate the coverage within the DFARS.

DFARS Case 2011-D027: Another final rule amended the DFARS to update policies on the submission of payment requests and receiving reports in electronic format.

DFARS Case 2011-D049: DoD amended the DFARS to clarify the requirements for the Canadian Commercial Corporation to submit data other than certified cost or pricing data. 

A technical amendment to the DFARS added a section 203.806 to provide an address for reporting suspected lobbying violations.

DoD made a couple of technical amendments to the DFARS, including adding a paragraph (d)(1)(vii) to clause 252.204–7007, Alternate A ( Annual Representations and Certifications) which was inadvertently removed from the C.F.R. with the publication of DFARS Case 2011–D048 (77 Fed. Reg. 19128).

DFARS Case 2011-D054: A final rule amended the DFARS to update DoD’s voucher processing procedures and better accommodate the Wide Area WorkFlow used to process vouchers.

DFARS Case 2012-D016: A final rule adopted, without change, the interim rule amending the DFARS to implement a section of the National Defense Authorization Act for Fiscal Year 2012 that requires adjustment of the statutory dollar limitation on the acquisition of right-hand drive passenger sedans. 

DFARS Case 2012-D001: A final rule amended the DFARS to revise and standardize reporting requirements for government-furnished property.

DFARS Case 2012-D045: Effective January 30, 2013, a final rule revised the DFARS subpart 202.101 definitions of "contracting activity" and "departments and agencies." 

DFARS Case 2011-D040: A final rule revised the DFARS to clarify the distinction between "certified cost or pricing data" and "data other than certified cost or pricing data," in order to ensure consistency with the FAR, which has already been amended to reflect this distinction.

DFARS Case 2012-D049: A final rule amended the DFARS to add Poland as a "qualifying country."

Interim Rules

DFARS Case 2012-D016: An interim rule amended the DFARS to implement a section of the National Defense Authorization Act for Fiscal Year 2012, which requires that the statutory limitation on the acquisition of right-hand drive passenger sedans be included on the list of dollar thresholds subject to inflation adjustment. 

DFARS Case 2012-D025: DoD issued an interim rule amending the DFARS to implement the United States-Korea Free Trade Agreement. 

DFARS Case 2012-D032: Another interim rule implemented the United States—Colombia Trade Promotion Agreement, a free trade agreement that provides for mutually non-discriminatory treatment of eligible products and services from Columbia.  

DFARS Case 2012-D034: This interim rule implemented the requirements of the Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation (the Treaty) and the Security Cooperation Act of 2010 regarding export control regulations between the United States and the United Kingdom, which, together, establish an Approved Community that includes members of the U.S. Government and the Government of the United Kingdom. 

DFARS Case 2012-D015: An interim rule amended DFARS subpart 225.70 and the associated DFARS clauses at 252.212–7001 and 252.225–7012, in order to implement sections 368 and 821 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–81), specifically (i) to require award of contracts that provide the best value when acquiring tents and other temporary structures, regardless of whether purchased by DoD or by another agency on behalf of DoD, (ii) to reflect the amendment of  10 U.S.C. 2533a (the ‘‘Berry Amendment’’) extending the restriction requiring the acquisition of domestic tents to include the structural components of tents, applicable to acquisitions that exceed the simplified acquisition threshold (although there is an exception for domestic nonavailability (see DFARS 225.7002–2)); and (iv) to provide (a) a definition of "structural component of a tent" and (b) examples of the type of temporary structures covered by this regulation. 

DFARS Case 2012-D044: DoD issued an interim rule amending the DFARS to implement the United States-Panama Trade Promotion Agreement, which is a free trade agreement that provides for mutually non-discriminatory treatment of eligible products and services from Panama.

DoD issued quite a few miscellaneous technical corrections to the DFARS.  

Proposed Rules

DFARS Case 2011-D040: DoD proposed to amend the DFARS to update text addressing the definition of cost or pricing data to make it consistent with the FAR. Subsequently, this rule became final

DFARS Case 2011-D054: DoD proposed to amend the DFARS to update DoD’s voucher processing procedures and better accommodate the use of Wide Area WorkFlow. 

DFARS Case 2012-D002: DoD proposed to amend the DFARS to establish an order for application of contract modifications to resolve any potential conflicts that may arise from multiple modifications with the same effective date.

DFARS Case 2011-D045: DoD proposed to amend the FAR to provide detailed guidance and instructions on the use of the performance-based payments analysis tool. 

DFARS Case 2011-D052: DoD proposed the amend the FAR ) to update the form used by contractors to request shipping instructions and the associated contract clause and clause prescription to cover both commercial and Government bills of lading, and to relocate the coverage within the DFARS.  

DFARS Case 2012-D005: DoD amended the DFARS to to incorporate adjusted thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative. Additionally, this rule includes language in prescriptions for use of contract clauses intended to clarify their applicability to commercial items.

DFARS Case 2012-D006: DoD proposed to revise the DFARS clause at 252.225–7040 ("Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States") to expand coverage on contractor requirements and responsibilities regarding alleged crimes by or against contractor personnel to apply to contingency operations, humanitarian or peacekeeping operations, or other military operations when the latter are designated by the combatant commander at any location worldwide (these requirements currently apply only to DoD contracts performed in Iraq and Afghanistan). Expanding the coverage worldwide will provide contractors the guidance they need to take actions if such alleged offenses occur.

DFARS Case 2011-D056: DoD proposed an extensive set of changes to many parts of the the DFARS in order (i) to clarify the clauses required in commercial item contracts and the flowdowns applicable to subcontracts under such contracts and (ii) to simplify the prescriptions for such clauses. 

DFARS Case 2011-D055: Another proposed rule would amend the DFARS to update and clarify requirements for unique identification and valuation of items delivered under DoD contracts.

DFARS Case 2011-D044: DoD proposed to amend the DFARS to provide a provision for offerors, if owned or controlled by another business entity, to identify the Commercial and Government Entity (CAGE) code and legal name of that business entity. 

DFARS Case 2012-D041: In accordance with the requirements of the National Defense Authorization Act for Fiscal Year 2011, which directed DoD to review the definition of "produce" to ensure its compliance with the statutory restrictions on specialty metals,  DoD proposed to amend the DFARS to revise the definition of "produce" as it applies to specialty metals. 

DFARS Case 2012-D040: A proposed rule would amend the DFARS to update instructions for assigning basic and supplementary procurement instrument identification numbers.

 

Other Agencies 

Department of Agriculture

The USDA proposed extensive amendments to nine sections of 7 C.F.R. Part 3201: "Guidelines for Designating Biobased Products for Federal Procurement." The agency also proposed to  designate the following 12 product categories within which biobased products would be afforded federal procurement preference (and to delineate the minimum biobased content requirements for each): agricultural spray adjuvants; animal cleaning products; deodorants; dethatcher products; fuel conditioners; leather, vinyl, and rubber care products; lotions and moisturizers; shaving products; specialty precision cleaners and solvents; sun care products; wastewater systems coatings; and water clarifying agents. Subsequently, the agency did amend the guidelines (i) to add 12 product categories within which biobased products will be afforded federal procurement preference, as provided for under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008, and (ii) to establish minimum biobased contents for each of these product categories.

The USDA also proposed to amend the Guidelines to add eight sections that will designate the following product categories within which biobased products would be afforded federal procurement preference: aircraft and boat cleaners; automotive care products; engine crankcase oil; gasoline fuel additives; metal cleaners and corrosion removers; microbial cleaning products; paint removers; and water turbine bearing oils. USDA is also proposing to add the following subcategories to previously designated product categories: countertops to the composite panels category; and wheel bearing and chassis grease to the greases category. USDA is also proposing minimum biobased contents for each of these product categories and subcategories. 

Bureau of Industry and Security (Department of Commerce)

The Department of Commerce's Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to add a reference to the Iran Sanctions Act of 1996 (ISA), which states BIS’s licensing policy for export and reexport transactions that involve persons sanctioned pursuant to certain enumerated statutes, including its general policy of denying export and reexport license applications in which a person sanctioned by the State Department under the ISA is a party to the transaction.

The BIS amended the EAR by adding a new a new Export Control Classification Number (ECCN) series, 0Y521, to the Commerce Control List (CCL) to cover items that warrant control on the CCL but are not yet identified in an existing ECCN.

The BIS proposed to amend the EAR (i) by adding a requirement for persons shipping under Authorization Validated End-User (Authorization VEU) to send written notice of such shipments to the recipient VEU and (ii) to clarify that when items subject to item-specific conditions under Authorization VEU no longer require a license for export or reexport or become eligible for shipment under a license exception, as set forth in the EAR, VEUs are no longer bound by the conditions associated with such items.

The BIS published a proposed rule (i) describing how energetic materials and related articles that the President determines no longer warrant control under Category V (Explosives and Energetic Materials, Propellants, Incendiary Agents and Their Constituents) of the United States Munitions List (USML) would be controlled under the CCL in new Export Control Classification Numbers (ECCNs) 1B608, 1C608, 1D608, and 1E608; (ii) controlling (under ECCN 1C111) some of the aluminum powder and hydrazine and derivatives thereof that are now controlled under Category V of the USML; (iii) placing  control equipment for the "production" of explosives and solid propellants, currently controlled under ECCN 1B018.a, and related "software," currently controlled under ECCN 1D018, under new ECCNs 1B608 and 1D608, respectively; and (iv) placing commercial charges and devices containing energetic materials, which are currently controlled under ECCN 1C018, under new ECCN 1C608.

The BIS published another proposed rule (i) describing how auxiliary and miscellaneous military equipment and related articles the President determines no longer warrant control under Category XIII (Auxiliary Military Equipment) of the USML would be controlled under the Commerce Control List (CCL) in new Export Control Classification Numbers (ECCNs) 0A617, 0B617, 0C617, 0D617, and 0E617 as part of the proposed new "600 series" of ECCNs; (ii) to integrate into these five new ECCNs those items within the scope of Wassenaar Arrangement Munitions List (WAML) Category 17 that would be removed from the USML, or that are not specifically identified on the USML or CCL but that are currently subject to USML jurisdiction; and (iii) to control some items now classified under ECCNs 0A018, 0A918 and 0E018 under new ECCNs 0A617 and 0E617, in order to consolidate auxiliary and miscellaneous military equipment and related articles on the CCL in the proposed new "600 series."

The BIS amended the EAR (i) to conform them to the termination of the United Nations embargo on "arms and related materiel" against Rwanda, (ii) to remove machetes from the CCL; and (iii) to revise Part 746 (Embargoes and Other Special Controls) to require a license to export or reexport certain items to countries subject to United Nations Security Council arms embargoes. (A presumptive denial policy will apply to applications to export or reexport items that are controlled for UN reasons and that would contravene a United Nations Security Council arms embargo.)

The BIS issued a final rule that updates the legal authority citations for the EAR to include citations to (i) the President’s Notice of August 15, 2012 (Continuation of Emergency Regarding Export Control Regulations); (ii) the President’s Notice of May 19, 2012 (Continuation of the National Emergency With Respect to the Actions of the Government of Syria); and (iii) Executive Order 13338 (in the authority citations paragraph of part 746 of the EAR).

The Department also proposed to amend the EAR (i) to describe how articles no longer warranting control under Category X of the Munitions List would be controlled under the CCL in new  ECCNs 1A613, 1B613, 1D613, and 1E613; (ii) to control military helmets (currently controlled under ECCNs 0A018 and 0A988) under new ECCN 1A613; (iii) to amend ECCN 1A005 for body armor; and (iv) to remove machetes from ECCN 0A988.

The BIS amended the EAR's CCL to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies  maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies at the December 2011 WA Plenary Meeting (the Plenary).

The BIS also amended the EAR and CCL to implement the understandings reached at the June 2011 plenary meeting of the Australia Group (AG), specifically by (i) revising the CCL entry in the EAR that controls human and zoonotic pathogens and ‘‘toxins’’ and the entry that controls genetic elements and genetically modified organisms to reflect changes to the AG "List of Biological Agents for Export Control" that were made based on the understandings adopted at the meeting and (ii) revising the CCL entries in the EAR that control chemical manufacturing facilities and equipment, and equipment capable of use in handling biological materials to reflect the June 2011 AG plenary changes to the "Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software" and the "Control List of Dual-Use Biological Equipment and Related Technology and Software," respectively.

The State Department and the BIS published another coordinated set of proposed rules concerning revisions to the USML and the CCL. Specifically, the State Department proposed to amend the USML by revising Category IX  (military training equipment), inter alia, to make clear that it will no longer control all generic parts, components, accessories, and attachments (currently captured in paragraph (d) of the USML) that are in any way specifically designed or modified for a defense article, regardless of their significance to maintaining a military advantage for the United States. These items are to controlled under the newly proposed new Export Control Classification Numbers (ECCNs) 0A614, 0B614, 0D614, and 0E614 in Category 0 of the CCL, under a proposal being published separately today by the Department of Commerce's BIS. 

In still another coordinated effort, and as part of the President’s export control reform initiative, the State Department's Directorate of Defense Trade Controls sought public comment on the proposed Export Reform Transition Plan for defense articles and defense services that will transition from the jurisdiction of the Department of State to the Department of Commerce, and the BIS published a proposed rule that (i) addresses issues pertaining to the transition of control from the ITAR to the EAR of  items the President determines no longer warrant control under ITAR, once congressional notification requirements and corresponding amendments to the ITAR and the EAR are completed and (ii) complements the State Department's proposed Export Control Transition Plan.

The State Department and the BIS also each proposed a definition of the term "specially designed" for use in the ITAR and the EAR, respectively.

The BIS proposed an extensive set of changes to clarify the EAR's CCL.

The BIS issued multiple corrections to the EAR. The BIS also published a set of corrections to the CCL.

Defense Department

DoD's e Per Diem, Travel and Transportation Allowance Committee published Civilian Personnel Per Diem Bulletins Number 279 and, subsequently, among others, 280, 282283, and 286, which list revisions in the per diem rates prescribed for U.S. Government employees for official travel in Alaska, Hawaii, Puerto Rico, the Northern Mariana Islands and Possessions of the United States. 

A final rule rule updated policies and responsibilities for controlling DoD Unclassified Controlled Nuclear Information.

DoD published an interim final rule to establish a voluntary cyber security information sharing program between DoD and eligible Defense Industrial Base companies in order to enhance participants’ capabilities to safeguard DoD information that resides on, or transits, unclassified information systems.

Department of Homeland Security

A final rule amended  multiple sections of the Homeland Security Acquisition Regulation (HSAR) in order to  (i) implement Section 695 of the Post-Katrina Emergency Management Reform Act of 2006 by restricting the length of certain noncompetitive contracts entered into by the Department of Homeland Security to facilitate the response to or recovery from a natural disaster, act of terrorism, or other manmade disaster; (ii) align existing content with the FAR; (iii) clarify the regulations; and (iv) make editorial corrections.

The DHS proposed to amend the HSAR to require time-and-material or labor-hour contracts to include (i) separate labor hour rates for subcontractors and (ii) a description of the method that will be used to record and bill for labor hours for both contractors and subcontractors. 

Department of the Interior

The Department of the Interior proposed to issue regulations guiding implementation of the Buy Indian Act, which provides the Bureau of Indian Affairs with authority to set aside procurement contracts for Indian-owned and controlled businesses.

Department of Transportation

The Department proposed an extensive set of changes to its disadvantaged business enterprise  rule, including (i) revisions to personal net worth, application, and reporting forms; (ii) modifications to certification-related provisions; and (iii) various revisions to several sections concerning, inter alia, good faith efforts, transit vehicle manufacturers, and counting of trucking companies. 

The Department's Federal Highway Administration proposed to update the regulations governing the procurement, management, and administration of engineering and design related services directly related to federally-funded highway construction projects (i) to make the regulations consistent with prior changes in legislation and other applicable regulations, and (ii) to  address findings and recommendations for the oversight of consultant services contained in national review and audit reports.

Department of the Treasury

The Department of the Treasury proposed to amend its acquisition regulation (DTAR) to include a contract clause concerning the fair inclusion of minorities and women in the workforces of contractors and subcontractors, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the Dodd-Frank Act).

EPA

The EPA amended its acquisition regulation (the EPAAR) by revising the contract clause at 48 C.F.R. 1552.211-79 (entitled "Compliance with EPA Policies for Information Resources Management") to include administrative changes and to update terminology and Web site links related to EPA policies for information resources management.

The EPA proposed to amend the "Printing" clause (1552.208-70) in the EPAAR.

Government Accountability Office (GAO)

The GAO adopted the FAR's debarment and suspension procedures.

General Services Administration (GSA)

The GSA amended its acquisition regulation (the GSAR) to  modify acquisition-related thresholds as follows: (i) the GSAR clause at 552.219–71, Notice to Offerors of Subcontracting Plan Requirements, was revised by removing "$500,000" and "$1,000,000" and replacing the GSAR text with "$650,000" and "$1,500,000," respectively; and (ii) the GSAR clause at 552.219–72, Preparation, Submission, and Negotiation of Subcontracting Plans, was revised by removing "$500,000" and "$1,000,000" and replacing the GSAR text with "$650,000" and "$1,500,000," respectively.

GSAR Case 2006-G510: The GSA revised Part 504 (Administrative Matters) of the GSAR.

The GSA's Federal Acquisition Service extended the comment period for, and the effective date of, its implementation of a Demand Based Model designed to assess and improve the performance of the Multiple Award Schedule contracts operated by GSA.

The GSA adopted, as final, an interim rule that amended various provisions in the the Federal Travel Regulation (FTR) related to temporary duty (TDY) travel, specifically by, inter alia, (i) adjusting the definition of incidental expenses; (ii) clarifying necessary deduction amounts from the meals and incidental expense reimbursement on travel days; and (iii) extending to agencies the authority to issue blanket actual expense approval for TDY travel during Presidentially-declared disasters.

Due to the variety of issues addressed in the proposed rewrite and the "strong stakeholder interest," the GSA withdrew GSAR Case 2006–G507 (Rewrite of GSAR Part 538, Federal Supply Schedule Contracting) in order to allow time for an agency review of the current implementation plan for this GSAR case. 

GSAR Case 2012-G503: The GSA proposed to amend the GSAR to address the use of the Industrial Funding Fee under the Multiple Award Schedules Program to offset losses in other Federal Acquisition Service (FAS) programs and to fund initiatives that benefit other FAS programs. 

HUD

Proposed rule changes would amend HUD's acquisition regulation (HUDAR) to (i) remove provisions that are now obsolete, (ii) refine provisions for approving requests for deviation from the HUDAR, (iii) update provisions that address the organizational structure of HUD, and (iv) add provisions on contractor record retention. Subsequently, the proposed changes were adopted as final, effective January 9, 2013.

NASA

NASA adopted, without change, a final rule amending the NASA FAR Supplement (NFS) to update the "Award Fee for Service Contracts" clause (NFS 1852.216–76) in order to clarify that the amount of award fee held in reserve, if any, shall not exceed $100,000 for the contract, and add similar language to the "Award Fee for End-Item Contracts" clause (NFS 1852.216–77) to allow the Contracting Officer to hold in reserve fee payments at a not-to-exceed amount of $100,000 in order to protect the Government’s interests relative to an orderly and timely closeout of the contract. 

OMB

The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) proposed to revise OMB Circular A–131, Value Engineering (VE), to update and reinforce policies associated with the consideration and use of VE in order to ensure that the Government has the capabilities to employ VE techniques to the maximum extent appropriate. 

The OFPP's CAS Board published technical corrections to the final rule, originally published on December 27, 2011, that revised CAS 412, "Composition and Measurement of Pension Cost," and CAS 413, "Adjustment and Allocation of Pension Cost" for the CAS Pension Harmonization Rule because (i) some illustrations in that document were not consistent with their corresponding Table or text,  and (ii) the text used in the two effective date provisions was in consistent. 

A proposed rule would amend 48 C.F.R. Part 9903 to clarify the exemption from Cost Accounting Standards for contracts and subcontracts for the acquisition of commercial items.

Small Business Administration (SBA)

The SBA published an interim rule amending its regulations (i) to make them consistent with the inflationary adjustments that are already codified in the FAR as they relate to the Women-Owned Small Business (WOSB) Program and the Simplified Acquisition Threshold and (ii) to make its WOSB Program protest procedures consistent with the protest procedures for SBA’s other government contracting programs. 

The SBA  (i) increased 37 small business size standards for 34 industries and three sub-industries (‘‘exceptions’’ in SBA’s table of small business size standards) in NAICS Sector 54 (Professional, Technical, and Scientific Services), (ii) retained the current standards for the remaining industries in NAICS Sector 54, (iii) increased one size standard in NAICS Sector 81 (Other Services), and (iv) removed "Map Drafting" as the "exception" to NAICS 541340 (Drafting Services). 

The SBA increased the small business size standards for 22 industries in NAICS Sector 48–49, Transportation and Warehousing, while retaining the current standards for the remaining 37 industries in that Sector. 

The  SBA increased the small business size standards for (i) nine industries in NAICS Sector 61 ( Educational Services); (ii) 28 industries in NAICS Sector 62 ( Health Care and Social Assistance); and (iii) 21 industries and one sub-industry in NAICS Sector 53 ( Real Estate and Rental and Leasing). 

Effective January 7, 2013, the SBA increased the receipts-based small business size standards for 15 industries and retaining the current receipts- based size standards for five industries in NAICS Sector 51 ("Information"). The SBA will examine the employee-based size standards in this sector at a later date. Also effective January 7, the SBA is increasing the small business size standards for 37 industries and retaining the current size standards for the remaining seven industries in NAICS Sector 56 ("Administrative and Support, Waste Management and Remediation Services"). 

Effective January 28, 2013, the SBA amended its regulations governing size and eligibility for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs in order to implement provisions of the National Defense Authorization Act for Fiscal Year 2012 and to address ownership, control, and affiliation for participants in the SBIR and STTR programs.

The SBA issued corrections to several errors in its previously published rule concerning 8(a) business development/small disadvantaged business status determinations at 13 C.F.R. Part 124.

The SBA proposed to increase small business size standards for 28 industries in NAICS Sector 62: Health Care and Social AssistanceSBA also proposed to revise the size standards for nine industries in NAICS Sector 22: Utilities. In addition, SBA proposed to increase the small business size standards for 17 industries in NAICS Sector 71: Arts, Entertainment, and Recreation. SBA also proposed to increase the size standards for one industry and one sub-industry in NAICS Sector 23, Construction. Specifically, SBA proposed to increase the size standard for NAICS 237210, Land Subdivision, from $7 million to $25 million and the size standard for Dredging and Surface Cleanup Activities, a sub-industry category (or an ‘‘exception’’) under NAICS 237990, Other Heavy and Civil Engineering Construction, from $20 million to $30 million in average annual receipts. SBA also proposed (i) to increase small business size standards for 11 industries in NAICS Sector 11 (Agriculture, Forestry, Fishing and Hunting), (ii) to increase size standards for 37 industries in NAICS Sector 52 (Finance and Insurance) and for two industries in NAICS Sector 55 (Management of Companies and Enterprises), and (iii) to change the measure of size from average assets to average receipts for NAICS 522293 (International Trade Financing). The SBA also proposed  to increase the revenue-based small business size standards for the three industries in  NAICS Subsector 213 (" Support Activities for Mining") within NAICS Sector 21 ("Mining, Quarrying, and Oil and Gas Extraction"). The SBA will examine the employee-based size standards in this sector at a later date. 

In order to implement provisions of the National Defense Authorization Act for Fiscal Year 2012, the SBA proposed to amend its regulations governing size and eligibility for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs  by addressing ownership, control and affiliation for program participants, including those that are majority owned by multiple venture capital operating companies, private equity firms, or hedge funds. 

The SBA proposed extensive revisions to its regulations at 13 C.F.R. Parts 121 and 124-127 to reflect the provisions of the Small Business Jobs Act of 2010 that concern multiple-award schedule contracts (and orders placed against such contracts) and the consolidation of contracts, including proposed revisions to the following sections (among many others): 121.103 (how the SBA determines affiliation); 121.402 (what size standards are applicable to federal procurements); 121.404 (the date the size of a business concern is determined); 121.1001 (who may initiate a size protest); 121.1004 (the time limits for filing size protests); 121.1103 (the procedures for NAICS or size standard designations); and 125.1 (definitions governing SBA's government contracting programs).

The SBA issued an interim final rule in its Small Business Size Regulations in order to incorporate the Office of Management and Budget’s  2012 modifications of the North American Industry Classification System ("NAICS 2012") into the SBA's table of small business size standards. NAICS 2012 has created 76 new industry codes and reused 13 NAICS 2007 industry codes with additional or modified content, and SBA’s adoption of NAICS 2012 will result in (i) changes to small business size standards for 41 NAICS 2007 industries and one exception and (ii) changes to NAICS industry titles for one Subsector and eight industries. Subsequently, the SBA published quite a few corrections to the interim final rule

State Department

The State Department issued a final rule that would (i) amend the ITAR to implement the Defense Trade Cooperation Treaty between the United States and the United Kingdom and (ii) identify (via a supplement) the defense articles and defense services that may not be exported pursuant to the Treaty. Subsequently, the agency announced that both the treaty between the United States, Great Britain, and Northern Ireland concerning defense trade cooperation (Treaty Doc. 110–7) and the previously announced rule became effective on April 13.

The Department amended the ITAR to to remove references to the International Import Certificate (Form BIS–645P/ATF–4522/DSP–53), which will end the Department’s current practice of accepting DSP–53 submissions. Instead, the DSP–61 is to be used by importers when necessary.

The Department amended section 123.17 of the ITAR, inter alia, (i) to add an exemption for the temporary export of chemical agent protective gear for personal use; (ii) to revise the exemption for body armor to also cover helmets when they are included with the body armor; and (iii) to clarify the exemption for firearms and ammunition by removing certain extraneous language that does not change the meaning of the exemption.

The Department amended the ITAR to update the policy toward Yemen so that licenses or other approvals for exports or imports of defense articles and defense services destined for or originating in Yemen will be reviewed, and may be issued, on a case-by-case basis.

The Department amended the ITAR to list Afghanistan as a major non-NATO ally and to make available the use of two additional defense export license exemptions for certain proscribed destinations. 

The State Department also proposed to amend the ITAR in order to revise (i) Category V (explosives and energetic materials, propellants, incendiary agents, and their constituents), (ii) Category XIII  (materials and miscellaneous articles), and (iii) Category X (personal protective equipment and shelters) of the U.S. Munitions List to describe more precisely the articles warranting control thereunder.

The State Department and the BIS published another coordinated set of proposed rules concerning revisions to the USML and the CCL. Specifically, the State Department proposed to amend the USML by revising Category IX  (military training equipment), inter alia, to make clear that it will no longer control all generic parts, components, accessories, and attachments (currently captured in paragraph (d) of the USML) that are in any way specifically designed or modified for a defense article, regardless of their significance to maintaining a military advantage for the United States. These items are to controlled under the newly proposed new Export Control Classification Numbers (ECCNs) 0A614, 0B614, 0D614, and 0E614 in Category 0 of the CCL, under a proposal being published separately today by the Department of Commerce's BIS. 

In another coordinated effort, as part of the President’s export control reform initiative, the State Department's Directorate of Defense Trade Controls sought public comment on the proposed Export Reform Transition Plan for defense articles and defense services that will transition from the jurisdiction of the Department of State to the Department of Commerce, and the BIS published a proposed rule that (i) addresses issues pertaining to the transition of control from the ITAR to the EAR of  items the President determines no longer warrant control under ITAR, once congressional notification requirements and corresponding amendments to the ITAR and the EAR are completed and (ii) complements the State Department's proposed Export Control Transition Plan.

The State Department also proposed to amend the ITAR by revising Category XI (military electronics) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML and to provide a definition for "equipment." The BIS issued a corresponding proposal to revise the EAR's CCL to cover certain items no longer controlled under Category XI of the ITAR. Specifically, military electronics and related items would be controlled by new ECCNs 3A611, 3B611, 3D611, and 3E611; cryogenic and superconducting equipment for military vehicles and related items would be controlled under new ECCNs 9A620, 9B620, 9D620, and 9E620; and ECCNs 7A001 and 7A101 would be amended to apply the  missile technology reason for control only to items in those ECCNs on the Missile Technology Control Regime Annex. 

The State Department and the BIS also each proposed a definition of the term "specially designed" for use in the ITAR and the EAR, respectively.

Treasury Department

The Department of the Treasury proposed to amend its acquisition regulation (DTAR) to implement use of the Internet Payment Platform, a centralized electronic invoicing and payment information system, and to change the definition of bureau to reflect the consolidation on July 21, 2011 of the Office of Thrift Supervision with the Office of the Comptroller of the Currency.

United States Department of Agriculture (USDA)

The Department of Agriculture proposed extensive amendments to nine sections of 7 C.F.R. Part 3201: " Guidelines for Designating Biobased Products for Federal Procurement."

Veterans Affairs

A final VA rule requires its contractors to submit payment requests in electronic form. 

The VA proposed to amend its acquisition regulations to require contractors to submit payment requests in electronic format.

The VA issued an interim final rule to implement a portion of the Veterans Benefits, Health Care, and Information Technology Act of 2006, which requires the VA to verify ownership and control of VOSBs, including SDVOSBs, in order for these firms to participate in VA acquisitions set-aside for SDVOSB/VOSBs. The rule requires re-verification of SDVOSB/VOSB status only every two years rather than annually. 

 

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