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Contents
Statutes
Executive Orders
and Related Publications
Executive Order
14069 reads in part as follows:
Consistent with
applicable law and subject to the availability of
appropriations, the Federal Acquisition Regulatory
Council, in consultation with the Secretary of Labor
and the heads of other executive departments and
agencies as appropriate, shall consider issuing
proposed rules to promote economy, efficiency, and
effectiveness in Federal procurement by enhancing
pay equity and transparency for job applicants and
employees of Federal contractors and subcontractors.
In doing so, the Federal Acquisition Regulatory
Council shall specifically consider whether any such
rules should limit or prohibit Federal contractors
and subcontractors from seeking and considering
information about job applicants’ and employees’
existing or past compensation when making employment
decisions. The Federal Acquisition Regulatory
Council shall also consider the inclusion of
appropriate accountability measures in any such
rules.
Regulations
Federal Acquisition
Regulation (FAR)
Federal
Acquisition Circulars (FAC)
FAC 2022-04
FAC 2022-04
included the following item:
FAR Case
2021-014: An interim
rule amended the FAR to implement the Executive Order titled
"Increasing the Minimum Wage for Federal Contractors"
and a final rule issued by the Department of Labor by
raising the hourly minimum wage paid by contractors to
workers performing work on, or in connection with,
covered federal contracts to $15.00 per hour beginning
January 30, 2022, and beginning January 1, 2023, and
annually thereafter, an amount to be determined by the
Secretary of Labor.
FAC 2022-05
FAR Case 2021-008: A final rule amended the FAR to implement
Executive Order 14005 to strengthen domestic preferences in
government procurement.
FAC
2022-06 included the following
item (plus technical amendments):
FAR Case 2016-002:
A final rule amended the FAR to
support the SBA's policy of
including overseas contracts in agency
small business contracting goals by permitting small business
contracting procedures, e.g., set-asides,
to apply to overseas procurements.
FAC 2022-08
FAC
2022-08 included the following
four items (plus technical amendments):
FAR Case 2017-019: Effective October 28, a final rule
amends the FAR to
implement statutory and regulatory
changes regarding joint ventures made
by the SBA in its final rule published in the
Federal Register on July 25, 2016, and
to clarify that 8(a) joint ventures are not
certified into the 8(a) program.
Additionally, the rule implements
the SBA’s statutory and regulatory changes
that eliminated SBA approval of joint
venture agreements for competitive 8(a)
awards.
FAR Case
2018-020: Effective October 28, a final rule amends the
FAR to
implement a section of the John S.
McCain NDAA for FY 2019, to require
agencies to provide a notice along with
the solicitation to prospective bidders
and offerors regarding definitization of
requests for equitable adjustment related
to change orders under construction
contracts.
FAR Case
2019-007: Effective October 28, a final rule amends the
FAR to
implement regulatory changes previously made by
the SBA to the HUBZone Program by means of a final
rule on November 26, 2019, at 84 FR
65222, which updated the SBA's regulations to
reflect current policies, eliminate
ambiguities, and reduce burdens on
small businesses and procuring
agencies.
FAR Case 2020-013: Effective October 28, a final rule
amends the FAR to implement a final rule previously
published by the
SBA on May 11, 2020, at 85 FR 27650, implementing section
825(a)(1) of the NDAA for FY 2015,
which amended 15 U.S.C. 637(m) to require WOSB and EDWOSB
concerns to be certified by SBA or an
SBA-approved third-party certifier in
accordance with 13 CFR 127.300.
FAC 2023-01
FAC
2023-01
included the following
three items, plus technical amendments:
FAR Case 2020-014: Effective December 30, a final rule
amends the FAR to
implement the United States-Mexico-
Canada Agreement Implementation Act.
FAR Case
2022-005: Effective December 30, a final rule amends the
FAR to
update statutory references to Title 10 of
the United States Code.
FAR Case
2016-005: Effective December 30, a final rule amends the
FAR to
implement section 887 of the NDAA for FY 2016, specifically to clarify that
agency acquisition personnel are
permitted and encouraged to engage in
responsible and constructive exchanges
with industry, so long as those
exchanges are consistent with existing
law and regulation and do not promote
an unfair competitive advantage to
particular firms.
Other FAR Revisions
Other
Proposed FAR Revisions
FAR Case 2019-008: A proposed rule would amend the FAR
to conform to changes in the SBA's regulations regarding:
(i) the point in the procurement
process at which small business size
status is determined for offers for
multiple-award contracts; (ii) a new ground for a socioeconomic
status protest; (iii) the eligibility requirements for 8(a)
participants under long-term contracts
(i.e., contracts with a duration of more
than 5 years); and (iv) the small business size standard for
information technology value-added
resellers under NAICS
code 541519.
FAR Case 2022-003: A proposed rule would amend the FAR to implement
Executive Order 14063 ("Use of
Project Labor Agreements for Federal
Construction Projects"), which mandates that federal agencies require the use of
project labor agreements (PLAs) for
large-scale federal construction
projects, where the total estimated cost
to the Government is $35 million or
more, unless an exception applies.
Agencies still have the discretion to
require PLAs for construction
projects that do not meet the $35
million threshold.
FAR Case 2022-002: A proposed rule would amend FAR
1.109 to
implement section 861 of the NDAA for
FY 2022,
which provides a statutory exception to
the periodic inflation adjustments of
acquisition-related thresholds under 41
U.S.C. 1908.
FAR Case 2022-007: A proposed rule would amend the FAR to
implement the statutory expiration of
the Federal Helium System in
accordance with the Helium
Stewardship Act of 2013.
FAR Case 2021-015: A proposed would would amend the FAR to
implement a requirement to ensure
certain federal contractors disclose
their greenhouse gas emissions and
climate-related financial risk and set
science-based targets to reduce their
greenhouse gas emissions.
FAR Case 2021-012: A proposed rule would amend the
FAR to
implement regulatory changes made by
the SBA to update and clarify
requirements associated with the 8(a)
program. Comments are due by February 13, 2023.
Department of Defense FAR
Supplement (DFARS)
DFARS Case 2019-D031: A final rule amended the DFARS to implement a section of the
NDAA for
FY 2016 that modifies the
criteria required to exempt certain follow-on
production contracts from competition.
DFARS Case
2021-D012: A final rule amended the DFARS to implement
section 820 of the National Defense Authorization Act (NDAA)
for FY 2021, which authorizes DoD contracting
officers to close out certain physically
complete contracts or groups of contacts
through modification of such contracts,
without completing the requirements of
FAR
4.804–5(a)(3) through (15) based upon
the age of the contract action.
DFARS Case
2021-D013: A final rule amended the DFARS
to implement section 821 of the NDAA for FY 2021 which removes the burden of proof at 10
U.S.C. 2305 (note) when using an
evaluation factor for employing or
subcontracting with members of the
Selected Reserve. Accordingly, this rule
removes DFARS solicitation provision
252.215–7005 ("Evaluation Factor for
Employing or Subcontracting with
Members of the Selected Reserve") and
makes conforming changes to the
associated provision and clause
prescriptions at DFARS 215.370–3.
DFARS Case
2022-D012: A final rule amended the DFARS to add
Lithuania as a "qualifying country" in section 225.003.
DFARS Case
2018-D009: A final rule amended the DFARS to implement
section 818 of the NDAA for FY 2018, which provides enhanced post-award debriefing rights under
negotiated contracts, task orders, and
delivery orders.
DFARS Case 2022-D002: A final rule
amended the
DFARS to modify the nomenclature used for the
threshold for the small business
specialist review of acquisitions to align
it with the threshold for small business
set-asides at FAR 19.502–2(a).
DFARS Case 2019-D045: A final rule amended the DFARS to implement Executive
Order 13881 ("Maximizing Use of
American-made Goods, Products, and
Materials"), which calls for more
aggressive implementation of the Buy
American Act.
DFARS Case 2020-D007: A final
rule amended
the DFARS to
implement a section of the NDAA for FY 2020 that prohibits the acquisition of
tantalum metals and alloys from North
Korea, China, Russia, and Iran.
DFARS Case 2021-D030: A final rule
amended the DFARS to clarify the requirement for
offerors to represent whether former
DoD officials employed by the offeror
are in compliance with post-employment restrictions.
DFARS Case 2020-D009: A final rule
amended the DFARS to implement a section of the
NDAA for FY 2020 that reauthorizes and
modifies the DoD's Mentor-Protégé Program.
DFARS Case
2021-D018: A final rule amended the DFARS to to implement a section of the
NDAA for
FY 2021 that prohibits the
award of any DoD contracts to an entity
that requires its employees to sign
internal confidentiality agreements or
statements that would prohibit or
otherwise restrict its employees from
lawfully reporting waste, fraud, or abuse
related to the performance of a DoD
contract to a designated investigative or
law enforcement representative of DoD
authorized to receive such information.
DFARS Case
2022-D020: A final rule amended the DFARS to remove passive radio
frequency identification requirements.
DFARS Case
2022-D022: A final rule amended the DFARS to
remove the Pilot Program for
Acquisition of Military-Purpose
Nondevelopmental Items, since the
statutory authority for the program has
expired.
DFARS Case
2022-D007: A final rules amended the DFARS to implement section 817 of
the NDAA for FY 2022, which repeals section 829 of
the NDAA for FY 2017, which previously had required
contracting officers to first consider
fixed-price contracts, including fixed-price incentive contracts, when
determining contract type and to obtain
approval from the head of the
contracting activity for certain cost-reimbursement contracts.
DFARS Case
2021-D029: A final rule amended the DFARS to allow for the efficient and
accurate identification of contracts
subject to excise tax withholding and to prohibit use of the Governmentwide
commercial purchase card as a method of payment when the tax
on certain foreign procurements applies.
DFARS Case
2019-D010: A final rule amended the DFARS to implement a section of the
NDAA for
FY 2019, as amended by a
section of the NDAA for FY 2020,
that requires accounting firms that
provide financial statement auditing or
audit remediation services in support of
the Financial Improvement and Audit
Remediation Plan to provide to DoD a
statement setting forth the details of any
disciplinary proceedings with respect to
the accounting firm or its associated
persons before any entity with the
authority to enforce compliance with
rules or laws applying to audit services
offered by the accounting firm. DoD
policy extends this requirement to firms
other than accounting firms.
DFARS Case
2022-D018: Effective December 30, a final rule,
inter alia, amends the
DFARS to implement sections of the
NDAA for
FY 2021 and sections of the
NDAA for
FY 2022 related to the transfer
and reorganization of the defense
acquisition statutes.
DFARS Case 2020-D032: Effective December 30, a final
rule amends the DFARS to implement the United
States-Mexico-Canada Agreement
Implementation Act.
Interim Rules
DFARS Case 2022-D010: An interim rule amended the DFARS
to implement a section of the NDAA for FY 2022
that requires a disclosure from entities that
employ one or more individuals who will perform
work in the People’s Republic of China.
DFARS Case 2022-D008: Effective December 30, an interim
rule amends the DFARS to implement a section of the
NDAA for
FY 2022 that prohibits the use
of funds to knowingly procure any
products mined, produced, or
manufactured wholly or in part by
forced labor from the Xinjiang Uyghur
Autonomous Region. Comments are due by February 14, 2023.
Proposed Rules
DFARS Case 2018-D066: A proposed rule would amend
the DFARS to align it with sections 836 and
837(b) of the John S. McCain NDAA for FY 2019, specifically to revise the
definition of "commercial item.
DFARS Case 2021-D018: A proposed rule would amend DFARS
subpart 203.9 to implement section 883
of the NDAA for FY 2021, which prohibits
the award of a DoD contract to an entity
that requires its employees to sign
internal confidentiality agreements or
statements that would prohibit or
otherwise restrict such employees from
lawfully reporting waste, fraud, or abuse
related to the performance of a DoD
contract to a designated investigative or
law enforcement representative within
the DoD authorized to receive such
information. The statute also requires
entities to inform their employees of the
limitations on confidentiality
agreements or other statements.
DFARS Case 2021-D029: A proposed rule would amend the
DFARS to promote the efficient and accurate
identification of contracts subject to
excise tax withholding and to prohibit the use of the
governmentwide commercial purchase
card as a method of payment when the
tax on certain foreign procurements
applies.
DFARS Case
2018-D018: A proposed rule would amend the DFARS to
implement a section of the NDAA for FY 2018 that requires the DoD to consider
all noncommercial computer software
and related materials necessary to meet
the needs of the agency.
DFARS
Case 2021-D001: A proposed rule would amend the
DFARS to implement a GAO recommendation to update the quick-closeout
procedures and expand contracts
eligible for quick closeout. In lieu of the
thresholds at FAR 42.708(a)(2)(i) and (ii),
this proposed rule provides that cost
amounts are insignificant when
unsettled direct and indirect costs are
less than $2 million on a contract, task
order, or delivery order, regardless of
the total contract, task order, or delivery
order amount. Additionally, DCMA
administrative contracting officers may
negotiate the settlement of direct and
indirect costs for a specific contract,
task order, or delivery order to be closed
in advance of the determination of final
direct costs and indirect rates set forth
in FAR 42.705 regardless of the dollar
value or percentage of unsettled direct
or indirect costs allocable to the
contract.
DFARS Case 2021-D003: A proposed rule would amend the
DFARS
to implement recommendations to
refine management of undefinitized
contract actions (UCAs) as addressed in
the DoD Inspector General Audit of
Military Department Management of
Undefinitized Contract Actions report, which recommends changes to the DFARS to
encourage contractors to provide timely
qualifying proposals, including the
possibility of the Government
withholding a percentage of payments
yet to be paid under a UCA until it
receives a qualifying proposal from the
contractor.
This proposed rule reinforces the
Contracting Officer’s existing authority,
notwithstanding FAR 52.216–26 ("Payments of Allowable Costs Before
Definitization") to withhold up to 5
percent of all subsequent financing
requests or take other appropriate
actions when the contractor does not
submit qualifying proposals in
accordance with the contract
definitization schedule. DoD contracting
officers will appropriately document
contract files and apply contract risk
factors on DD Form 1547, Record of
Weighted Guidelines, under this
proposed rule.
DFARS Case 2019-D043:
DoD proposed to revise the DFARS o implement the intellectual property
(e.g., data rights) portions of the revised
Small Business Innovation Research
(SBIR) Program and Small Business
Technology Transfer (STTR) Program
Policy Directives. Comments are due by
February 17, 2023.
DFARS Case 2017-D036: DoD proposed to amend the DFARS
to provide payment instructions
for certain contracts based on the type
of payment and item acquired. The
proposed rule would require separate
progress payment requests in order to
segregate FMS
and U.S. line items in progress payment
requests. In addition, the proposed rule
provides procedures for structuring
progress payment requests for contracts
with multiple production lots. Comments are due by February 14, 2023.
DFARS Case 2022-D016: DoD sought information to
assist in developing a revision to the DFARS to implement
section 815(b) of the NDAA for FY 2012, which applies to DoD only. Section
815(b) amended 10 U.S.C. 2321
(redesignated as 10 U.S.C. 3782) by
increasing the validation period for
asserted restrictions from three years to
six years. Section 815(b) also amended
10 U.S.C. 2321 to provide an exception
to the prescribed time limit for
validation of asserted restrictions if the
technical data involved are the subject
of a fraudulently asserted use or release
restriction. Comments are
due by February 14, 2023.
Other
Agencies
Agriculture
The Department of Agriculture proposed
extensive changes to its acquisition regulation (the "AGAR") to align the AGAR with changes to acquisition law, regulations, and internal USDA policies since its last major update in 1996.
Army
Bureau of
Industry and Security (Department of Commerce)
DHS
HSAR Case 2020-001: The Department of Homeland Security
(DHS) proposed to amend
its Acquisition
Regulation (HSAR) to add a new subpart
and new contract clause to establish
contract termination policy for the
United States Coast Guard (USCG) and to amend a clause to address the
applicability of USCG’s contract termination policy to commercial items.
DOJ
Effective September 2, the DOJ
is
revising the Justice Acquisition
Regulations (JAR) in its entirety in order
to update and streamline agency
procurement actions consistent with the
Federal Acquisition Reform Act and the
Federal Acquisition Streamlining Act.
DOL
EPA
General Services Administration (GSA)
GSAR Case 2020-G509: A final rule
amended the GSA's acquisition regulation (GSAR) to incorporate existing internal
GSA Federal Supply Schedule (FSS)
policy concerning the option to extend
the term of the contract and the
performance of orders beyond the term
of the base FSS contract.
GSAR Case
2020-G505: Effective January 12, 2023, the GSA is issuing a final
rule amending the General Services
Administration Acquisition Regulation
(GSAR) to make technical amendments
to GSAR clause 552.212–4 regarding
commercial items and its prescribing
section. This GSAR clause is a deviation
to FAR clause 52.212–4, and these technical
amendments update obsolete references,
correct typographical errors, and make
minor editorial changes to improve
clarity of GSA’s deviation to FAR clause
52.212–4.
GSAR
2019-G503: A proposed rule wound amend the GSAR to clarify and streamline the
clauses contracting officers should
reference in GSA acquisitions for
commercial products and commercial
services by updating several clauses and other related
parts to eliminate out of date
references and any requirements that are
not necessary by law.
Government Accountability Office (GAO)
HHS
A final rule revised
the Department of Health and
Human Services Acquisition
Regulations (HHSAR) regarding implementation of the
Buy
Indian Act, which provides the Indian
Health Service (IHS) with authority to
set-aside procurement contracts for
Indian-owned and controlled
businesses.
A
final rule amended the
HHSAR to support the
HHS Electronic Invoicing
Implementation Project and HHS’s
transition to the Department of the
Treasury’s Invoice Processing Platform.
HUD
Interior
A final rule revised the Department of the
Interior’s
acquisition regulations (DIAR) implementing the Buy
Indian Act (which provides the Department with the authority to set aside
procurement contracts for Indian-owned
and controlled businesses), inter alia, to eliminate barriers to Indian
Economic Enterprises from competing
on certain construction contracts,
to expand Indian Economic Enterprises’
ability to subcontract construction work
consistent with other socio-economic
set-aside programs, and to give greater
preference to Indian Economic
Enterprises when a deviation from the
Buy Indian Act is necessary.
NASA
Navy
OFPP
Small Business Administration (SBA)
The SBA set an effective date of January 20 (to be
applicable beginning May 11) for
the requirements in 13 C.F.R. 127.355 ("How will SBA ensure
that approved third-party certifiers are
meeting the requirements?"), a section of the SBA's regulations requiring certifications in
its Women-Owned Small
Business Federal Contract Program.
Effective January 1, 2023, the SBA is amending its
regulations to establish
a certification
program for VOSBs and SDVOSBs to implement
section 862 of the NDAA for FY 2021.
Effective December 19, the SBA is adopting,
without change, its 2019
interim final rule that
adjusted monetary-based industry
size
standards (i.e., receipts- and assets-based) for inflation that has occurred since
2014. This rule also includes
three interim final actions. First, SBA
is adding an additional 13.65 %
inflation increase to the monetary small
business size standards, which have
been recently adjusted as part of the
second five-year review of size
standards pursuant to the Small
Business Jobs Act of 2010.
This concurrent additional adjustment
accounts for the inflation that has
occurred since 2019 that has not been
adequately addressed by the SBA's
previous adjustments to its small
business size standards under the
Act. Secondly, this rule adjusts
three program-specific monetary size
standards to account for inflation: the
size standards for sales or leases of
government property, the size standards
for stockpile purchases, and alternative
size standard based on tangible net
worth and net income for the SBIC
program. Third, the rule adjusts for
inflation the economic disadvantage
thresholds applicable to the 8(a)
Business Development and
Economically Disadvantaged Women-Owned Small Business (EDWOSB)
programs and the dollar limit for
combined total 8(a) contracts.
Tthe SBA
amended its
regulations to implement
provisions of the NDAA for FY 2021 by providing new
methods for small business government
contractors to obtain past performance
ratings to be used with offers on prime
contracts with the Government.
A small business contractor may use a
past performance rating for work
performed as a member of a joint
venture or for work performed as a first-tier subcontractor. The rule also updates the requirements for small
business subcontracting plans so that prime contractors must
provide past performance ratings to a first-tier,
small business subcontractor when
requested by that business.
A final rule amended the SBA's size regulations to
adopt a
24-month average to
calculate a business concern’s number
of employees for eligibility purposes in
all of the SBA’s programs.
The SBA
increased its
receipts-based and employee-based size standards for 22
industries in NAICS Sector 42
(Wholesale Trade) and 35 industries in
NAICS Sectors 44–45 (Retail Trade).
The SBA increased its receipts-based
small business size standards for multiple industries in
NAICS sectors related to:
(a) Agriculture, Forestry,
Fishing and Hunting; Mining,
Quarrying, and Oil and Gas Extraction;
Utilities; and Construction ;
(b) Education Services;
Health Care and Social Assistance; Arts,
Entertainment and Recreation;
Accommodation and Food Services; and
Other Services ;
(c)
Professional, Scientific
and Technical Services; Management of
Companies and Enterprises;
Administrative and Support and Waste
Management and Remediation Services ; and
(d)
Transportation and
Warehousing, Information, Finance and
Insurance, and Real Estate and Rental
and Leasing
The SBA is adopted,
without change, its 2019
interim final rule that
adjusted monetary-based industry
size
standards (i.e., receipts- and assets-based) for inflation that has occurred since
2014. This rule also includes
three interim final actions. First, SBA
is adding an additional 13.65 %
inflation increase to the monetary small
business size standards, which have
been recently adjusted as part of the
second five-year review of size
standards pursuant to the Small
Business Jobs Act of 2010.
This concurrent additional adjustment
accounts for the inflation that has
occurred since 2019 that has not been
adequately addressed by the SBA's
previous adjustments to its small
business size standards under the
Act. Secondly, this rule adjusts
three program-specific monetary size
standards to account for inflation: the
size standards for sales or leases of
government property, the size standards
for stockpile purchases, and alternative
size standard based on tangible net
worth and net income for the SBIC
program. Third, the rule adjusts for
inflation the economic disadvantage
thresholds applicable to the 8(a)
Business Development and
Economically Disadvantaged Women-Owned Small Business (EDWOSB)
programs and the dollar limit for
combined total 8(a) contracts.
The SBA
proposed to increase 150 and retain
282 employee-based size standards in NAICS sectors related to:
Mining, Quarrying, and Oil and Gas
Extraction (Sector 21); Utilities (Sector
22); Manufacturing (Sector 31–33);
Transportation and Warehousing (Sector
48–49); Information (Section 51);
Finance and Insurance (Sector 52);
Professional, Scientific and Technical
Services (Sector 54); and Administrative
and Support, Waste Management and
Remediation Services (Sector 56).
The SBA
proposed to amend its small business
size regulations to incorporate the
OMB's NAICS revision
for 2022 ("NAICS 2022") into its table of small business size standards. The
NAICS 2022 revision created 111 new industries
by reclassifying, combining, or splitting 156
NAICS 2017 industries or their parts. SBA’s
proposed size standards for these 111 new
industries under NAICS 2022 have resulted in an
increase to the size standards for 21 industries
and 27 parts of three industries under NAICS
2017, a decrease to size standards for seven
industries and 41 parts of one industry, a
change in the size standard measure from average
annual receipts to number of employees for one
industry, a change in the size standard measure
from number of employees to average annual
receipts for a part of one industry, and no
change in size standards for 118 industries and
33 parts of eight industries. SBA proposes to
adopt the updated table of size standards,
effective October 1, 2022. Subsequently, the SBA
adopted the changes as final.
The SBA proposed
revisions to its regulations to implement the statutory
provisions transferring the responsibility for certifying
small businesses as veteran-owned (VO) or small
disadvantaged veteran-owned (SDVO) from the VA to the SBA,
effective January 1, 2023, with the aim that only
certified VO and SDVO small businesses will be eligible for
sole source or set aside contracts limited to such business
across the federal government, rather than just for VA
contracts.
The SBA proposed to
make several changes to the ownership
and control requirements for the 8(a)
Business Development (BD) program,
including recognizing a process for
allowing a change of ownership for a
former Participant that is still
performing one or more 8(a) contracts
and permitting an individual to own an
applicant or Participant where the
individual can demonstrate that
financial obligations have been settled
and discharged by the
Government. The rule also proposes to
make several changes relating to 8(a)
contracts, including clarifying that a
contracting officer cannot limit an 8(a)
competition to Participants having more
than one certification and clarifying the
rules pertaining to issuing sole source
8(a) orders under an 8(a) multiple award
contract. The proposed rule would also
make several other revisions to
incorporate changes to SBA’s other
government contracting programs,
including changes to implement a
statutory amendment from the NDAA for FY 2022, include blanket purchase
agreements in the list of contracting
vehicles that are covered by the
definitions of consolidation and
bundling, and more clearly specify the
requirements relating to waivers of the
nonmanufacturer rule.
The SBA proposed
to amend its
regulations to implement portions of the NDAA for FY 2020,
specifically to permit
a prime contractor with an individual
subcontracting plan to apply credit for
subcontracts to small businesses at
lower tiers toward its subcontracting
goals. To do so, the prime contractor
would incorporate the lower-tier
subcontracting performance into its
subcontracting-plan goals. comments are due by February 17, 2023.
In accordance with provisions of the NDAA for
FY 2022, the SBA proposed to
amend the rules of practice of its Office
of Hearings and Appeals (OHA) and the
Historically Underutilized Business
Zone (HUBZone) Program in order to implement procedures
authorizing appeals
to OHA from protest determinations regarding the status of a
concern as a certified HUBZone small business concern. Comments are
due by January 17, 2023.
State Department
A
final rule amended the Department of State's acquisition
regulation (the "DOSAR") by adding an "Examination
of Records" contract clause (at 652.215-70) and its
prescriptive clause (at 615.209-70).
Transportation
Effective November 7 a
final rule extensively revises the DOT's
Acquisition Regulation (TAR) in order to streamline the
regulation, to revise or remove policy
that has been superseded by changes in
the FAR, to remove procedural guidance
that is internal to the DOT and move it to the Transportation Acquisition Manual
(TAM) as appropriate, and to incorporate new regulations or
policies required to implement or supplement the FAR to
execute DOT’s unique mission and responsibilities.
Treasury
USAID
The United States Agency for International
Development (USAID)
proposed to revise its acquisition regulations ("AIDAR") in order to expand
fringe benefits for personal services
contracts with individuals who are U.S.
nationals by providing a paid parental
leave benefit comparable to what is
available to USAID’s U.S. direct-hire
employees and by providing a relocation
expense reimbursement similar to the
benefit provided to USAID’s direct-hire
Foreign Service Officer
employees.
USAID
proposed to amend its
the AIDAR regarding
contractor requirements on foreign tax
reporting, conference planning, and
trade and investment activities in order to bring the
AIDAR into compliance with revised
agency policies and procedures and
statutory requirements.
VA
As part of its continuing efforts
to update its acquisition regulation (the "VAAR"), the
VA proposed revisions to Parts 801, 802, 808, 816, 835,
and 852. The VA also
proposed changes to Parts 802, 807 (removed), 808, 810, 813, 819 ("Small Business Programs"--extensive changes), 832, 852, and 853. Effective
November 25, the VA
adopted as final
(with only
one, non-substantive change) the
proposed rule.
Effective December 21, the VA
is adopting as final, with only one non-substantive change, the
prior proposed rule
to amend Parts 801, 802, 808, 816, 835, and 852 of its acquisition regulation (the "VAAR") in
order to add
new policy and regulatory requirements,
to update existing policy, to remove redundant guidance in affected parts, and to place
guidance that is applicable only to VA’s
internal operating processes or
procedures in the VAAM.
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