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
Federal Acquisition Circular (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
Federal Acquisition Circular (FAC)
2024-05 and 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
Federal Acquisition
Circular (FAC)
2024-06 has been published and includes 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
Federal Acquisition Circular
(FAC)
2024-07 has been published and includes the following item plus technical amendments:
FAR Case 2023-005:
A final rule amended the FAR to 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").
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.
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.
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 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 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 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.
Interim Rules
DFARS
Proposed
Rules
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 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
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 fiscal year 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 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.
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
to be effective November 6.
Bureau of
Industry and Security (Department of Commerce)
Defense Department
The
Department of Education
The
Department of Energy
The
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.
Department of the Interior
Department of Justice
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.
EPA
Federal Accounting Standards Advisory Board (FASAB)
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.
Health and Human Services (HHS)
The Department of Health and
Human Services (HHS) proposed to
amend and update its acquisition regulation
(HHSAR) to implement requirements to
procure
health information technology that meets standards and
implementation specifications
adopted by the Office of the
National Coordinator for Health
Information Technology in the
following parts: Acquisition of
Information Technology and
Solicitation Provisions and Contract
Clauses.
HHS
proposed changes to
the HHSAR to streamline the regulation, to revise or
remove policy superseded by changes in
the FAR, to remove any procedural
guidance that is internal to HHS into a
new HHS Acquisition Manual (HHSAM)
as internal policies, guidance, and
instructions, to add new
coverage to implement agency unique
requirements, and to update the HHSAR to reflect organizational
changes in the department, incorporate
recent statutory changes and
government mandates, and to
accomplish editorial revisions for
clarification.
Labor
Aa final rule made
extensive
revisions to the DOL's acquisition regulation (DOLAR) (a) to remove
provisions that were
redundant or obsolete, (b) to codify the use of certain
contractual provisions that the DOL has
developed and deployed in recent years concerning, inter alia, government property,
continuity of operations, system
requirements, records management,
telework policy for contractor
personnel, submission of invoices,
mandatory training for contractors,
organizational conflicts of interest, and
notification of changes to the scope of
a contract, (c) to clarify certain provisions, and (d) to remove
provisions that
were DOL internal operating
procedures.
NASA
NFS Case
2023-N002: Effective February 23, NASA is finalizing a rule
to amend its acquisition regulation supplement (the NFS) by removing
NFS 1831.205–671 (Solicitation
provision) and NFS 1852.231–71 (Determination of Compensation
Reasonableness) from the NFS and to rely on similar provisions in the FAR.
OFPP
The OFPP's CAS
Board released an
advanced notice of proposed
rulemaking to elicit public comments on proposed changes to
conform CAS 408 ("Accounting for costs of
compensated personal absence") and
CAS 409 ("Depreciation of tangible capital assets") to GAAP. The CAS
Board also released a
notice of proposed rulemaking
to elicit public comments on proposed
changes to CAS related
to operating revenue and lease
accounting to conform them with changes in GAAP.
Office of Personnel Management
Small Business Administration (SBA)
A final rule adopted, without change, the
SBA's prior proposed rule to utilize the
current statutory alternative
size
standard for its 7(a) Business and
Certified Development Company Loan Programs, subject to a
34.46 % adjustment for inflation
that has occurred since the
establishment of the statutory
alternative size standard in 2010. The
inflation adjustment increases the
size standard’s level for tangible net
worth to $20 million and for net income
to $6.5 million. SBA also adjusted for inflation the applicable statutory limits
for contract size under the Surety Bond
Guarantee Program. The
adjustment increased the contract limit
to $9 million and the contract limit for
federal contracts if a federal
contracting officer certifies that such a
guarantee is necessary to $14 million.
The SBA increased its employee-based small
business size definitions for
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).
Specifically, in terms of industries
defined under the NAICS 2022 revision,
the SBA increased 144 and retaining 268
employee-based size standards in those
sectors. The SBA retained the current
500-employee size standard for federal
procurements of supplies under the
nonmanufacturer rule.
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 SBA
revised its size
standards methodology white paper,
entitled "SBA’s Size Standards
Methodology (June 2024)," which explains how it establishes, reviews,
and revises small business size standards. The 2024 Revised
Methodology is available on the SBA’s
website at www.sba.gov/size.
The SBA corrected a
technical error in the definition of
substantial bundling that appeared in
a final rule entitled "Ownership and
Control and Contractual Assistance
Requirements for the 8(a) Business
Development Program," which improperly limited substantial bundling
to BPAs entered against a GSA
Schedule Contract. The correction removes
that limitation so that the definition of
substantial bundling applies to all BPAs.
The SBA proposed to
make several changes to the
Women-Owned Small Business
Federal Contract (WOSB) Program
regulations, including adding
definitions that are not currently
included in the regulations and
conforming the regulations to current
statutes that have not yet been
integrated. The rule would also adopt
similar language to that used in SBA’s
other government contracting program
regulations regarding the length of time
that a firm that has been declined three
times must wait before reapplying to the
WOSB Program. Basically, the rule would align
the language of the restrictions in 8(a)
BD and WOSB programs to the current
restriction in the VetCert Program.
A direct final rule amended the SBA's regulations to implement section 864 of the NDAA for FY 2024, which (a) amends the SDVOSB requirements so that, effective October 1, 2024, each prime contract award and subcontract award counted for the purpose of meeting the goals for participation by SDVOSBs in procurement contracts for federal agencies or federal prime contractors shall be entered into with firms certified by VetCert, and (b) creates a grace period so that firms that file an application for certification with SBA by December 22, 2024, may continue to self-certify for such Federal Government contracts and subcontracts until SBA makes a final decision. SDVOSBs that do not file an application for certification with SBA by December 22, 2024, or are not certified by SBA’s VetCert program and do not file an application by the deadline, will not be eligible to self-certify for such Federal Government contracts or subcontracts after December 22, 2024.
The SBA proposed
to amend its regulations
governing the HUBZone Program to
clarify certain policies. For example, the rule proposes
to require any certified HUBZone small
business to be eligible as of the date of
offer for any HUBZone contract. SBA
also proposed to make several changes
to SBA’s size and 8(a) Business
Development regulations, as well
as some technical changes to the
WOSB and VetCert programs. For example, the proposed rule would delete the
program specific recertification
requirements contained separately in
SBA’s size, 8(a) BD, HUBZone, WOSB,
and VetCert regs and move them to a new
section that would cover all size and
status recertification requirements, in order to ensure that the size and status
requirements will be uniformly applied.
The SBA
proposed to amend its regulations to
apply the Rule of Two to multiple-award contract task and delivery orders,
with some exceptions.
State Department
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 oc 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.
USAID
USAID proposed a
direct final rule amending its acquisition regulation (AIDAR) to
maintain consistency with federal and
agency regulations, remove obsolete
material and internal agency
procedures, and make editorial
amendments to clarify the regulation.
USAID
sought public comments on a proposed
rule revising the AIDAR to incorporate new
requirements for Protection from Sexual
Exploitation and Abuse (PSEA) and
update existing child safeguarding
requirements. This proposed rule
consolidates new PSEA and updated
child safeguarding compliance and
reporting requirements with existing
requirements for Counter Trafficking in
Persons.
USAID
issued a final rule amending the AIDAR to implement USAID requirements for managing digital information as a strategic asset to inform the planning, design, implementation, monitoring, and evaluation of the agency’s foreign assistance programs. This final rule incorporates a new policy on Digital Information Planning, Collection, and Submission Requirements and the corresponding clause as well as a new clause entitled "Activity Monitoring, Evaluation, and Learning Plan Requirements" into the AIDAR.
Veterans Affairs
The VA