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 amends 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.   

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. 

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: Effective August 26, a final rule amends 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.