FAC 2024-03
FAC
2024-03 included the following
two items:
FAR Case 2022-009: An interim rule amended the FAR to
implement regulatory changes made by
the SBA to implement
section 862 of the William M. (Mac)
Thornberry NDAA for FY 2021, which transfers the
verification of small business concerns
owned and controlled by veterans or
service-disabled veterans from the
VA to
SBA and creates
a certification requirement for SDVOSB concerns seeking sole-source
and set-aside awards under the SDVOSB
Program across the Federal Government.
Section 862 provides for a one-year
grace period after the transfer date for SDVOSBs to submit an application for
certification to SBA, during which SDVOSBs may continue to self-represent their
socioeconomic status in SAM.
FAR Case 2023-012: A final rule amended the FAR to incorporate revised thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative.
FAC 2024-04
FAC
2024-04 included the following
item:
FAR Case 2022-010:
A final rule amended
the FAR to add the framework for a new FAR Part 40, which will contain the
policies and procedures for managing
information security and supply chain
security when acquiring products and
services.
FAC 2024-05
FAC
2024-05 included the following item:
FAR Case 2022-006: A final rule amended the FAR to
focus on current environmental and
sustainability matters and to implement
a requirement for agencies to procure
sustainable products and services to the
maximum extent practicable.
FAC 2024-06
FAC
2024-06 included the following
three items (plus technical amendments):
FAR Case 2023-007: A final rule amended the FAR to
implement section 822(a)(3)
of the James M. Inhofe NDAA for FY 2023, which increased the
Congressional committee notification
threshold under Public Law 85–804 (41
U.S.C. 1431) to $150 million.
FAR Case
2021-009: A final rule amended the
FAR to implement regulatory changes made by
the SBA to
update and clarify requirements
associated with size and socioeconomic
status protests in connection with
multiple-award contract set-asides and
reserves, and orders placed under
multiple-award contracts.
FAR Case 2015-038:
A final rule amended the FAR to provide
guidance on the use of reverse auctions.
FAC 2024-07
FAC
2024-07 included the following item plus technical amendments:
FAR Case 2023-005:
A final rule amended the FAR to align the penalties language
at FAR 52.203–11 ("Certification and
Disclosure Regarding Payments to
Influence Certain Federal Transactions") with the
equivalent penalties language at FAR clause at 52.203–12 ("Limitation on Payments to Influence
Certain Federal Transactions").
FAC 2025-01
FAC
2025-01 included the following two items:
FAR Case 2024-002: An interim rule amended the FAR to
implement a prohibition on the procurement and operation of
unmanned aircraft systems manufactured or assembled by an
American Security Drone Act-covered foreign entity.
FAR Case
2023-018: An interim rule amended the FAR by
revising the solicitation provision at FAR 52.204–7 ("System
for Award Management") to clarify the SAM preaward
registration requirements in paragraph (b)(1) of the
provision.
FAC 2025-02
FAC
2025-02 included the following
two items plus technical amendments:
FAR Case 2019-017: Effective January 3, 2025, a final
rule amends the FAR to to
implement a section of the Frederick
Douglass Trafficking Victims Prevention
and Protection Reauthorization Act of
2018, which requires that domestic
carriers who contract with the federal government to provide air
transportation must submit an annual
report with certain information related
to prevention of human trafficking.
FAR Case
2022-009: A final rule adopted, without change, the prior
interim rule amending the FAR to to
implement the final rules published by
the SBA to
implement sections of the NDAAs for FY 2021 and 2022.
FAR Case 2019-017: Effective January 3, 2025, a
final rule amends the FAR to
implement a section of the Frederick
Douglass Trafficking Victims Prevention
and Protection Reauthorization Act of
2018, which requires that domestic
carriers who contract with the Federal
Government to provide air
transportation must submit an annual
report with certain information related
to prevention of human trafficking.
Other Proposed FAR Revisions
FAR Case 2021-020: A proposed rule would amend the FAR to implement regulatory changes made by
the SBA to
update and clarify requirements
associated with the limitations on
subcontracting and the
nonmanufacturer rule.
FAR Case 2019-015: A proposed rule would amend the FAR
to improve consistency between the
procurement and nonprocurement
procedures on suspension and
debarment, based on the
recommendations of the Interagency
Suspension and Debarment Committee.
FAR Case
2023-021: A proposed rule would amend the FAR to
implement a proposed governmentwide policy that would
prohibit contractors and subcontractors
from seeking and considering
information about job applicants’
compensation history when making
employment decisions for certain
positions. Under the proposed policy
and the proposed regulatory
amendments, contractors and
subcontractors would also be required
to disclose the compensation to be
offered to the hired applicant in job
announcements for certain positions. Subsequently, the proposed rule was
withdrawn.
FAR Case 2023-008: A proposed rule would amend the FAR
to implement paragraphs (a), (b), and (h) in
section 5949 of the James M. Inhofe
NDAA for
FY 2023 that prohibits
executive agencies from procuring or
obtaining certain products and services
that include covered semiconductor
products or services effective December
23, 2027.
FAR Case 2023-001: A proposed rule would amend the FAR to implement
regulatory changes made by the SBA in its
final rule published on October 16,
2020, at 85 FR 66146, to implement
paragraphs (a) and (d) of section 861 of
the John S. McCain NDAA for FY 2019, which add Puerto Rico to the
list of territories from which small
businesses are eligible for preferential
treatment under the SBA mentor-protégé program.
In addition, this rule implements
SBA’s final rule published on August
19, 2022, at 87 FR 50925, to implement
paragraphs (a) and (c) of section 866 of
the NDAA for FY 2021, which add the U.S. Virgin
Islands, American Samoa, Guam, and
the Commonwealth of the Northern
Mariana Islands (CNMI) to the list of
territories from which small businesses
are eligible for preferential treatment
under the SBA mentor-protégé
programs. Section 866 also defines a
"covered territory business" as a small
business concern that has its principal
office located in one of the following: (1)
the U.S. Virgin Islands; (2) American
Samoa; (3) Guam; or (4) CNMI. Sections 861 and 866 created two new
incentives for SBA’s small business
mentor-protégé program for mentor-protégé pairs in which the protégé has its principal office located in the
Commonwealth of Puerto Rico or is a
covered territory business. Specifically,
such a mentor that subcontracts to its
protégé is able to receive positive
consideration for the mentor’s past
performance evaluation and is able to
apply costs incurred for training
provided to its protégé to its
subcontracting plan goals.
In addition, this rule implements
changes SBA made to its regulations to
clarify that: (i) subcontracting plans are not
required from firms owned by an Alaska
Native Corporation because they
are treated as small business concerns
according to statute; and (ii)
prime contractors may rely on a
subcontractor’s representations of its
size and socioeconomic status unless
the prime contractor has reason to doubt
the representations.
FAR Case 2023-013: A proposed rule would amend the FAR
to implement
regulatory changes made by the SBA in
its final rule published on April 10,
2023 (88 FR 21086) to implement
section 864 of the NDAA FY 2022 (Pub. L. 117–81), which authorizes the SBA's OHA to decide
all appeals from formal status protest
determinations in connection with the status of a HUBZone concern.
Prior to section 864 and SBA’s final
rule, appeals of HUBZone status
determinations were decided by the
SBA’s Associate Administrator, Office
of Government Contracting and
Business Development. This rulemaking proposes to implement SBA’s final rule,
dated April 10, 2023 (a) to specify in the FAR that the OHA is responsible for deciding all
appeals of status protest determinations
for a HUBZone concern, (b) to identify the
information that must be included in an
appeal of a HUBZone status protest
determination, and (c) to remove the
requirement for a HUBZone concern to
represent its status in the SAM, as it is no
longer necessary since HUBZone
concerns are certified by the SBA.
FAR Case 2024-004:
A proposed rule would amend the FAR to implement the
following statutory amendments to rules concerning combating trafficking in
persons in federal contracts: (i) Section 108 of the Justice for
Victims of Trafficking Act of 2015 amended the definition of
"sex trafficking" at 22 U.S.C. 7102 to
clarify the range of conduct considered
sex trafficking; and (ii)
Section 2 of the End Human
Trafficking in Government Contracts
Act of 2022 amended
22 U.S.C. 7104b(c)(1) to require that,
upon receipt of an Inspector General’s
report substantiating an allegation of
violations by a contractor or
subcontractor, the agency head refer the matter to the agency suspending and
debarring official.
FAR Case 2023-003: A proposed rule would amend the FAR
to implement section
2 of the Construction Consensus
Procurement Improvement Act of 2021, which, in turn, amended
section 402 of Title IV of Division U of
the Consolidated Appropriations Act,
2021 (entitled "the
Construction Consensus Procurement
Improvement Act of 2020") to require
rulemaking to promulgate a definition of
"complex, specialized, or substantial
design and construction services," to include site planning and
design, architectural and engineering
services, interior design, performance of
substantial construction work for
facility, infrastructure, and
environmental restoration projects, and
construction or substantial alteration of
public buildings or public works. The
statute prohibits the use of reverse
auctions for such services having a
value that exceeds the simplified
acquisition threshold.
FAR Case 2024-001: A proposed rule would amend the FAR to further
implement 41
U.S.C. 1908, which requires
an adjustment every five years of
statutory acquisition-related thresholds
for inflation. The adjustment uses the
Consumer Price Index for all urban
consumers and does not apply to the
Davis-Bacon Act, Service
Contract Labor Standards statute,
performance and payment bonds, and
trade agreements thresholds. The proposal would use the
same methodology to adjust nonstatutory FAR acquisition-related
thresholds in 2025.
Department of Defense FAR
Supplement (DFARS)
Final
Rules
DFARS Case 2022-D019: A final rule amended the DFARS to
supplement the FAR's implementation of E.O. 14005 ("Ensuring
the Future Is Made in All of America by All of America’s
Workers").
DFARS Case 2020-D021: A final rule amended the DFARS to
implement section 372(f) of the NDAA for FY 2020, which requires DoD contracting officers to
include a clause in contracts when
contract working dogs are provided
under the contract.
DFARS Case 2023-D011: A final rule amends the DFARS to implement section
856 of the James M. Inhofe NDAA for
FY 2023, which (i) transfers section 831 of
the NDAA for FY 1991 to 10 U.S.C. 4902 and authorizes
the DoD Mentor-Protégé Program on a
permanent basis and (ii)
extends the term for program participation and removes the term
limitation for mentors to incur costs
under mentor-protégé agreements
entered into after December 23, 2022.
DFARS Case
2020-D011: A final rule adopted with changes the prior interim rule amending the
DFARS to implement a
section of the NDAA for FY 2020
that prohibits DoD procurement of
fluorinated aqueous film-forming foam
containing in excess of one part per
billion of perfluoroalkyl and
polyfluoroalkyl substances after October
1, 2023, unless an exemption applies.
DFARS Case
2023-D023: A final rule amended the DFARS to incorporate revised
thresholds for application of the World
Trade Organization Government
Procurement Agreement and the Free
Trade Agreements, as determined by the
United States Trade Representative.
DFARS Case
2023-D009: A final rule amended the DFARS to implement section
808 of the
NDAA
FY 2023, which limits the number
of low-rate initial production lots
associated with a major defense
acquisition program under certain
circumstances.
DFARS Case
2023-D010: A final rule amended the DFARS to implement section 803 of the James M. Inhofe
NDAA for FY 2023, which modifies 10
U.S.C. 3455 to provide additional
guidance regarding data requirements to
support a determination of
commerciality and price reasonableness
for certain procurements associated
with major weapon systems.
DFARS Case
2021-D022: A final rule amended the DFARS to implement
sections 845 and 1603 of the NDAA for FY 2021,
section 816 of the NDAA for FY 2022, section 853 of the
NDAA for FY 2023,
and section 8016 of the Consolidated
Appropriations Act of 2023, which amend 10
U.S.C. 2534 (now 10 U.S.C. 4864) to
require acquisition of certain items and
components from the national
technology and industrial base. The
national technology and industrial base
is defined at 10 U.S.C. 4801 as the
United States, Australia, Canada, New
Zealand, or the United Kingdom.
DFARS Case
2021-D015: A final rule amended the DFARS to implement section
844 of the NDAA for FY 2021, which amends 10 U.S.C. 2533c
(redesignated 10 U.S.C. 4872) and
removes from the restriction "material
melted" and replaces it with "material
mined, refined, separated, melted," and also removes the reference to "tungsten" replaces
it with "covered
material" in the exception for
COTS items to the restriction of 50
percent or more by weight. The final
rule also implemented section 854 of the NDAA for FY 2024 that
amends the effective date in section
844(b), extending the effective date of
the restriction from 5 years to 6 years.
DFARS Case 2024-D019: A final rule
amended the DFARS to implement section 2881 of the NDAA for FY 2024,
which increases the statutory fee
limitation at 10 U.S.C. 7540, 8612, and
9540 from six to 10 percent that may be
earned by contractors providing certain
architect and engineering services under
contracts with the Departments of the
Army, Navy, and Air Force.
DFARS Case 2023-D014: A final rule amended the DFARS to
implement section 1411 of the NDAA for
FY 2023, repeals 10 U.S.C. 187,
which established the Strategic
Materials Protection Board, and amends
section 10 of the Strategic and Critical
Materials Stock Piling Act to establish the Strategic and
Critical Materials Board of Directors.
Therefore, this final rule removes the
name "Strategic Materials Protection
Board" and inserts the new name
"Strategic and Critical Materials Board
of Directors" in the DFARS.
DFARS Case 2024-D024: A final rule amended the DFARS to
align it with the FAR by (a) changing the title of DFARS
part 223 to "Environment, Sustainable
Acquisition, and Material Safety" and
the title of subpart 223.3 to "Hazardous Material Identification, Material
Safety Data, and Notice of Radioactive Materials," (b) adding subpart
223.1 ("Sustainable Products and
Services") and moving the content from
subparts 223.4 and 223.8 to this newly
added subpart., and (c) moving the
content of subpart 223.5 ("Drug-Free
Workplace") to newly added subpart
226.5 ("Drug-Free Workplace"), which also involves relocating
the contract clause at DFARS 252.223–
7004 ("Drug-Free Work Force") to DFARS
252.226–7003 ("Drug-Free Work Force").
DFARS Case 2022-D013: A final
rule amended the DFARS to implement section
843 of the NDAA for FY 2022, which requires offerors to certify that fuel
to be provided for a contract in support
of an overseas contingency operation is
not sourced from a prohibited nation or
region and to furnish such records as are
necessary to verify their compliance
with applicable export control and
anticorruption regulations and statutes.
Section 843 also requires contracting
officers, when conducting a source
selection for such contracts, to consider
using tradeoff processes and certain
evaluation factors. If the contracting
officer does not consider a tradeoff
process prior to issuing the solicitation,
the contracting officer is required to
justify in writing why a tradeoff process
was not considered. Section 843 also
requires the contracting officer to
ensure, prior to contract award, that the
offeror is not disqualified based upon an
unsupported denial of access to a
facility or equipment by the host nation.
DFARS Case
2022-D023: A final rule amended the
DFARS to align it with the
FAR
transition from the Data Universal
Numbering System to the unique entity
identifier in the System for Award
Management.
DFARS Case
2020-D026: A final rule amended the
DFARS to
remove the solicitation provision at
DFARS 252.247–7022 ("Representation of
Extent of Transportation By Sea") and to
revise the contract clause at DFARS
252.247–7023 ("Transportation of
Supplies by Sea") accordingly, to effect
the purpose of the provision using only
the contract clause.
DFARS Case
2022-D014: A final rule amended the
DFARS to implement section
822 of the NDAA for FY 2022, which
amends 10 U.S.C. 4025. Section 822
provides the authority to carry out
advanced technology prize programs to
award contracts to recognize
outstanding achievements in basic,
advanced, and applied research,
technology development, and prototype
development. Section 822 specifies the
award of a contract as a prize is a
competitive procedure if the solicitation
is widely advertised. Section 822 also
requires approval of such awards that
exceed $10,000 and congressional
reporting for contracts that exceed $10
million.
DFARS Case
2021-D020: A final rule amended the
DFARS to implement section
1024 of the William M. (Mac)
Thornberry NDAA for FY 2021, which amends 10 U.S.C. 2631 to,
inter alia, clarify
the circumstances in which the DoD may seek
a waiver from the basic requirement for
DoD supplies to be transported by seas
in either vessels belonging to the United
States or vessels of the United States.
DFARS Case 2018-D074:
A final rule amended the DFARS to implement
paragraphs (b) and
(c) of section 849 of the NDAA for
FY 2018
and section 837 of the NDAA for FY
2019. Specifically, DFARS 212.371 is amended to add
the contract clauses at DFARS 252.204–
7012 ("Safeguarding Covered Defense
Information and Cyber Incident
Reporting") and 252.205–7000 ("Provision
of Information to Cooperative
Agreement Holders") to the list of
solicitation provisions and contract
clauses that are inapplicable to contracts
for the acquisition of COTS items.
DFARS 212.301 is amended to restore
to the list of provisions and clauses that
apply to commercial products and
commercial services, the clause at
DFARS 252.203–7005 ("Representation
Relating to Compensation of Former DoD Officials").
DFARS Case 2024-D016: A final rule amended the DFARS to implement section 865 of
the NDAA for FY 2024, which requires DoD
contracting officers to consider relevant
past performance of affiliate companies
of small business concerns during the
evaluation of past performance in
response to a competitive solicitation.
DFARS Case
2024-D026: A final rule amended the DFARS to provide updates to the
existing definition of "departments and
agencies" in order to provide updates to the list of defense agencies in that
definition.
DFARS Case 2023-D007: A final rule amended the
DFARS to implement section 802 of
the NDAA for FY 2023, which amends 10 U.S.C.
3406 and adds a requirement
at 10 U.S.C. 3406(h)(1) for DoD
contracting officers to use qualification-based selections when awarding task
orders and delivery orders for
A&E
services in accordance with FAR subpart
36.6 and 40 U.S.C. chapter 11 (The
Brooks Act). Section
802 also adds, at 10 U.S.C. 3406(h)(2), a direction that prevents contracting
officers from routinely requesting
additional information regarding
qualifications when awarding task
orders or delivery orders under a
multiple-award contract.
DFARS Case 2019-D043: Effective January 17, 2025, a
final rule amends the DFARS to implement the data rights
portions of the Small Business
Innovation Research Program and Small
Business Technology Transfer Program
Policy Directives.
DFARS Case 2022-D013: A proposed rule would amend the
DFARS to implement section 843 of the NDAA for FY, which requires offerors
to certify that fuel to be provided for a
contract in support of an overseas
contingency operation is not sourced
from a prohibited nation or region and
to furnish such records as are necessary
to verify their compliance with
applicable export control and
anticorruption regulations and statutes.
DFARS Case 2021-D002: A proposed rule would amend the
DFARS to to
introduce coverage of trademarks and
similar designations, such as popular
names and program names.
DFARS Case
2020-D026: A proposed rule would amend the DFARS to remove a DFARS solicitation provision
and modify the text of an existing
DFARS contract clause (both of which related to the transportation of supplies
by sea) to include the
operative text of that former DFARS solicitation provision.
DFARS Case
2022-D014: A proposed rule would amend the DFARS to implement section
822 of the NDAA for FY 2022, which provides procedures and
approval and reporting requirements for
contracts awarded as prizes for
advanced technology achievements.
DFARS Case
2021-D020: A proposed rule would amend the DFARS to implement section
1024 of the William M.
(Mac) Thornberry NDAA FY 2021, which is
intended to increase compliance with
military cargo preference requirements.
DFARS Case
2022-D014: A proposed rule would amend the DFARS to
implement section 822 of the NDAA for FY 2022, which
provides procedures and approval and reporting
requirements for contracts awarded as prizes for
advanced technology achievements.
DFARS Case
2021-D020: A proposed rule would amend the DFARS
to implement section 1024 of the William M. (Mac)
Thornberry NDAA FY 2021, which is intended to increase
compliance with military cargo preference
requirements.
DFARS Case
2022-D016: A proposed rule would amend the DFARS to
implement section 815(b) of the NDAA for FY 2012, which addresses the
validation of proprietary data
restrictions, specifically by increasing the validation period for
asserted restrictions from three years to
six years and to provide an exception
to the prescribed time limit for
the validation of asserted restrictions if the
technical data involved are the subject
of a fraudulently asserted use or release
restriction.
DFARS Case
2022-D016: A proposed rule would amend the DFARS to
implement section 815(b) of the NDAA for FY 2012, which addresses the
validation of proprietary data
restrictions, specifically by increasing the validation period for
asserted restrictions from three years to
six years and to provide an exception
to the prescribed time limit for
the validation of asserted restrictions if the
technical data involved are the subject
of a fraudulently asserted use or release
restriction.
DFARS Case
2024-D004: A proposed rule would revise the DFARS to
implement section 874 of the NDAA for FY 2022 (as
amended by section 872 of the NDAA for FY 2024), which
authorizes DoD to establish a pilot program that
allows for the noncompetitive award of certain
follow-on contracts to employee-owned businesses that
meet the definition of a qualified business.
DFARS Case
2024-D006: A proposed rule would revise the DFARS to implement section 853 of the
NDAA for FY 2024, which
amends the definitions of nonprofit
organization and business entities at 10
U.S.C. 4951 for the Procurement
Technical Assistance Program. DoD
implements the requirements at 10
U.S.C. 4951 through its APEX
Accelerators (formerly known as
Procurement Technical Assistance
Centers), which are managed by the DoD
Office of Small Business Programs.
DFARS Case 2021-D006: A proposed rule would amend
the DFARS to implement section 806 of the NDAA for FY 2021, which amends section 893
of the NDAA for FY 2011. Section 893 of the NDAA for FY
2011 requires a program for the
improvement of contractor business
systems and provides for DoD approval
or disapproval of contractor business
systems. In connection with those evaluations, section 806 of the NDAA for
FY 2021 defines the term "material
weakness," which replaces the term
"significant deficiency."
DFARS Case 2023-D007: A proposed rule would amend the
DFARS to implement section 802 of
the NDAA for FY 2023, which added (i) a requirement
at 10 U.S.C. 3406(h)(1) for DoD
contracting officers to use qualification-based selections when awarding task
orders and delivery orders for
architectural and engineering services in accordance with FAR subpart
36.6 and the
Brooks Architect Engineer Act (ii) a direction that prevents contracting
officers from routinely requesting
additional information regarding
qualifications when awarding task
orders or delivery orders under a
multiple-award contract.
DFARS Case
2019-D041: A proposed rule would amend the DFARS to
incorporate contractual requirements
related to the proposed Cybersecurity
Maturity Model Certification 2.0
program rule, Cybersecurity Maturity
Model Certification Program and to partially
implement a section of the NDAA for FY 2020 that directed the Secretary of
Defense to develop a consistent,
comprehensive framework to enhance cybersecurity for the U.S. defense industrial
base.
DFARS
Case 2024-D023: A proposed rule would amend the DFARS to
implement sections of the NDAA for FY 2024, which amended a section of the
NDAA for
FY 2021 that provides for the
limitation of funds, authorized to be
appropriated or otherwise made
available for any FY for DoD, to
be provided to an institution of higher
education that hosts a Confucius
Institute, which is defined as
any program that receives funding or
support from the Chinese International
Education Foundation, the Center for
Language Exchange Cooperation of the
Ministry of Education of the People’s
Republic of China, or any cultural
institute funded by the government of
the People’s Republic of China.
DFARS Case
2022-D004: A proposed rule would amend the DFARS to
implement section 811(b) of the NDAA for FY 2018,
section 814 of the NDAA for FY 2021, and section 804
of the NDAA for FY 2022. Section 811(b) of the NDAA
for FY 2018 (now 10 U.S.C. 3705(a)) requires offerors
to submit data other than certified cost or pricing
data upon the contracting officer's request. Section
814 of the NDAA for FY 2021 (now 10 U.S.C. 3702(a)(2),
(3), and (4)) establishes a $2 million threshold for
the Truthful Cost or Pricing Data statute's (formerly
the Truth in Negotiations Act (TINA) and still
referred to as TINA) requirements with respect to
contract modifications, subcontracts, and
modifications to subcontracts, respectively. Section
804 of the NDAA for FY 2022 augments the requirement
at 10 U.S.C. 2306a(a)(6) (now 10 U.S.C. 3702(f)) for
contracting officers to modify contracts to reflect
the relevant TINA threshold.
DFARS
Case 2024-D007: A proposed rule would amend the DFARS to
implement section 812 of the NDAA for FY 2024, which
prohibits contracting officers from awarding contracts
assigned a NAICS code beginning with 5416 (for
management, scientific, and technical consulting
services) to offerors who hold contracts that involve
consulting services with certain covered foreign
entities. Section 812 allows an offeror to submit a
conflict-of-interest mitigation plan and allows the
prohibition to be waived under certain circumstances.
DFARS Case 2020-D028: A proposed rule would amend the DFARS
to implement a GAO recommendation that agencies take steps to ensure
that appropriate agency-funded
fundamental research data are readily findable by, and
accessible to, the public.
DFARS Case 2018-D064: A proposed rule
would amend the DFARS to implement sections 1655(a) and (c) of
the NDAA for FY 2019. Section 1655(a) prohibits DoD from acquiring products, services,
or systems relating to information or
operational technology, cybersecurity,
industrial control systems, or weapon
systems through a contract unless the
offeror or contractor provides
disclosures related to sharing source
code and computer code with foreign
governments. Section 1655(c) requires
contracts for those products, services, or
systems to include a clause requiring
the disclosures during the contract
period of performance if an entity
becomes aware of information requiring
disclosure.
Other
Agencies
Department of Agriculture
The Department
of Agriculture proposed to make administrative amendments to
its acquisition regulation (AGAR) to align the
AGAR with changes
to acquisition law, regulations, and
internal USDA policies since the
AGAR’s last major revision in 1996. There are
many aspects that are no longer relevant
and are consequently deleted or revised
as necessary. Also, there are various
parts of the FAR that have been updated
since the AGAR’s last revision, many of
which compel USDA to establish
agency-specific guidance on how to
comply with the newer FAR
requirements. Subsequently, the Department finalized these
revisions.
Department of Energy
The DOE published
a final rule comprehensively
revising its
acquisition regulation (the DEAR) in order to
update and streamline the policies,
procedures, provisions and clauses that
are applicable to the Department’s
contracts, including
eliminating coverage that is obsolete or
that unnecessarily duplicates the FAR and adding
several new clauses and amending several
others in order to promote
more uniform application of the DOE’s
contract award and administration
policies.
Department of Homeland Security
The DHS proposed to amend
its acquisition regulation (HSAR) provision that
relate to the Kissell Amendment (a
section of the American Recovery and
Reinvestment Act of 2009 that deals
with the acquisition of certain clothing,
canvas or textile products and natural
and synthetic fabrics) in order to
reduce confusion and provide clarity to
the requirements under that
Amendment.
A proposed rule would amend the
HSAR to eliminate provisions forbidding the award of
contracts to educational institutions that prohibit
ROTC or military recruiting on campus because those
provisions are adequately addressed in the FAR.
DHS proposed
to amend
the HSAR to add a new
subpart, clause, and provision that
would codify how DHS complies with
the requirements of the Make Personal
Protective Equipment (PPE) in America
Act in order to promote domestic
manufacturing for certain types of PPE
critical to the United States’ national
response to a public health crisis, such
as the COVID–19 pandemic.
A final rule
amended the HSAR to
remove provisions
prohibiting the award of certain federal
contracts to institutions of higher
education that prohibit
ROTC units or military
recruiting on campus because these requirements are already covered in the FAR.
A final rule amended the
HSAR to clarify the application of
The Kissell Amendment (a section of the American
Recovery and Reinvestment Act of 2009) which requires, with
limited exceptions, that funds
appropriated or otherwise available to
DHS may not be used for the
procurement of certain textiles, clothing
and footwear, if that item is directly
related to the national security interests
of the United States (unless the item is
grown, reprocessed, reused, or produced
in the United States). The rule also clarifies the application of one of the
exceptions to the amendment, the so-called De Minimis Exception,
which allows the Secretary of Homeland
Security to accept delivery of the
aforementioned textiles, clothing and
footwear that contain non-compliant
fibers if the total value of non-compliant
fibers contained in the end item does
not exceed 10 percent of the total
purchase price of the end item.
Department of Transportation
The DOT proposed
to update the regulations governing the
procurement, management, and
administration of engineering and
design related services directly related
to a highway construction project that is
funded through a discretionary grant
administered by FHWA involving recipients other than state transportation
agencies.
General Services Administration (GSA)
GSAR Case 2022-G514: A final rule
amended the GSAR to clarify when GSAR clauses
apply to FSS
contracts.
GSAR Case 2022-G519: A final rule amended the GSAR to remove Small Disadvantaged
Business Program requirements
references to align with the FAR for consistency.
GSAR Case 2020-G511: A final rule
amended the GSAR to update and clarify the
requirements for use of FSS contracts by eligible
non-federal entities, such as state and
local governments.
GSAR Case 2022-G505: A final rule
revised GSAR clause 519.870–2, which contains lists of the
clauses that should (and should not) be used in solicitations, contracts, and orders in
accordance with the provisions of
Section 8(a) of the U.S. Small Business
Administration Act as implemented by
FAR subpart 19.8 and GSA’s 8(a)
Partnership Agreement.
GSAR Case 2022-G513:
A final rule amended GSAR clause
552.232–1 ("Payments") because the GSA has no historical information as to why it was
created in the first place and it conflicts with FAR clause 52.232–1
("Payments").
GSAR Case 2022-G506: A final rule
amended the GSAR to standardize the language used to identify
and communicate when there has been an approved FAR
deviation within the GSAR in order to provide
consistency for readers of the GSA's
regulations.
GSAR Case 2020-G512: The GSA proposed to
remove the requirement for lease
offerors to have an active SAM registration
when submitting offers and instead
allow offers up until the time of award
to obtain an active SAM registration.
GSAR Case 2022-G517: A final rule
amended the GSAR to add a new provision and
clause to identify single-use plastic free
packaging availability for products
under the Federal Supply Schedules
with the goal of reducing single-use
plastic waste.
GSAR Case 2024-G503: A final rule
amended the GSAR to update language concerning sustainable
leasing requirements.
GSAR Case
2021-G530: The GSA proposed to amend the GSAR to add a new section that adopts the
amended definition of the term "public building
or public work" from the DOL's Updating the Davis-Bacon and
Related Acts Regulations final rule and
to include compliance with the
minimum wage and sick leave
Executive Orders, and other
requirements for leasehold acquisitions
when there is a qualifying construction
event as defined in this rule.
GSAR Case 2020–G512:
A final rule amended the GSAR to remove the requirement for
lease offerors to have an active SAM registration
when submitting offers and instead
allow offers up until the time of award
to obtain an active registration.
HHS
The SBA issued an interim final rule
concerning the Women-Owned Small
Business (WOSB) program to specifically
recognize that the SBA Administrator
may extend the date of
WOSB
recertification where appropriate.
The State Department proposed to amend its acquisition regulation (DOSAR) to include a new contract clause entitled "Nondiscrimination in Foreign Assistance," which states that contractors and subcontractors receiving department-funded foreign assistance funds must not discriminate on specified bases against end-users of supplies or services (also referred to in this rule as beneficiaries and potential beneficiaries) or in certain employment decisions involving persons employed in the performance of this contract and funded in whole or in part with foreign assistance funds except where target populations are specified in the relevant SOW or as otherwise required by U.S. law.