Regulations

Federal Acquisition Regulation (FAR)

Federal Acquisition Circulars (FAC)  

FAC 2005-73

Federal Acquisition Circular (FAC) 2005-73 included only the following item (plus technical amendments):

FAR Case 2011-018: This final rule amended the FAR to conform references throughout the FAR to the new Positive Law Codification of Title 41, United States Code, "Public Contracts" and to make other conforming changes. 

FAC 2005-74

FAC 2005-74 included the following five items:

FAR Case 2012-024: A final rule amended the FAR to require the use of CAGE codes, including NATO CAGE codes for foreign entities, for awards valued at greater than the micro-purchase threshold. 

FAR Case 2014-016: Two interim rules were adopted as final, with changes, which amend the FAR to revise the clause on Recovery Act reporting procedures in order to implement a section of the Consolidated Appropriations Act, 2014, by repealing the reporting requirements of the American Recovery and Reinvestment Act of 2009.

FAR Case 2012-017: A final rule adopted, without change, the prior interim rule that amended the FAR to implement a section of the National Defense Authorization Act of 2012, which expands the application of the senior executive compensation benchmark to a broader group of contractor employees on contracts awarded by DoD, NASA, and the Coast Guard. The senior executive compensation benchmark amount limits the reimbursement of contractor employee compensation costs.  

FAR Case 2012-028: A final rule amended the FAR to implement provisions of law that change the period allowed for contractor comments on past performance evaluations and require that past performance evaluations be made available to source selection officials sooner.

FAR Case 2012-018: A final rule amended the FAR to clarify contractors' and subcontractors' responsibilities to obtain workers' compensation insurance or to qualify as a self-insurer, and other requirements, under the terms of the Longshore and Harbor Workers' Compensation Act, as extended by the Defense Base Act.

FAC 2005-75

FAC 2005-75 included the following three items:

FAR Case 2013-016: An interim rule amended the FAR to implement changes in the Electronic Product Environmental Assessment Tool (EPEAT®) registry. 

FAR Case 2013-010: A final rule adopted, without change, the prior interim rule amending the FAR to remove the dollar limitation for set-asides to economically disadvantaged women-owned small business concerns and to women-owned small business concerns eligible under the Women-Owned Small Business Program. 

FAR Case 2014-012: An interim rule amended the FAR to implement section 702 of the Bipartisan Budget Act of 2013, specifically (i) to revise the allowable cost limit relative to the compensation of contractor and subcontractor employees; and (ii) to implement the possible exception to this allowable cost limit for scientists, engineers, or other specialists upon an agency determination that such exceptions are needed to ensure that the executive agency has continued access to needed skills and capabilities. 

FAC 2005-76

FAC 2005-76 included the following three items, plus technical amendments:

FAR Case 2014-013: An interim rule amended the FAR to implement final rules issued by the DOL's OFCCP relating to equal opportunity and affirmative action for veterans and individuals with disabilities. 

FAR Case 2012-014: A final rule amended the FAR to implement the SBA's revision of the small business size and status protest and appeal procedures. 

FAR Case 2013-017: A final rule adopted with changes, the prior interim rule amending the FAR to implement a section of the National Defense Authorization Act for Fiscal Year 2013 that addresses the allowability of legal costs incurred by a contractor or subcontractor related to a whistleblower proceeding commenced by the submission of a complaint of reprisal by the contractor or subcontractor employee. 

FAR Case 2009-016: A final rule amended the FAR (i) to remove certain coverage involving procurements with small disadvantaged business (SDB) concerns and certain institutions of higher education that is based on expired statutory authority that has been found to be unconstitutional by the Court of Appeals for the Federal Circuit, and (ii) to harmonize the FAR with current statutory authorities. Similarly, with DFARS Case 2011-D038, DoD issued an interim rule amending the DFARS to implement changes resulting from the expiration of 10 U.S.C. 2323, which was the underlying statutory authority for DoD’s SDB program, including the establishment of a specific goal within the overall 5 percent SDB goal for the award of prime contracts and subcontracts to historically black colleges and universities (HBCUs) and minority institutions (MIs). DoD’s fundamental policy to provide the maximum practicable number of contracting opportunities for SDB concerns and, in defense-related research and development, the maximum number of opportunities for HBCUs and MIs, is unchanged by this rule.  

FAR Case 2011-023: A final rule amended the FAR (i) to remove all references to OFPP Pamphlet No. 7 (Use of Irrevocable Letters of Credit) and (ii) to provide updated sources of data required to verify the credit worthiness of a financial entity issuing or confirming an irrevocable letter of credit.

FAR Case 2012-023: A final rule amended the FAR to implement a uniform Procurement Instrument Identification (PIID) numbering system, which will require the use of Activity Address Codes (AACs) as the unique identifier for  contracting offices and other offices, in order to standardize procurement transactions across the Federal Government. 

FAC 2005-78

FAC 2005-78  included the following four items, all of which are effective December 26 (plus technical amendments):

FAR Case 2014-001: A final rule amended the FAR to standardize the incorporation by reference of representations and certifications. 

FAR Case 2014-011: A final rule amended the FAR to implement the Streamlining Claims Processing for Federal Contractor Employees Act which amends the United States Code (U.S.C.) to transfer certain functions from the GAO to the DOL relating to the processing of claims for the payment of workers who were not paid appropriate wages under certain provisions of the U.S.C. 

FAR Case 2014-006: A final rule amended the FAR to delete obsolete provisions related to year 2000 compliance.

Far Case 2012-032: A final rule amended the FAR to clarify when to use higher-level quality standards in solicitations and contracts. 

FAC 2005-79

FAC 2005-79 included the following two items:

FAR Case 2015-003: An interim rule amended the FAR to implement the Executive Order Establishing a Minimum Wage for Contractors and a final rule on that subject issued by the Department of Labor. Comments are also due by February 13.

FAR Case 2014-017: Another interim rule amended the FAR to address the continuing governmentwide statutory prohibition on the use of appropriated (or otherwise made available) funds for contracts with any foreign incorporated entity that is an inverted domestic corporation or any subsidiary of such entity.

Other Proposed FAR Revisions

FAR Case 2012-022: A proposed rule would amend the FAR to implement revisions made by the SBA to its regulations implementing section 8(a) of the Small Business Act, and to provide additional FAR coverage regarding protesting an 8(a) participant’s eligibility or size status, procedures for releasing a requirement for non-8(a) procurements, and the ways a participant can exit the 8(a) Business Development program.

FAR Case 2014-006: A proposed rule would amend the FAR to delete obsolete regulations relating to the year 2000 compliance.

FAR Case 2013-022: A proposed rule would amend the FAR to implement a section of the National Defense Authorization Act for Fiscal Year 2013 to extend the limitations on contractor employee personal conflicts of interest to apply to the performance of all functions that are closely associated with inherently governmental functions and contracts for personal services.

FAR Case 2014-001: A proposed would would amend the FAR to standardize the incorporation by reference of representations and certifications in contracts.

FAR Case 2013-002: A proposed rule would amend the FAR to require expanded reporting of nonconforming items.

FAR Case 2013-012: A proposed rule would amend the FAR to implement section 802 of the National Defense Authorization Act of Fiscal Year 2013, which establishes additional requirements relative to the review of, and justifications for, pass-through contracts. 

FAR Case 2012-014: A proposed rule would amend the FAR to establish a uniform line item identification structure in federal procurement, in order to to improve the accuracy, traceability, and usability of procurement data.

FAR Case 2014-022: A proposed rule would amend the FAR to to further implement the inflation adjustment of acquisition-related dollar thresholds. 

Department of Defense FAR Supplement (DFARS)

Final Rules

DFARS Case 2013-D033: A final rule revised the DFARS to remove and reserve item 19 of the solicitation provision at DFARS 252.215–7009 (Proposal Adequacy Checklist), which required price analyses for all commercial items offered that are not available to the general public, because DOD has now determined this item is duplicative and is addressed by other requirements.

DFARS Case 2013-D009: DoD adopted as final, with changes, an interim rule amending the DFARS to implement two sections of the National Defense Authorization Act for Fiscal Year 2013 that (i) require compliance with domestic source restrictions for any textile components supplied by DoD to the Afghan National Army or the Afghan National Police for purposes of production of uniforms, and (ii) eliminate the application of the enhanced authority to acquire products and services from Iraq. 

DFARS Case 2013-D010: DoD adopted as final, with changes, an interim rule amending the DFARS to implement statutory amendments to whistleblower protections for contractor and subcontractor employees.

DFARS Case 2011-D045: DoD issued a final rule amending Part 232 of the DFARS to provide detailed guidance and instructions on the use of the performance-based payments analysis tool, which is a cash-flow model for evaluating alternative financing arrangements, and is required to be used by all contracting officers contemplating the use of performance-based payments on fixed-price type contract awards. 

DFARS Case 2013-D004: This final rule amended the DFARS  to create an overarching prescription in Part 246 for a quality assurance-related clause with two alternates. The rule also included separate prescriptions for the basic and alternate clauses and includes the full text of each alternate.

DFARS Case 2013-D026: This final rule amended the DFARS to create an overarching prescription in Part 235 for a research and development-related clause with an alternate. The rule also included separate prescriptions for the basic and alternate clause and includes the full text of the alternate clause.

DFARS Case 2014-D007: This rule amended the DFARS to implement a section of the National Defense Authorization Act for Fiscal Year 2014 by extending the expiration date of the pilot program for the acquisition of military-purpose nondevelopmental items to December 31, 2019. 

DFARS Case 2013-D014: A final rule revised DFARS 252.232-7007 (Limitation of Government's Obligation) as part of DoD's project to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems.

DFARS Case 2012-D057: Another final rule revised transportation-related clauses throughout the DFARS as part of the same project to facilitate use of automated contract writing systems.

DFARS Case 2013-D023: This final rule amended the DFARS to remove coverage concerning contracting officer’s representative responsibilities that is procedural in nature. 

DFARS Case 2014-D006: This final rule adopted, without change, the prior interim rule that amends the DFARS to clarify rules of origin under trade agreements for photovoltaic devices to be utilized under covered DoD contracts, as required by a section of the National Defense Authorization Act for Fiscal Year 2011. 

DFARS Case 2012-D055: A final rule amended the DFARS in partial implementation of a section of the National Defense Authorization Act for Fiscal Year 2012, and a section of the National Defense Authorization Act for Fiscal Year 2013, relating to the detection and avoidance of counterfeit electronic parts.

DFARS Case 2013 -D015: This final rule amended the DFARS (especially section 252.225) to harmonize it with DoD Instruction 3020.41, entitled "Operational Contract Support (OCS)."

DFARS Case 2013-D027: A final rule amended the DFARS to clarify the meaning of the phrase "congressional defense committees." 

DFARS Case 2012-D036: A final rule adopted, with changes, the prior interim rule amending the DFARS to implement a section of the National Defense Authorization Act for Fiscal Year 2012 regarding private sector notification of in-sourcing actions. 

DFARS Case 2013-D035: A final rule amended the DFARS to clarify the applicability of DFARS 252.211–7008 (Use of Government-Assigned Serial Numbers) and DFARS 252.232–7006 (Wide Area WorkFlow Payment Instructions) to acquisitions of commercial items.  

DFARS Case 2013-D020: A final rule amended the DFARS to remove the DoD-unique list of domestically nonavailable articles because these items have been found to be either (i) available domestically or (ii) not used by DoD. 

DFARS Case 2013 D016: DoD adopted as final, with changes, the prior interim rule amending the DFARS (i) to implement section 811 of the National Defense Authorization Act for Fiscal Year 2013, which prohibits DoD from entering into cost-type contracts for production of major defense acquisition programs (MDAPs); and (ii) to make clear that the prohibition also applies to entering into cost reimbursement line items for the production of MDAPs.

DFARS Case 2013-D016: An interim rule amended the DFARS to implement a section of the National Defense Authorization Act for Fiscal Year 2013, which prohibits DoD from entering into cost-type contracts for production of major defense acquisition programs. 

DFARS Case 2012-D029: DoD issued an interim rule amending the DFARS to implement authority for DoD to allow its litigation support contractors to have access to "sensitive information," provided that those contractors are subject to certain restrictions on using and disclosing such information. 

DFARS Case 2014-D016: An interim rule amended the DFARS to implement those sections of the Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2014, that restrict use of military construction funds in various countries, including countries bordering the Arabian Sea. 

DFARS Case 2014-D010: An interim rule amended the DFARS to implement a section of the National Defense Authorization Act for FY 2014 that prohibits the acquisition of commercial satellite services from certain foreign entities.

Proposed Rules

DFARS Case 2013-D029: DoD proposed to amend the DFARS to incorporate policies and procedures concerning payment for contracts for performance in Afghanistan. 

DFARS Case 2013-D013: DoD proposed to amend the DFARS to conform with statute, amend the clause prescriptions, and update the basic and alternate clause for the prohibition on storage, treatment, and disposal of toxic or hazardous materials. 

DFARS Case 2013-D005: DoD proposed to amend the DFARS (i) to create separate prescriptions for the basic clause (as well as each alternate) in each set of foreign acquisition-related provisions/clauses with one or more alternates, and (ii) to include the full text of each provision or clause alternate.

DFARS Case 2012:D051: DoD proposed to amend the DFARS to implement a section of the National Defense Authorization Act for Fiscal Year 2008, specifically to require contractors to annually report service contract direct labor and corresponding dollar value data for prime contractors and subcontractors, using the Enterprise-wide Contractor Manpower Reporting Application (ECMRA) online database, at the end of the Government's fiscal year or at the end of contract performance, whichever comes first.

DFARS Case 2014-D004: A proposed rule would amend the DFARS to revise and update clauses and their prescriptions for special contracting methods, major system acquisition, and service contracting to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems.

DFARS Case 2013-D038: A proposed rule would amend the DFARS to comply with the DoD Instruction that addresses the use of animals in DoD programs. 

DFARS Case 2014-D008: A proposed rule would amend the DFARS to address DoD-unique requirements for defense contractors performing private security functions outside the United States. 

DFARS Case 2014-D003: A proposed rule would amend the DFARS to notify contractors of requirements relating to Afghan taxes.

DFARS Case 2014-D011: DoD proposed to amend the DFARS to clarify the flowdown requirements for DFARS clause 252.225–7009 ("Restriction on Acquisition of Certain Articles Containing Specialty Metals").

DFARS Case 2013-D025: DoD proposed to amend the DFARS (i) to create an overarching prescription for the "Tax Relief" clause with an alternate, (ii) to add a separate prescription for the basic clause, and (iii) to include in the regulation the full text of the alternate clause. 

DFARS Case 2012-D042: DoD proposed to amend the DFARS to ensure appropriate contractor accountability for adequate contractor business systems.

Agriculture

The USDA  amended its regulations concerning Guidelines for Designating Biobased Products for Federal Procurement to incorporate statutory changes to section 9002 of the Farm Security and Rural Investment Act (FSRIA) that were effected when the Food, Conservation, and Energy Act of 2008 (FCEA) was signed into law on June 18, 2008. The USDA is also announcing that an additional rulemaking activity will be initiated to further amend the Guidelines to address the provisions of the recently signed Agricultural Act of 2014.

Bureau of Industry and Security (Department of Commerce)

The Commerce Department's Bureau of Industry and Security (BIS) (i) implemented four previously proposed rules and adding Export Administration Regulations (EAR) controls on energetic materials, personal protective equipment, shelters, military training equipment, articles related to launch vehicles, missiles, rockets, military explosives, and related items that the President has determined no longer warrant control on the United States Munitions List (USML); (ii) added EAR controls on items within the scope of the Munitions List (WAML) of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies that are not specifically identified on the USML or the Commerce Control List (CCL), but that were subject to USML jurisdiction; and (iii) moved certain items that were already subject to the EAR to the new Export Control Classification Numbers (ECCNs) created by this rule. This rule is being published in conjunction with the publication of a State Department's Directorate of Defense Trade Controls rule revising USML Categories IV, V, IX, X, and XVI to control those articles the President has determined warrant control in those categories of the USML. 

The BIS issued a proposed rule to implement provisions in the Defense Production Act Reauthorization of 2009, specifically (i) to clarify existing standards and procedures by which the BIS may require that certain contracts or orders that promote the national defense be given priority over other contracts or orders; (ii) to incorporate new standards and procedures for such prioritization with respect to contracts or orders for emergency preparedness activities; and (iii) to incorporate new standards and procedures by which the BIS may allocate materials, services and facilities to promote the national defense. 

The BIS  corrected a final rule concerning changes to the EAR that appeared in the July 8, 2013, issue of the Federal Register (78 FR 40892). The State Department issued a parallel set of corrections to its rule related to the USML. 

The BIS amended the EAR to harmonize it with revisions made to the Census Bureau’s Foreign Trade Regulations (FTR) by correcting citations, nomenclature, and procedures set forth in the EAR. 

The BIS amended the microprocessor military end-use and end-user control in the EAR by: (i) expanding the scope of microprocessors subject to the restriction and including  related software and technology for the development and production of these chips, (ii) adding a prohibition on the use of license exceptions (including License Exception ENC) and otherwise expanding license requirements for exports, reexports, or transfers (in-country) of microprocessors subject to the military end-use and end-user restriction, and (iii) expanding the scope of controls to cover in-country transfers, in order to control in-country transfers to prohibited military end users or end uses. 

The BIS revised the the CCL (i) to add certain military electronics, technology and software for certain wing folding systems, certain superconducting and cryogenic equipment, and related items that no longer warrant control under the USML; and (ii) to amend ECCNs 7A006 and 7A106 to apply the "missile technology" reason for control only to items in those ECCNs on the Missile Technology Control Regime (MTCR) Annex. This rule is effective December 30, 2014, except for the addition  of software and technology for certain wing folding systems to ECCNs 0D521 and 0E521 via Supplement No. 5 to part 774 of the EAR (amendatory instruction number 24), which became effective July 1.

A final rule:  (i) clarified existing  standards and procedures by which the BIS may require that certain contracts or orders that promote the national defense  be given priority over other contracts or orders; (ii) set new standards and procedures for such prioritization with respect to contracts or orders for emergency preparedness activities; and (iii) set new standards and procedures by which BIS may allocate materials, services and facilities to promote the national defense. 

The BIS issued an interim final rule amending the EAR to impose foreign policy controls on read-out integrated circuits and related software and technology,  radar for helicopter autonomous landing systems, seismic intrusion detection systems and related software and technology, and technology required for the development or production of specified infrared upconversion devices. The read-out integrated circuits and related technology are controlled under new ECCNs on the CCL. An existing ECCN has been amended to control the related software for those items. New paragraphs have been added to certain existing ECCNs to control radar for helicopter autonomous landing systems, seismic intrusion detection systems, and the technology, as mentioned, for specified infrared upconversion devices. Specified existing software and technology ECCNs have been amended to apply to helicopter autonomous landing systems and seismic intrusion detection systems. 

The BIS proposed  to amend the EAR by removing the Special Comprehensive License Authorization.

The BIS sought public comments on ways to improve the recordkeeping requirements of the EAR to reduce unnecessary burden, increase clarity, address changes in technology and data management, and maintain the tools necessary for compliance with and enforcement of the EAR.

Department of Education

The Department of Education proposed extensive revisions to its acquisition regulation to update it to accurately implement FAR and Department policies.

Department of Energy

The EPA amended the EPAAR, to update policy, procedures, and contract clauses, including the " Work Assignments" clause.

Effective January 15, 2015, the EPA amended its acquisition regulation (the EPAAR) to incorporate a class deviation to clauses 1552.209–73 (Notification of Conflicts of Interest Regarding Personnel) and 1552.227-26 (Project Employee Confidentiality Agreement), and their respective prescriptions, to include Alternate 1 for the subcontract flow-down requirements for other than Superfund work. 

State Department

The State Department amended the ITAR to provide the defense trade policy regarding the Central African Republic to reflect certain resolutions adopted by the United Nations Security Council.

As part of the President's Export Reform Control effort, the State Department published an interim final rule amending the ITAR to revise Category XV (Spacecraft and Related Articles) of the USML to describe more precisely items warranting control under this category. In conjunction with the prior rule, the BIS published its own interim final rule adding controls to the EAR for spacecraft and related items that no longer warrant control under the Munitions List. 

Also as part of the President’s Export Control Reform effort, the State Department amended the ITAR to revise USML: (i) Category XI (Military Electronics); (ii) Category VIII (Aircraft and Related Articles) with respect to wing folding systems and (iii) both Categories VIII and XIX, to remove three paragraphs superseded by the revision of Category XI. In concert with these revisions, the Commerce Department's Bureau of Industry and Security  (BIS) revised the the CCL (i) to add certain military electronics, technology and software for certain wing folding systems, certain superconducting and cryogenic equipment, and related items that no longer warrant control under the USML; and (ii) to amend ECCNs 7A006 and 7A106 to apply the "missile technology" reason for control only to items in those ECCNs on the Missile Technology Control Regime (MTCR) Annex. This rule is effective December 30, 2014, except for the addition  of software and technology for certain wing folding systems to ECCNs 0D521 and 0E521 via Supplement No. 5 to part 774 of the EAR (amendatory instruction number 24), which became effective July 1. Subsequently, the BIS amended its regulations: (i) to revise six ECCNs to clarify that they do not control certain basic parts, components, accessories and attachments because those items are controlled in a new ECCN created by a rule previously published on July 1, 2014; (ii) to remove controls on certain monolithic microwave integrated circuit (MMIC) power amplifiers and discrete microwave transistors and related technology (because these controls are no longer necessary given two other rules published after July 1, 2014, which provide appropriate controls on those items); (iii) to clarify the application of "specially designed" to controls published on July 1, 2014, that would apply to printed circuit boards, populated circuit card assemblies and multichip modules to reduce the possibility of confusion; and (iv) to revise three of the amendatory instructions in the final rule published on July 1, to avoid negating changes to the EAR that became effective after that date.