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Department of Energy, Acquisition Regulations: Export
Control, Notice of proposed rulemaking. 78 Fed. Reg. 35195, June 12, 2013.
SUMMARY: The Department of Energy,
(DOE) is proposing to amend the
Department of Energy Acquisition
Regulation (DEAR) to add export control
requirements applicable to the
performance of DOE contracts.
Dates: Written comments on this
proposed rulemaking must be received
on or before close of business July 12,
2013
DEPARTMENT
OF AGRICULTURE, Designation of Product Categories for Federal Procurement, Final
rule, 78 Fed. Reg. 34867, June 11, 2013.
SUMMARY: The U.S.
Department of Agriculture (USDA) is amending the Guidelines for Designating
Biobased Products for Federal Procurement, to add eight sections to designate
product categories within which biobased products will be afforded Federal
procurement preference, as provided for under section 9002 of the Farm Security
and Rural Investment Act of 2002, as amended by the Food, Conservation, and
Energy Act of 2008 (referred to in this document as “section 9002”).
USDA is also adding a new subcategory to one previously designated product
category. USDA is also establishing minimum biobased content for each of these
product categories and subcategories. In addition, USDA is officially changing
the term “item” to “product category.”
DATES: This rule is effective July 11, 2013.
Department
of Interior-Acquisition Regulations; Buy Indian Act; Procedures for Contracting,
Final rule, 78 Fed. Reg. 34266, June 7, 2013.
SUMMARY: The
Department of the Interior is finalizing regulations guiding implementation of
the Buy Indian Act, which provides Indian Affairs (IA) with authority to set
aside procurement contracts for Indian-owned and controlled businesses. This
rule supplements the Federal Acquisition Regulation (FAR) and the Department of
the Interior Acquisition Regulation (DIAR).
Dates: This
rule is effective on July 8, 2013.
VA
Veteran-Owned Small Business (VOSB) Verification Guidelines, Advanced notice of
proposed rulemaking, 78 Fed. Reg. 27882, May 13, 2013.
SUMMARY: The Office of Small and Disadvantaged Business Utilization
(OSDBU) is currently reviewing its regulations governing the Department of
Veterans Affairs (VA) Veteran-Owned Small Business (VOSB) Verification Program.
OSDBU intends to improve the regulations to provide greater clarity, to
streamline the program, and to encourage more VOSBs to apply for verification.
By issuing this notice of proposed rulemaking, OSDBU seeks comments on how best
to approach this undertaking. Although OSDBU identified specific issues for
discussion below, it encourages commenters to discuss any issue related to
improving these specific regulations and the program.
DATES: Comments must be received on
or before July 12, 2013.
SBA-Women-
Owned Small Business Federal Contract Program, Interim final rule, 78 Fed.
Reg. 26504, May 07, 2013.
SUMMARY: The U.S. Small Business
Administration (SBA) is amending its regulations to implement Section 1697 of
the National Defense Authorization Act for Fiscal Year 2013 (NDAA). Section 1697
of the NDAA removed the statutory limitation on the dollar amount of a contract
that women-owned small businesses can compete for under the Women-Owned Small
Business (WOSB) Program. As a result, contracting officers may now set-aside
contracts under the WOSB Program at any dollar level, as long as the other
requirements for a set-aside under the program are met.
DATES: Effective Date: This rule is
effective on May 7, 2013.
Applicability Date: This rule applies
to all solicitations issued on or after the
effective date.
Comment Date: Comments must be
received on or before June 6, 2013.
Department
of Energy-Contractor Legal Management Requirements; Acquisition Regulations,
Final rule, 78 Fed. Reg. 25795, May 03, 2013.
SUMMARY:The
Department of Energy revises existing regulations covering contractor legal
management requirements. Conforming amendments are also made to the Department
of Energy Acquisition Regulation (DEAR). The regulations provide rules for
handling of legal matters and associated costs by certain contractors whose
contracts exceed $100,000,000 as well as legal counsel retained directly by the
Department for matters in which costs exceed $100,000.
DATES: Effective date: July 2, 2013.
Environmental Proctecton Agency-Acquisition Regulation, Clause for Printing,
Final rule, 78 Fed. Reg. 22795, April 17, 2013.
SUMMARY: The
Environmental Protection Agency (EPA) amends the EPA Acquisition Regulation
(EPAAR) to update policy, procedures, and contract clauses. The final rule
provides updates to outdated information previously in the EPAAR Printing clause.
DATES: This final rule is effective on
April 17, 2013.
Department
of Agriculture-Designation of Product Categories for Federal Procurement, Final
rule withdrawal, 78 Fed. Reg. 20783, April 08, 2013.
SUMMARY:
The U.S. Department of Agriculture (USDA) is withdrawing the final rule
“Designation of Product Categories for Federal Procurement”
published April 1, 2013, at 78 FR 19393. The final rulemaking, which amended the
Guidelines for Designating Biobased Products for Federal Procurement, to add
eight sections to designate product categories within which biobased products
will be afforded Federal procurement preference, was published prematurely due
to an oversight in the development process.
Dates: The
final rule published April 1, 2013 (78 FR 19393) is withdrawn effective April 8,
2013.
Department
of Agriculture-Designation of Product Categories for Federal Procurement, Final
rule, 78 Fed. Reg. 19393, April 01, 2013.
SUMMARY: The U.S.
Department of Agriculture (USDA) is amending the Guidelines for Designating
Biobased Products for Federal Procurement, to add eight sections to designate
product categories within which biobased products will be afforded Federal
procurement preference, as provided for under section 9002 of the Farm Security
and Rural Investment Act of 2002, as amended by the Food, Conservation, and
Energy Act of 2008 (referred to in this document as “section 9002”).
USDA is also adding a new subcategory to one previously designated product
category. USDA is also establishing minimum biobased contents for each of these
product categories and subcategories. In addition, USDA is officially changing
the term “item” to product category.
Dates:
This rule is effective May 1, 2013.
OMB-Reform
of Federal Policies Relating to Grants and Cooperative Agreements; Cost
Principles and Administrative Requirements (Including Single Audit Act) ACTION:
Proposed Guidance, 78 Fed. Reg. 7282, February 01, 2012.
SUMMARY: To deliver on President Obama’s promise of a
21st-Century government that is more efficient, transparent, and creative, the
Office of Management and Budget (OMB) is seeking to adjust the Federal
government’s partnership with non- Federal stakeholders to best achieve
program outcomes while we ensure the financial integrity of the dollars we
spend. The goal of this effort is to transform our Federal financial assistance
framework so that it meets a higher standard of performance on behalf of the
American people. OMB proposes these reforms to the guidance for Federal policies
relating to grants in order to ensure that Federal grants meet the high
standards of a 21st- Century government. Federal grantmaking must be streamlined
to make the most of taxpayer dollars and ensure financial integrity while
delivering the right program outcomes. This proposal provides this opportunity
for the Federal government and its partners: state, local, tribal governments,
institutions of higher education, and nonprofit organizations, to rethink and
reform the rules that govern our stewardship of Federal dollars.
Dates: To be assured of consideration, comments must be
received by OMB electronically through www.regulations.gov no later than
midnight Eastern Standard Time (E.S.T.) on May 2, 2013.
Health and
Human Services Acquisition Regulation, Proposed rule, 78 Fed. Reg. 2229,
January 10, 2013.
SUMMARY: The Department of Health and Human
Services (HHS) is proposing to amend its Federal Acquisition Regulation (FAR)
Supplement—the HHS Acquisition Regulation (HHSAR)—to add two clauses,
“Patent Rights-Exceptional Circumstances” and “Rights in
Data-Exceptional
Circumstances,” and their prescriptions.
DATES: Comments are due on or before
March 11, 2013.
Department
of Defense (DoD), General Services Administration (GSA), and National
Aeronautics and Space Administration (NASA), Semiannual regulatory agenda,
78 Fed. Reg. 1646, January 08, 2013.
SUMMARY: This agenda
provides summary descriptions of regulations being developed by the Civilian
Agency Acquisition Council and the Defense Acquisition Regulations Council in
compliance with Executive Order 12866 “Regulatory Planning and
Review.” This agenda is being published to allow interested persons an
opportunity to participate in the rulemaking process. The Regulatory Secretariat
Division has attempted to list all regulations pending at the time of
publication, except for minor and routine or repetitive actions; however,
unanticipated requirements may result in the issuance of regulations that are
not included in this agenda. There is no legal significance to the omission of
an item from this listing. Published proposed rules may be reviewed in their
entirety at the Governments rulemaking Web site at http://www.regulations.gov.
GSA
Acquisition Regulation (GSAR); Industrial Funding Fee (IFF) and Sales Reporting,
Proposed rule, 77 Fed. Reg. 76446, December 28, 2012.
SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Administration Acquisition Regulation (GSAR) to
revise the GSAR clause and to address the use of the Industrial Funding Fee
(IFF) under the Multiple Award Schedules (MAS) Program. The proposed revisions
will reflect the current use of the IFF to include the ability to offset losses
in other Federal Acquisition Service (FAS) programs and fund initiatives that
benefit other FAS programs. This change will benefit GSA and the MAS Program by
facilitating transparency and open government, and more accurately define the
current MAS Program operations while simultaneously complying with the
recommendations of the GSA Office of Inspector General (OIG). This proposed rule
is part of the General Services Administration Acquisition Manual (GSAM) rewrite
Project, in which all parts of the regulation are being reviewed and updated to
include new statutes, legislation, policies, and to delete outdated information
and obsolete forms.
Dates: : Interested parties should
submit written comments to the Regulatory Secretariat on or before February 26,
2013 to be considered in the formulation of the final rule.
GSA
Acquisition Regulation (GSAR); GSAR Case 2006G507; Rewrite of GSAR Part 538,
Federal Supply Schedule Contracting, Proposed rule; withdrawal, 77 Fed. Reg. 76446, December 28, 2012.
SUMMARY: The General Services
Administration has agreed to withdraw GSAR Case 2006G507; Rewrite of General
Services Acquisition Regulation (GSAR) Part 538, Federal Supply Schedule
Contracting. Due to the variety of issues addressed in the GSAR Part 538
Rewrite, and strong stakeholder interest, the General Services Administration
believes that an agency review of the current implementation plan for this GSAR
case is appropriate.
DATES: : Effective date: December 28, 2012.
Department of
Labor, Nondisplacement of Qualified Workers Under Service Contracts; Final rule;
notice of effective date and OMB approval of information collection
requirements, 77 Fed. Reg. 75780, December 21, 2012.
SUMMARY: The
Department of Labor announces the effective date of its Final Rule published on
August 29, 2011, to implement Executive Order 13495, Nondisplacement of
Qualified Workers Under Service Contracts (Executive Order 13495 or Order).
Executive Order 13495 states that the Order shall apply to solicitations issued
on or after the effective date of regulations issued by the Federal Acquisition
Regulatory Council (FARC) to amend the Federal Acquisition Regulation (FAR) to
provide for the inclusion of the contract clause set forth in Executive Order
13495 in Federal solicitations and contracts for services subject to the Order
(FARC Final Rule). The Department of Labor Final Rule provided that it would not
be effective until the FARC issued the FARC Final Rule, and that as a result,
the Department of Labor would publish a notice in the Federal Register
announcing the effective date once the effective date was determined. The FARC
has established January 18, 2013 as the effective date for its final rule. In
accordance with the Department of Labor Final Rule, this document advises the
public of the effective date of the Departments Final Rule. In addition, in
accordance with the Paperwork Reduction Act (PRA), the Department of Labor
announces that the Office of Management and Budget has approved the information
collection requirements contained in the Department of Labor Final Rule.
DATES: The effective date for the Final Rule published on August
29, 2011 (76 FR 53720), is January 18, 2013. In addition, on December 7, 2011,
the Office of Management and Budget (OMB) approved under the Paperwork Reduction
Act the Department of Labors information collection request for requirements in
29 CFR 9.21; 9.12(a), (b), (e)(1), (e)(2), and (f) as published in the Federal
Register on August 29, 2011. See 76 FR 53744. The current expiration date for
OMB authorization for this information collection is December 31, 2014.
General
Services Administration Acquisition Regulation: Modifications (Multiple Award
Schedules); Information Collection, Request for public comments on an
information collection requirement for a new OMB clearance, 77 Fed. Reg.
74631, December 17, 2012.
SUMMARY: Under the provisions of the
Paperwork Reduction Act, the Regulatory Secretariat will be submitting to the
Office of Management and Budget (OMB) a request to review and approve an
information collection requirement regarding General Services Administration
Acquisition Regulation (GSAR) clause Modifications (Multiple Award Schedule).
DATES: : Submit comments on or before:
February 15, 2013.
Acquisition Regulation: Department of
Energy Acquisition Regulation,
Government Property, Final rule, 77 Fed. Reg. 74382, December 13, 2012.
SUMMARY: The Department of Energy
(DOE) is amending the Department of
Energy Acquisition Regulation (DEAR)
to conform to the Federal Acquisition
Regulation (FAR), remove out-of date
government property coverage, and
update references. This rule does not
alter substantive rights or obligations
under current law.
Dates: Effective Date: January 14, 2013
DEPARTMENT OF AGRICULTURE Office of Procurement and Property Management,
Designation of Product Categories for Federal Procurement, Notice of
Proposed rulemaking, 77 Fed. Reg. 72654, December 05, 2012.
SUMMARY: The U.S. Department of Agriculture (USDA) is
proposing to amend the Guidelines for Designating Biobased Products for
Federal Procurement (Guidelines) to add eight sections that will
designate the following product categories within which biobased
products would be afforded Federal procurement preference: Aircraft and
boat cleaners; automotive care products; engine crankcase oil; gasoline
fuel additives; metal cleaners and corrosion removers; microbial
cleaning products; paint removers; and water turbine bearing oils. USDA
is also proposing to add the following subcategories to previously
designated product categories: Countertops to the composite panels
category; and wheel bearing and chassis grease to the greases category.
USDA is also proposing minimum biobased contents for each of these
product categories and subcategories.
Dates: USDA
will accept public comments on this proposed rule until February 4, 2013.
VA Acquisition Regulation: Electronic
Submission of Payment Requests, Final rule 77 Fed. Reg. 70708, November 27, 2012.
SUMMARY: The Department of Veterans
Affairs (VA) is issuing a final rule to
require contractors to submit payment
requests in electronic form in order to
enhance customer service, departmental
productivity, and adoption of
innovative information technology,
including the appropriate use of
commercial best practices. This
document adopts the proposed rule
published on April 18, 2012, as a final
rule with a non-substantive technical
change.
Dates: Effective Date: This rule is
effective December 27, 2012.
Department Of
Agriculture-Designation of Product Categories for Federal Procurement, Final
rule, 77 Fed. Reg. 69381, November 19, 2012.
SUMMARY: The U.S. Department of Agriculture (USDA) is
amending the Guidelines for Designating Biobased Products for Federal
Procurement, to add 12 sections to designate product categories within which
biobased products will be afforded Federal procurement preference, as provided
for under section 9002 of the Farm Security and Rural Investment Act of 2002, as
amended by the Food, Conservation, and Energy Act of 2008 (referred to in this
document as “section 9002”). USDA is also establishing minimum
biobased contents for each of these product categories.
Dates: This rule is effective December
19, 2012.
OFPP-Cost
Accounting Standards: Revision of the Exemption From Cost Accounting Standards
for Contracts and Subcontracts for the Acquisition of Commercial Items, Proposed
rule, 77 Fed. Reg. 69422, November 19, 2012.
SUMMARY: The
OFPP and CAS Board invite public comments concerning this proposed rule to
clarify the exemption for contracts or subcontracts for the acquisition of
commercial items (hereafter referred to as the “(b)(6) commercial item
exemption”) so that the regulatory text is more consistent with the
statutory text. Specifically, the proposed rule clarification will eliminate the
detailed listing of permissible contract and subcontract types, and instead the
revised provision will contain more generalized language that reads
“contracts and subcontracts for the acquisition of commercial
items,” which reflects the statutory text.
Dates: Comment Date: Comments
must be in writing and must be received by January 18, 2013.
EPA-EPAAR Clause for Printing, Proposed rule, 77 Fed. Reg. 60667, October 04, 2012.
SUMMARY: The Environmental Protection Agency (EPA) amends the EPA Acquisition Regulation (EPAAR) to update policy, procedures, and contract clauses. The proposed rule provides updates to outdated information currently in the Printing clause.
Dates: Comments must be received on or before November 5, 2012.
GSA-Acquisition Regulation (GSAR); Rewrite of Part 504; Administrative Matters, Final rule, 77 Fed. Reg. 59790, October 01, 2012.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise sections of Administrative Matters and Forms. This final rule is part of the General Services Administration Acquisition Manual (GSAM) rewrite Project, in which all parts of the regulation are being reviewed and updated to include new statutes, legislation, policies, and to delete outdated information and obsolete forms.
Dates: Effective: October 1, 2012.
Small Business Size Standards: Health Care and Social Assistance, Final rule, 77 Fed. Reg. 58755, September 24, 2012.
SUMMARY: The United States Small Business Administration (SBA) is increasing the small business size standards for 28 industries in North American Industry Classification System (NAICS) Sector 62, Health Care and Social Assistance, and retaining the current standards for the remaining 11 industries in that Sector. As part of its ongoing comprehensive review of all size standards, SBA evaluated every industry in NAICS Sector 62 to determine whether the existing size standards should be retained or revised.
Dates: This rule is effective October 24, 2012.
Small Business Size Standards: Real Estate and Rental and Leasing, Final rule, 77 Fed. Reg. 58747, September 24, 2012.
SUMMARY: The United States Small Business Administration (SBA) is increasing the small business size standards for 21 industries and one sub-industry in North American Industry Classification System (NAICS) Sector 53, Real Estate and Rental and Leasing, and retaining the current standards for the remaining four industries in that Sector. As part of its ongoing comprehensive review of all size standards, SBA evaluated all size standards for industries in NAICS Sector 53 to determine whether they should be retained or revised.
Dates: This rule is effective October 24, 2012.
Small Business Size Standards: Educational Services, Final rule, 77 Fed. Reg. 58739, September 24, 2012.
SUMMARY: The United States Small Business Administration (SBA) is increasing the small business size standards for nine industries in North American Industry Classification System (NAICS) Sector 61, Educational Services, and retaining the current size standards for the remaining eight industries and one sub-industry (“exception”) in this Sector. As part of its ongoing comprehensive review of all size standards, SBA evaluated every industry in NAICS Sector 61 to determine whether the existing size standards should be retained or revised.
Dates: This rule is effective October 24, 2012.
Small Business Size Standards: Agriculture, Forestry, Fishing, and Hunting, Proposed rule, 77 Fed. Reg. 55755, September 11, 2012.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 11 industries in North American Industry Classification System (NAICS) Sector 11, Agriculture, Forestry, Fishing and Hunting. As part of its ongoing comprehensive size standards review, SBA evaluated receipts based size standards for 16 industries and two sub- industries in NAICS Sector 11 to determine whether they should be retained or revised. SBA did not review size standards for 46 industries in NAICS Sector 11 that are currently set by statute at $750,000 in average annual receipts. SBA also did not review the 500-employee based size standard for NAICS 113310, Logging, but will review it in the near future with other employee based size standards. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled “Size Standards Methodology” and published a notice in the October 21, 2009 issue of the Federal Register to advise the public that the document is available on its Web site at www.sba.gov/size for public review and comments. The “Size
Standards Methodology” White Paper explains how SBA establishes, reviews, and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a receipts based size standard.
Dates: SBA must receive comments to this proposed rule on or before November 13, 2012.
Small Business Size Standards: Finance and Insurance and Management of Companies and Enterprises, Proposed rule, 77 Fed. Reg. 55737, September 11, 2012.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 37 industries in North American Industry Classification System (NAICS) Sector 52, Finance and Insurance, and for two industries in NAICS Sector 55, Management of Companies and Enterprises. In addition, SBA proposes to change the measure of size from average assets to average receipts for NAICS 522293, International Trade Financing. As part of its ongoing comprehensive size standards review, SBA evaluated all receipts based and assets based size standards in NAICS Sectors 52 and 55 to determine whether they should be retained or revised. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled “Size Standards Methodology” and published a notice in the October 21, 2009 issue of the Federal Register to advise the public that the document is available on its Web site at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews, and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a receipts based size standard.
Dates: SBA must receive comments to this proposed rule on or before November 13, 2012.
Federal
Highway Administration, Procurement, Management, and Administration of
Engineering and Design Related Services, Notice of proposed rulemaking, 77
Fed. Reg. 53802, September 04, 2012.
SUMMARY: The FHWA proposes
to update the regulations governing the procurement, management, and
administration of engineering and design related services directly related to a
highway construction project and reimbursed with Federal-aid highway program
(FAHP) funding. The intent is to make the regulations consistent with prior
changes in legislation and other applicable regulations. These revisions also
address certain findings and recommendations for the oversight of consultant
services contained in national review and audit reports.
Dates: Comments must be received on or before November 5,
2012. Late comments will be considered to the extent practicable.
Homeland Security Acquisition Regulation (HSAR); Revision Initiative [HSAR Case 2009002], Final rule, 77 Fed. Reg. 50631, August 22, 2012.
SUMMARY:DHS is issuing a final rule amending multiple sections of the Homeland Security Acquisition Regulation (HSAR). These amendments align existing content with the Federal Acquisition Regulation (FAR); implement Section 695 of the Post- Katrina Emergency Management Reform Act of 2006 by restricting the length of certain noncompetitive contracts entered into by the Department of Homeland Security to facilitate the response to or recovery from a natural disaster, act of terrorism, or other manmade disaster; clarify agency acquisition regulations; and make editorial corrections.
Dates: Effective Date: September 21, 2012.
Department of the Treasury Acquisition Regulations; Contract Clause on Minority and Women Inclusion in Contractor Workforce,Notice of proposed rulemaking, 77 Fed. Reg. 50454, August 21, 2012.
SUMMARY: The Department of the Treasury (the Department) is proposing to amend the Department of the Treasury Acquisition Regulation (DTAR) to include a contract clause on minority and women inclusion, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the Dodd-Frank Act).
Dates: Comment due date: October 22, 2012.
Revision of Department of Homeland Security Acquisition Regulation; Contractor Billing and Subcontractor Labor Hour Rates Under Time and Materials Contracts (HSAR Case 2010 001), Notice of proposed rulemaking, 77 Fed. Reg. 50449, August 21, 2012.
SUMMARY: The Department of Homeland Security (DHS) is proposing to amend its Homeland Security Acquisition Regulation to require contracts for time and material or labor hours to include separate labor hour rates for subcontractors and a description of the method that will be used to record and bill for labor hours for both contractors and subcontractors.
Dates: Comments and related material submitted electronically must be submitted to the Federal eRulemaking Portal http://www.regulations.gov on or before October 22, 2012. Comments and related material submitted by mail must reach the Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation Branch at the address shown below on or before October 22, 2012 to be considered in the formation of the final rule.
Small Business Size Standards; Adoption of 2012 North American Industry Classification System for Size Standards, Interim rule, 77 Fed. Reg. 49991, August 20, 2012.
SUMMARY: The U.S. Small Business Administration (SBA) is amending its Small Business Size Regulations to incorporate the Office of Management and Budgets (OMB) 2012 modifications of the North American Industry Classification System (NAICS), identified as NAICS 2012, into its table of small business size standards. NAICS 2012 has created 76 new industry codes and reused 13 NAICS 2007 industry codes with additional or modified content. Those 89 new and modified industry codes in NAICS 2012 impact 199 industry codes in NAICS 2007. The large majority of the changes involve renumbering and/or redefining NAICS 2007 codes in NAICS 2012, without warranting changes to their size standards. Therefore, for those industries SBA has transferred the size standards of the NAICS 2007 industry to the NAICS 2012 industry. SBAs adoption of NAICS 2012 will result in changes to small business size standards for 41 NAICS 2007 industries and one exception. This will also result in changes to NAICS industry titles for one Subsector and eight industries.
Dates: Effective Date: This rule is effective October 1, 2012.
Comment Date: Comments must be received on or before October 19, 2012.
Small
Business Technology Transfer Program Policy Directive, Final policy directive
with request for comments, 77 Fed. Reg. 46855, August 06, 2012.
SUMMARY: The U.S. Small Business Administration (SBA) is amending its
Small Business Technology Transfer (STTR) Policy Directive. The purpose of these
amendments is to implement those provisions of the National Defense
Authorization Act for Fiscal Year 2012 affecting the program.
Dates: You must submit your comments on or before October 5,
2012.
Small Business Innovation Research Program Policy Directive, Final policy directive with request for comments, 77 Fed. Reg. 46806, August 06, 2012.
SUMMARY: The U.S. Small Business Administration (SBA) is amending its Small Business Innovation Research (SBIR) Policy Directive. The purpose of these amendments is to implement those provisions of the National Defense Authorization Act for Fiscal Year 2012 affecting the program.
Dates: You must submit your comments on or before October 5, 2012.
Interior-Acquisition Regulations; Buy Indian Act; Procedures for Contracting, Proposed rule, 77 Fed. Reg. 43782, July 26, 2012.
SUMMARY: The Department of the Interior proposes to issue regulations guiding implementation of the Buy Indian Act, which provides the Bureau of Indian Affairs with authority to set aside procurement contracts for Indian- owned and controlled businesses. This rule supplements the Federal Acquisition Regulation (FAR) and the Department of the Interior Acquisition Regulations (DIAR).
Dates: Comments must be received on or before September 24, 2012. Tribal consultation meetings to discuss this rule will take place on Tuesday, August 14, 2012, from 8 a.m. to noon; Wednesday, August 15, 2012, from
3 p.m. to 6 p.m.; Tuesday, August 21, 2012, from 8 a.m. to noon; and Thursday, August 23, 2012, from 8 a.m. to noon.
Cost Accounting Standards 412 and 413 - Cost Accounting Standards Pension Harmonization Rule, Technical correcting amendments, 77 Fed. Reg. 43542, July 25, 2012.
SUMMARY: The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards Board (Board), is publishing technical corrections to the final rule that revised Cost Accounting Standard (CAS) 412, “Composition and Measurement of Pension Cost,” and CAS 413, “Adjustment and Allocation of Pension Cost” for the CAS Pension Harmonization Rule, published on December 27, 2011. Some illustrations in that document are not consistent with their corresponding Table or text, or the text used in the two effective date provisions is not consistent with each other in the amendment language. This document corrects the final regulations by revising the applicable sections accordingly.
Dates: Effective August 24, 2012.
SBA-Small Business Size Standards: Utilities, Proposed rule, 77 Fed. Reg. 42441,July 19.2012.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to revise the small business size standards for nine industries in North American Industry Classification System (NAICS) Sector 22, Utilities. Six of those industries deal with electric power generation, distribution and transmission (NAICS 221111, NAICS 221112, NAICS 221113, NAICS 221119, NAICS 221121, and NAICS 221122) and have a common size standard based on electric output. For those six industries, SBA proposes to replace the current size standard of 4 million megawatt hours in electric output with an employee based size standard of 500 employees. SBA also proposes to increase the small business size standards for three industries in NAICS Sector 22 that have receipt based size standards, namely: NAICS 221310, Water Supply and Irrigation Systems, from $7 million to $25.5 million; NAICS 221320, Sewage Treatment Facilities, from $7 million to $19 million; and NAICS 221330, Steam and Air-conditioning Supply, from $12.5 million to $14 million. As part of its ongoing initiative to review all size standards, SBA evaluated all industries in NAICS Sector 22 that have either electric output based or receipts based size standards to determine whether the existing size standards should be retained or revised. This rule is one of
a series of proposed rules that will examine industries grouped by NAICS sector. SBA has issued a White Paper entitled “Size Standards Methodology” and published in the October 21, 2009 issue of the Federal Register a notice that “Size Standards Methodology” is
available on its Web site at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews and modifies its small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a size standard based on average annual receipts and electric output.
Dates: SBA must receive comments to this proposed rule on or before September 17, 2012.
SBA-Small Business Size Standards: Construction, Proposed rule, 77 Fed. Reg. 42197, July 18, 2012.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to increase small business size standards for one industry and one sub-industry in
North American Industry Classification System (NAICS) Sector 23, Construction. SBA proposes to increase the size standard for NAICS 237210, Land Subdivision, from $7 million to $25 million and the size standard for Dredging and Surface Cleanup Activities, a sub-industry category (or an “exception”) under NAICS 237990, Other Heavy and Civil Engineering Construction, from $20 million to $30 million in average annual receipts. As part of its ongoing comprehensive size standards review, SBA has evaluated all size standards in NAICS Sector 23 to determine whether they should be retained or revised. This proposed rule is one of a series of proposed rules that will review size standards of industries grouped by NAICS Sector. SBA issued
a White Paper entitled “Size Standards Methodology” and published a notice in the October 21, 2009 issue of the Federal Register to advise the public that the document is available on its Web site at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews, and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a receipts based size standard.
Dates: SBA must receive comments to this proposed rule on or before September 17, 2012.
SBA-Small Business Size Standards: Arts, Entertainment, and Recreation, Proposed rule, 77 Fed. Reg. 42211, July 18, 2012.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to increase the small business size standards for 17 industries in North American Industry Classification System (NAICS) Sector 71, Arts, Entertainment, and Recreation. As part of its ongoing comprehensive review of all size standards, SBA has evaluated all size standards in NAICS Sector 71 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposed rules that examines size standards of industries grouped by NAICS Sector. SBA issued a White Paper entitled “Size Standards Methodology” and published a notice in the October 21, 2009 issue of the Federal Register that the document is
available on its Web site at www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing and modifying a receipts based size standard.
Dates: SBA must receive comments to this proposed rule on or before September 17, 2012.
Department of the Treasury Acquisition Regulation; Internet Payment Platform, Final rule, 77 Fed. Reg. 40302, July 09, 2012.
SUMMARY: The Department of the Treasury is amending the Department of the Treasury Acquisition Regulation (DTAR) to implement use of the Internet Payment Platform, a centralized electronic invoicing and payment information system, and to change the definition of bureau to reflect the consolidation on July 21, 2011 of the Office of Thrift Supervision with the Office of the Comptroller of the Currency. This final rule follows publication of a February 23, 2012, notice of proposed rulemaking. After careful consideration of the public comments, the Department is adopting the proposed rulemaking without change.
Dates: Effective date: August 8, 2012.
Agriculture-Designation of Product Categories for Federal Procurement, Notice of proposed rulemaking, 77 Fed. Reg. 33270, June 05, 2012.
SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 12 sections that will designate the following product categories within which biobased products would be afforded Federal procurement preference: Agricultural spray adjuvants; animal cleaning products; deodorants; dethatcher products; fuel conditioners; leather, vinyl, and rubber care products; lotions and moisturizers; shaving products; specialty precision cleaners and solvents; sun care products; wastewater systems coatings; and water clarifying agents. USDA is also proposing minimum biobased contents for each of these product categories.
Dates: USDA will accept public comments on this proposed rule until August 6, 2012.
SBA-Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation, Notice of proposed rulemaking, 77 Fed. Reg. 29130, May 16, 2012.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend its regulations governing small business contracting procedures. This proposed rule would amend SBA’s regulations to implement the following sections of the Small Business Jobs Act of 2010: section 1311 (definition of multiple award contract); section 1313 (consolidation of contracts definitions, policy, limitations on use, determination on necessary and justified); and section 1331 (reservation and set-aside of multiple award contracts and orders against multiple award contracts for small businesses). In addition, the proposed rule revises 13 CFR part 125 by reorganizing the part for clarity and creating a definition section.
Dates: You must submit your comments on or before July 16, 2012.
Small Business Innovation Research (SBIR) Program and Small Business Technology Transfer (STTR) Program, Proposed rule, 77 Fed. Reg. 28520, May 15, 2012.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend its regulations governing size and eligibility for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs. This proposed rule would implement provisions of the National Defense Authorization Act for Fiscal Year 2012. The proposed rule addresses ownership, control and affiliation for participants in the SBIR and STTR Programs. This includes participants that are majority owned by multiple venture capital operating companies, private equity firms or hedge funds.
Dates: You must submit your comments on or before July 16, 2012.
DEPARTMENT OF AGRICULTURE, Guidelines for Designating Biobased Products for Federal Procurement, Proposed rule; amendments, 77 Fed. Reg. 25632, May 01, 2012.
SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to amend 7 CFR part 3201, Guidelines for Designating Biobased Products for Federal Procurement, to incorporate statutory changes to section 9002 of the Farm Security and Rural Investment Act (FSRIA) that were effected when the Food, Conservation, and Energy Act of 2008 (FCEA) was signed into law on June 18, 2008.
Dates: USDA will accept public comments on these proposed rule amendments until July 2, 2012.
VA Acquisition Regulation: Electronic Submission of Payment Requests, Proposed rule, 77 Fed. Reg. 23204, April 18, 2012.
SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its acquisition regulations to require contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices.
Dates: Comments must be received by VA on or before June 18, 2012.
Department of Agriculture-Designation of Product Categories for Federal Procurement, Final rule, 77 Fed. Reg. 20281, April 04, 2012.
SUMMARY: In compliance with the February 21, 2012 Presidential Memorandum “Driving Innovation and Creating Jobs In Rural America through Biobased and Sustainable Product Procurement,” the U.S. Department of Agriculture (USDA) is amending the Guidelines for Designating Biobased Products for Federal Procurement, to add 13 sections to designate product categories within which biobased products will be afforded Federal procurement preference, as provided for under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008 (referred to in this document as “section 9002”). USDA is also establishing minimum biobased contents for each of these product categories.
Dates: This rule is effective May 4, 2012.
VA Acquisition Regulation: Simplified Acquisition Procedures for Health- Care Resources (Section 610 Review), Notice of regulatory review, 77 Fed. Reg. 19975, April 03, 2012.
SUMMARY: On January 24, 2003, Department of Veterans Affairs (VA) amended the VA Acquisition Regulation (VAAR) by establishing simplified procedures for the competitive acquisition of health-care resources, consisting of commercial services or the use of medical equipment or space, pursuant to the Veterans Health Care Eligibility Reform Act of 1996 (38 U.S.C. 8151-8153). These procedures are codified at 48 CFR chapter 8. In developing these standards, VA performed a Regulatory Flexibility Analysis which indicated the rule could have a significant impact on a substantial number of small businesses.
VA has initiated a review of this rule under section 610 of the Regulatory Flexibility Act to determine if the rule should be continued without change, or should be amended or rescinded, to minimize adverse economic impacts on small entities. Please note that VA is in the process of rewriting the VAAR and will be reviewing the requirements of this rule in detail as part of this revision initiative. In the interim, VA solicits, and will consider, public comments on factors described in the SUPPLEMENTARY INFORMATION.
Dates: Comments must be received by VA on or before May 3, 2012.
Department of Education-Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, Final regulations and request for
technical comments, 77 Fed. Reg. 18671, March 28, 2012.
SUMMARY: The Secretary of the Department of Education (Department) establishes a new part in 2 CFR that adopts the Office of Management and Budgets (OMBs) guidance, as supplemented by this new part, as the Departments regulations for nonprocurement debarment and suspension. The Secretary removes regulations that contain the Departments current implementation of the Governmentwide common rule on nonprocurement debarment and suspension. The Secretary also amends regulations to correct citations as appropriate. The new part will serve the same purposes as, and is substantively identical to, the nonprocurement suspension and debarment common rule published in the Federal Register on November 26, 2003.
On August 31, 2005, OMB established interim final guidance that was substantively identical to the common rule and directed Federal agencies to adopt those guidelines as regulations. On November 15, 2006, OMB published final guidance.
These final regulations adopt the OMB guidance as regulations of the Department. In addition, the Department adds those requirements that describe how the Department implements suspension and debarment
requirements in the context of Title IV of the Higher Education Act of 1965, as amended (HEA). This regulatory action is an administrative simplification that makes no substantive change in the Departments policy or procedures for nonprocurement debarment and suspension. We do not intend any substantive changes to the Departments debarment and suspension regulations. To be sure we achieved that objective, we ask for technical comments about whether the new regulations are substantively different than the existing regulations.
Dates: These final regulations are effective April 27, 2012. In order for us to consider your comments, we must receive them on or before April 27, 2012.
OMB-Reform of Federal Policies Relating to Grants and Cooperative Agreements; Cost Principles And Administrative Requirements (Including Single Audit Act), Advance notice of proposed guidance; extension of comment period, 77 Fed. Reg. 17360, March 26, 2012.
SUMMARY: The Office of Management and Budget (OMB) is extending the comment period for the Advance Notice of Proposed Guidance on Reform of Federal Policies Relating to Grants and Cooperative Agreements; cost principles and administrative requirements (including Single Audit Act). The original comment period was scheduled to end on March 29, 2012. With this document, OMB is extending the time period in which to provide public comments until April 30, 2012. This will allow interested parties additional time to analyze the issues and prepare their comments.
Dates: To be assured of consideration, comments must be received by OMB at one of the addresses provided below, no later than 5 p.m. Eastern Standard Time (E.S.T) on April 30, 2012.
Department Of Housing And Urban Development, Amendments to the HUD Acquisition Regulation, Proposed rule, 77 Fed. Reg. 15681, Marc 16, 2012.
SUMMARY: This proposed rule would amend the HUDAR to implement miscellaneous changes. These changes include, for example, such amendments as removing provisions that are now obsolete, refining provisions to approve requests for deviation from the HUDAR, updating provisions that address the organizational structure of HUD, and adding provisions on contractor record retention.
Dates: Comment Due Date: May 15, 2012.
Department of the Treasury Acquisition Regulation; Internet Payment Platform, Notice of proposed rulemaking, 77 Fed. Reg. 10714, February 23, 2012.
SUMMARY: The Department of the Treasury is proposing to amend the Department of the Treasury Acquisition Regulation (DTAR) to implement use of the Internet Payment Platform, a centralized electronic invoicing and payment information system, and to change the definition of bureau to reflect the consolidation on July 21, 2011 of the Office of Thrift Supervision with the Office of the Comptroller of the Currency.
Dates: Comment due date: April 23, 2012.
GSAR Case 2011-G502, Acquisition- Related Thresholds, Final rule, 77 Fed. Reg. 10665, February 23, 2012.
SUMMARY: GSA is issuing a final rule amending the General Services Administration Acquisition Regulation (GSAR) to update the acquisition-related thresholds in two GSAR clauses.
Dates: Effective Date: March 26, 2012.
USAID, Partner Vetting in USAID Acquisitions, Final rule, 77 Fed. Reg. 8166, February 14, 2012.
SUMMARY: The U.S. Agency for International Development (USAID) is implementing a pilot for a Partner Vetting System for USAID assistance and acquisition awards. The purpose of the Partner Vetting System is to help ensure that USAID funds and other resources do not inadvertently benefit individuals or entities that are terrorists, supporters of terrorists or affiliated with terrorists, while also minimizing the impact on USAID programs and its implementing partners. We are amending the USAID Acquisition Regulations (AIDAR) regulations in order to apply the Partner Vetting System to USAID acquisitions for the pilot and any subsequent implementation of PVS that is determined appropriate.
Dates: This final rule is effective on March 15, 2012.
OFPP, Policy Letter 1101, Performance of Inherently Governmental and Critical Functions, Notice; correction to final policy letter, 77 Fed. Reg. 7609, February 13, 2012.
SUMMARY: The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) is making a correction to the Final Policy
Letter “Performance of Inherently Governmental and Critical Functions” (76 FR 5622756242, September 12, 2011) to clarify that the Policy Letter applies to both Civilian and Defense Executive Branch Departments and Agencies. The original publication of the policy letter was inadvertently addressed only to the Heads of The Civilian Executive Departments and Agencies. Also, OFPP has corrected the citation for additional guidance about conduct of Federally Funded Research and Development Centers (FFRDCs), because the original notice referenced an incorrect Part of the Federal Acquisition Regulation. The corrections below should be used in place of text previously published in the September 12, 2011 notice. All other information from the published Final Policy remains unchanged. The full text of the original notice is available at http://www.gpo.gov/fdsys/pkg/FR-2011-09-12/ pdf/2011-23165.pdf.
Small Business Size Standards: Professional, Technical, and Scientific Services, Final rule, 77 Fed. Reg. 7490, February 10, 2012.
SUMMARY: The United States Small Business Administration (SBA) is increasing 37 small business size standards for 34 industries and three sub-industries (“exceptions” in SBA’s table of small business size standards) in North American Industry Classification System (NAICS) Sector 54, Professional, Technical, and Scientific Services. SBA is also increasing the one size standard in NAICS Sector 81, Other Services, which it did not review in 2010. These size standards are all receipts based. SBA is retaining the current standards for the remaining industries in NAICS Sector 54. This rule also removes “Map Drafting” as the “exception” to NAICS 541340, Drafting Services. As part of its ongoing comprehensive review of all size standards, SBA has evaluated every receipts based size standard in NAICS Sector 54 as well as the one previously unreviewed size standard in NAICS Sector 81 to determine whether the existing standards should be retained or revised.
Dates: This rule is effective March 12, 2012.
GSA-Acquisition Regulation; Reinstatement of Coverage Pertaining to Final Payment Under Construction and Building Service Contracts, Final rule, 77 Fed. Reg. 6985, February 10, 2012.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to restore guidance on the release of claims after completion of construction and building service contracts to ensure contractors are paid in accordance with their contract requirements and for work performed. This guidance, which prescribed the use of GSA Form 1142, Release of Claims, for releases of claims under construction and building service contracts, was inadvertently deleted as part of the Rewrite of GSAR regulations on Contract Financing. GSA contracting officers have used this form to achieve
uniformity and consistency in the release of claims process.
Dates: Effective Date: March 12, 2012.
OFCCP, Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities, Notice of proposed rulemaking and extension of comment period, 77 Fed. Reg. 7108, February 10, 2012.
SUMMARY: On December 9, 2011, the Office of Federal Contract Compliance Programs (OFCCP) published a Federal Register notice of proposed rulemaking (NPRM). This NPRM (76 FR 77056) proposes revising the regulations implementing the nondiscrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended. This document extends the comment period for the proposed rule for fourteen (14) days. If you have already commented on the proposed rule, you do not need to resubmit your comment. OFCCP will consider all comments received from the date of publication of the proposed rule through the close of the extended comment period.
Dates: The comment period for the NPRM published on December 9, 2011, scheduled to close on February 7, 2012, is extended until February 21, 2012.
Agriculture Acquisition Regulation, Labor Law Violations; Withdrawal, Direct final rule, 77 Fed. Reg. 5714, February 06, 2012.
SUMMARY: Due to the receipt of an adverse comment, the Office of Procurement and Property Management (OPPM) of the Department of Agriculture (USDA) is withdrawing the December 1, 2011, (76 FR 74722) direct final rule adding a new clause to the Agriculture Acquisition Regulation at subpart 422.70 entitled “Labor Law Violations” that would have a contractor certify upon accepting a contract that it is in compliance with all applicable labor laws and that, to the best of its knowledge, its subcontractors of any tier, and suppliers, are also in compliance with all applicable labor laws. The Department stated that in the event of an adverse comment being received by January 30, 2012, the direct final rule would be withdrawn in part or in whole. On January 27, 2012, USDA received a comment. USDA interprets this comment as adverse and, therefore, USDA is withdrawing the direct final rule.
Dates: As of February 6, 2012, the direct final rule published on December 1, 2011, at 76 FR 74722, is withdrawn.
Women-Owned Small Business Federal Contract Program, Interim final rule; request for comments, 77 Fed. Reg. 1857, January 12, 2012.
SUMMARY: The U.S. Small Business Administration (SBA) is amending its regulations to make them consistent with the inflationary adjustments that are already codified in the Federal Acquisition Regulation (FAR) as they relate to the Women-Owned Small Business (WOSB) Program and the Simplified Acquisition Threshold. In addition, the SBA is amending its regulations pertaining to the WOSB Program protest procedures so that they are consistent with the protest procedures for SBA’s other government contracting programs.
Dates: Effective Date: This rule is effective on January 12, 2012.
Comment Date: Comments must be received on or before February 13, 2012.
GSA-Acquisition Regulation; Implementation of Information Technology Security Provision, Final rule, 77 Fed. Reg. 749, January 06, 2012.
SUMMARY: GSA has adopted as final, with changes, an interim rule amending the General Services Administration Acquisition Regulation (GSAR) to implement policy and guidelines to strengthen the security requirements for contracts and orders that include information technology (IT) supplies, services and systems.
Dates: Effective Date: January 6, 2012.
Applicability Date: This amendment applies to contracts and orders awarded after January 6, 2012 that include information technology (IT) supplies, services and systems with security requirements.
EPAAR Clause for Compliance With EPA Policies for Information Resources Management, Final rule, 77 Fed. Reg. 427, January 05, 2012.
SUMMARY: EPA will amend the EPA Acquisition Regulation (EPAAR) to revise the content of a clause that addresses compliance policies for information resources management in contracts. This revision incorporates to the EPAAR, administrative changes to update terminology and Web site links related to EPA policies for information resources management.
Dates: This final rule is January 20, 2012.
Department of Defense, Operational Contract Support, Interim rule, 76 Fed. Reg. 81807, December 29, 2011.
SUMMARY: This part establishes policy, assigns responsibilities, and provides procedures for operational contract support (OCS), including OCS program management, contract support integration, and integration of defense contractor personnel into contingency operations outside the United States.
An interim final rule is required to procedurally close gaps and ensure the correct planning, oversight and management of DoD contractors supporting contingency operations, by updating the existing outdated policy. The existing policies are causing significant confusion, as they do not reflect current practices and legislative mandates. The inconsistencies between local Geographic Command guidance and the DoD-wide policies and the Defense Federal Acquisition Regulations Supplement are confusing for those in the fieldin particular, with regard to policy on accountability and visibility requirements. Given the sustained employment of a large number of contractors in the U.S. Central Command area of responsibility; the importance of contractor oversight in support of the counter-insurgency operation in Afghanistan; and, the requirement to effectively manage contractors during the transition in Iraq, this issue has become so significant that DoD needs to revise the DoD-wide policies as a matter of urgency.
Dates: This rule is effective December 29, 2011. Comments must be received by February 27, 2012.
Department of Energy, Contractor Legal Management Requirements; Acquisition Regulations, Notice of proposed rulemaking, 76 Fed. Reg. 81408, December 28, 2011.
SUMMARY: The Department of Energy (DOE or Department) is proposing to revise existing regulations covering contractor legal management requirements. Conforming amendments are also proposed to the Department of Energy Acquisition Regulation (DEAR). The proposed regulations will provide rules for handling of legal matters and associated costs by certain contractors whose contracts exceed $100,000,000 as well as legal counsel retained directly by the Department for matters in which costs exceed $100,000.
Dates: DOE will accept comments, data, and information regarding this notice of proposed rulemaking (NOPR) no later than February 27, 2012.
(Extended until March 16, 2012, 77 Fed. Reg. 12574, March 02, 2012.)
OFPP-Cost Accounting Standards 412 and 413 Cost Accounting Standards Pension Harmonization Rule, Final rule, 76 Fed. Reg. 81296, December 27, 2011.
SUMMARY: The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards Board (Board), is publishing this final rule to revise Cost Accounting Standard (CAS) 412, “Composition and Measurement of Pension Cost,” and CAS 413, “Adjustment and Allocation of Pension Cost.” This revision will harmonize the measurement and period assignment of the pension cost allocable to Government contracts, and the minimum required contribution under the Employee Retirement Income Security Act of 1974 (ERISA), as amended, as required by the Pension Protection Act (PPA) of 2006. The PPA amended the minimum funding requirements for qualified defined benefit pension plans. The Board issues this final rule to revise CAS 412 and CAS 413 to include the recognition of a “minimum actuarial liability” and “minimum normal cost,” which are measured on a basis consistent with the liability measurement used to determine the PPA minimum required contribution, and accelerate the recognition of actuarial gains and losses. These and other revisions will better align both the measurement and period assignment of pension cost allocable to a contractor’s Government contracts and other final cost objectives in accordance with CAS, and the measurement and period assignment requirements for determining the contractor’s minimum pension contribution under the PPA.
Dates: Effective Date: February 27, 2012.
OFPP-Change to the CAS Applicability Threshold for the Inflation Adjustment to the Truth in Negotiations Act Threshold, Final rule, 76 Fed. Reg. 79545, December 22, 2011.
SUMMARY: The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board (Board), has adopted, without change from the interim rule, a final rule revising the threshold for the application of CAS from “$650,000” to “the Truth in Negotiations Act (TINA) threshold, as adjusted for inflation.” The change is being made because the CAS applicability threshold is statutorily tied to TINA threshold. The TINA threshold for obtaining cost or pricing data was recently adjusted for inflation to $700,000 in the Federal Acquisition Regulation (FAR), as required by the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. Until the interim change for this final rule, the CAS applicability threshold was a stated dollar amount ($650,000) in the Code of Federal Regulations. This wording change effectively revised the CAS threshold to $700,000 and will cause future changes to the CAS applicability threshold to self-execute upon any changes to the TINA threshold as they are implemented in the FAR.
Dates: Effective Date: December 22, 2011.
Department of Labor, OFCCP, Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities, Notice of proposed rulemaking, 76 Fed. Reg. 77056, December 09, 2011.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is proposing to revise the regulations implementing the non-discrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended. Section 503 prohibits discrimination by covered Federal contractors and subcontractors against individuals on the basis of disability, and requires affirmative action on behalf of qualified individuals with disabilities. The proposed regulations would strengthen the affirmative action provisions, detailing specific actions a contractor must take to satisfy its obligations. They would also increase the contractors data collection obligations, and establish a utilization goal for individuals with disabilities to assist in measuring the effectiveness of the contractors affirmative action efforts. Revision of the non- discrimination provisions to implement changes necessitated by the passage of the ADA Amendments Act (ADAAA) of 2008 is also proposed.
Dates: To be assured of consideration, comments must be received on or before February 7, 2012.
Department of Agriculture, Agriculture Acquisition Regulation, Labor Law Violations, Proposed rule, 76 Fed. Reg. 74755, December 01, 2011.
SUMMARY: The Office of Procurement and Property Management (OPPM) of the Department of Agriculture (USDA)
proposes to amend the Agriculture Acquisition Regulation (the “AGAR”) to add a new clause at subpart 422.70 entitled “Labor Law Violations.” In the final rule section of the Federal Register, the Agency is publishing this action as a direct final rule without prior proposal because OPPM views this as a non-controversial action and expects no adverse comments. If no adverse comments are received in response to the direct final rule, no further action will be taken on this proposed rule, and the action will become effective at the time specified in the direct final rule. If the Agency receives adverse comments, a timely document will be published withdrawing the direct final rule, and all public comments received will be addressed in a subsequent final rule based on this action.
Dates: Interested parties should submit written comments to the Department of Agriculture, OPPM on or before January 30, 2012 to be considered in the formulation of a final rule.
Department of Agriculture, Agriculture Acquisition Regulation, Labor Law Violations, Direct final rule, 76 Fed. Reg. 74722, December 01, 2011.
SUMMARY: The Office of Procurement and Property Management (OPPM) of the Department of Agriculture (USDA) is amending the Agriculture Acquisition Regulation (the “AGAR”) to add a new clause at subpart 422.70 entitled “Labor Law Violations.” The rule is issued as
a direct final rule. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule under USDAs usual procedure for notice and comment to provide a procedural framework to finalize the rule. In the event that any significant adverse comments are received, this direct final rule will be withdrawn.
Dates: This rule is effective February 29, 2012. Interested parties should submit written comments to the Department of Agriculture on or before January 30, 2012 to be considered in the formulation of a final rule. If any timely significant adverse comments are received, this final rule will be withdrawn in part or in whole by publication of a document in the Federal Register within 30 days after the comment period ends.
NASA-FAR Supplement, Responsibility, Suspension and Debarment, Final rule, 76 Fed. Reg. 72327, November 23, 2011.
SUMMARY: NASA has adopted as final, without change, a proposed rule amending the NASA FAR Supplement (NFS) to require contracting officers to notify prospective contractors if they are found to be nonresponsible.
Dates: Effective Date: November 23, 2011.
NASA-FAR Supplement, Miscellaneous Administrative Changes, Direct final rule, 76 Fed. Reg. 72328, November 23, 2011.
SUMMARY: This direct final rule amends the NASA FAR Supplement (NFS) to make miscellaneous non-substantive administrative changes to be consistent with FAR numbering, FAR terminology, and to allow use of a URL Web site to identify the Agency and Center Ombudsman. These changes are necessary to ensure consistency with the FAR and terminology within NASA.
Dates: receives significant adverse comments by midnight Eastern Standard Time on December 23, 2011. If adverse comment is received, NASA will publish a timely withdrawal of the rule in the Federal Register. If no adverse comments are received, NASA will not publish a confirmation document.
Small Business Size and Status Integrity, Proposed rule; reopening of comment period, 76 Fed. Reg. 69164, November 08, 2011.
SUMMARY: SBA is reopening the comment period for the proposed rule published in the Federal Register on October 7, 2011. In that rule SBA proposed to amend its regulations to implement provisions of the Small Business Jobs Act of 2010 (Jobs Act) pertaining to small business size and status integrity. SBA proposed to amend its program regulations to implement statutory provisions establishing that there is a presumption of loss equal to the value of the contract or other instrument when a concern willfully seeks and receives an award by misrepresentation. SBA proposed to amend its program regulations to implement statutory provisions that provide that the submission of an offer or application for an award intended for small business concerns will be deemed a size or status certification or representation in certain circumstances. SBA proposed to amend its program regulations to implement statutory provisions that provide that an authorized official must sign in connection with a size or status certification or representation for a contract or other instrument. SBA proposed to amend its regulations to implement statutory provisions that provide that concerns that fail to update their size or status in the Online Representations and Certifications Application (ORCA) database (or any
successor thereto) at least annually shall no longer be identified in the database as small or some other socioeconomic status, until the representation is updated. SBA proposed to amend its regulations to clarify when size is determined for purposes of entry into the 8(a) Business Development and HUBZone programs. The proposed rule provided a 30-day comment period closing on November 7, 2011.
SBA is reopening the comment period for an additional 30 days in response to the significant level of interest generated by the proposed rule among small businesses. Given the scope of the proposed rule and the nature of the issues raised by the comments received to date, SBA believes that affected businesses need more time to review the proposal and prepare their comments.
Dates: The comment period for the proposed rule published on October 7, 2011 (76 FR 62313) is extended through December 8, 2011.
GSA-Federal Management Regulation; Prohibited List for Exchange/Sale of Personal Property, Final rule, 76 Fed. Reg. 67371, November 01, 2011.
SUMMARY: The General Services Administration (GSA) is amending the Federal Management Regulation (FMR) by making changes to its policy on the replacement of personal property pursuant to the exchange/sale authority.
Dates: This final rule is effective on November 1, 2011.
GSA-Federal Property Management Regulation (FPMR); Procurement Sources and Programs, Final rule, 76 Fed. Reg. 67370, November 01, 2011.
SUMMARY: The General Services Administration (GSA) is revising the Federal Property Management Regulation (FPMR) by removing the provisions regarding priorities for use of Government supply sources. Users may access the FPMR and any corresponding documents at GSAs Web site at http://www.gsa.gov/fmr and by clicking on “FPMR & Related Files” on the left- hand menu.
Dates: Effective Date: This final rule is effective November 1, 2011.
Small Business Jobs Act: Implementation of Conforming and Technical Amendments, Direct final rule, 76 Fed. Reg. 63542, October 13, 2011.
SUMMARY: This direct final rule contains various amendments conforming SBA regulations to changes made by the Small Business Jobs Act of 2010 to several SBA programs, inclu
ding business lending, disaster lending, and contract bundling. This rule also makes additional conforming changes to ensure that the regulations governing certain fees payable in the business loan programs are consistent with the related statutory authority in the Small Business Act.
Dates: This rule is effective on November 28, 2011 without further action, unless significant adverse comment is received by November 14, 2011. If significant adverse comment is received, SBA will publish a timely withdrawal of the affected sections of the rule in the Federal Register.
Small Business Size Standards: Administrative and Support, Waste Management and Remediation Services, Proposed rule, 76 Fed. Reg. 63510, October 12, 2011.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 37 industries in North American Industry Classification System (NAICS) Sector 56, Administrative and Support, Waste Management and Remediation Services. As part of its ongoing comprehensive review of all size standards, SBA has evaluated all receipts based standards in NAICS Sector 56 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that will examine size standards of industries grouped by an NAICS Sector. SBA issued a White Paper entitled “Size Standards Methodology” and published a notice in the October 21, 2009 issue
of the Federal Register that “Size Standards Methodology” is available on its Web site at http://www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing, and modifying a receipts based size standard.
Dates: SBA must receive comments to this proposed rule on or before December 12, 2011.
Small Business Size Standards, Proposed rule, 76 Fed. Reg. 63216, October 12, 2011.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to increase small business size standards
for 15 industries in North American Industry Classification System (NAICS) Sector 51, Information. As part of its ongoing comprehensive review of all size standards, SBA has evaluated all receipts based size standards in NAICS Sector 51 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that examines size standards of industries grouped by NAICS Sector. The SBA issued a White Paper entitled “Size Standards Methodology” and published a document in the October 21, 2009, issue of the Federal Register that “Size Standards Methodology” is available on its Web site at http://www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing and modifying a receipts based size standard.
Dates: SBA must receive comments to this proposed rule on or before December 12, 2011.
SBA-Small Business Size and Status Integrity, Proposed rule, 76 Fed. Reg. 62313, October 07, 2011.
SUMMARY: The U.S. Small Business Administration (SBA or Agency) is proposing to amend its regulations to implement provisions of the Small Business Jobs Act of 2010 (Jobs Act) pertaining to small business size and status integrity. SBA is proposing to amend its program regulations to implement statutory provisions establishing that there is a presumption of loss equal to the value of the contract or other instrument when a concern willfully seeks and receives an award by misrepresentation. SBA is proposing to amend its program regulations to implement statutory provisions that provide that the submission of an offer or application for an award intended for small business concerns will be deemed a size or status certification or representation in certain circumstances. SBA is proposing to amend its program regulations to implement statutory provisions that provide that an authorized official must sign in connection with a size or status certification or representation for a contract or other instrument. SBA is proposing to amend its regulations to implement statutory provisions that provide that concerns that fail to update their size or status in the Online Representations and Certifications Application (ORCA) database (or any successor thereto) at least annually shall no longer be identified in the database as small or some other socioeconomic status, until the representation is updated. Finally, SBA is proposing to amend its regulations to clarify when size is determined for purposes of entry into the 8(a) Business Development and HUBZone programs.
Dates: Comments must be received on or before November 7, 2011.
SBA-Small Business Subcontracting, Proposed rule, 76 Fed. Reg. 61626, October 05, 2011.
SUMMARY: The U.S. Small Business Administration (SBA or Agency) is proposing to amend its regulations to implement provisions of the Small Business Jobs Act of 2010, which pertain to small business subcontracting. SBA is proposing to amend its regulations to provide for a “covered contract” (a contract for which a small business subcontracting plan is required, currently valued above $1.5 million for construction and $650,000 for all other contracts), a prime contractor must notify the contracting officer in writing whenever the prime contractor does not utilize a subcontractor used in preparing its bid or proposal during contract performance. SBA is also proposing to amend its regulations to require a prime contractor to notify a contracting officer in writing whenever the prime contractor reduces payments to a subcontractor or when payments to a subcontractor are 90 days or more past due. In addition, SBA is proposing to clarify that the contracting officer is responsible for monitoring and evaluating small business subcontracting plan performance. SBA is also proposing to clarify which subcontracts must be included in subcontracting data reporting, which subcontracts should be excluded, and the way subcontracting data is reported.
SBA is also proposing to make other changes to update its subcontracting regulations, including changing subcontracting plan thresholds and referencing the electronic subcontracting reporting system (eSRS). Some of the SBA’s proposed changes would require the contracting officer to review subcontracting plan reports within 60 days of the report ending date.
Finally, SBA is also proposing to address how subcontracting plan requirements and credit towards subcontracting goals can be implemented in connection with Multi- agency, Federal Supply Schedule, Multiple Award Schedule and Government-wide Acquisition indefinite delivery, indefinite quantity (IDIQ) contracts.
Dates: Comments must be received on or before December 5, 2011.
OFPP-Cost Accounting Standards: Clarification of the Exemption From Cost Accounting Standards for Firm- Fixed-Price Contracts and Subcontracts Awarded Without Submission of Certified Cost or Pricing Data, Proposed rule, 76 Fed. Reg. 61660, October 05, 2011.
SUMMARY: The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, invites public comments concerning this proposed to clarify the application of the exemption from CAS at 48 CFR 9903.2011(b)(15) for firm-fixed-price (FFP) contracts and subcontracts awarded on the basis of adequate price competition without submission of cost or pricing data (hereafter referred to as the “(b)(15) FFP exemption”). The proposed rule will revise the (b)(15) FFP exemption to clarify that the exemption applies to firm-fixed-price contracts and subcontracts awarded on the basis of adequate price competition without submission of certified cost or pricing data.
Dates: Comment date: Comments must be in writing and must be received by December 5, 2011.
Department of Labor, Notice of Initial Determination Revising the List of Products Requiring Federal Contractor Certification as to Forced/ Indentured Child Labor Pursuant to Executive Order 13126, Request for comments, 76 Fed. Reg. 61384,
SUMMARY: This initial determination proposes to revise the list required by Executive Order No. 13126 (“Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor”) in accordance with the Department of Labors “Procedural Guidelines for the Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor.” Under the procurement regulations implementing this Executive Order, federal contractors who supply products on the list published by the Department of Labor must certify that they have made a good faith effort to determine whether forced or indentured child labor was used to produce the items listed. This notice proposes to add 3 new items to the list that the Department of Labor preliminarily believes might have been mined, produced or manufactured by forced or indentured child labor. The Department of Labor invites public comment on this initial determination. The Department will consider all public comments prior to publishing a final determination updating the list of products, made in consultation and cooperation with the Department of State and the Department of Homeland Security.
Dates: Information should be submitted to the Office of Child Labor, Forced Labor and Human Trafficking (OCFT) via one of the methods described below by 5 p.m., December 3, 2011.
GAO-Debarment, Suspension, and Ineligibility of Contractors, Proposed policy statement with request for comments, 76 Fed. Reg. 60838, September 30, 2011.
SUMMARY: The Government Accountability Office (GAO) is providing notice of its intent to adopt the policies and procedures contained in the Federal Acquisition Regulation (FAR) regarding the debarment, suspension, and ineligibility of government contractors. As a legislative branch agency, GAO is not subject to the requirements of the FAR. However, it is GAO’s general policy to follow the FAR, as appropriate and applicable. Mandatory application of the FAR is not to be inferred from GAO’s adoption of this policy.
GAO’s procurement rules are not contained in the Code of Federal Regulations, but instead are contained in an internal GAO document referred to as “Government Accountability Office Procurement Guidelines” (hereinafter, GAO’s Procurement Order). As such, the proposed policy regarding debarment and suspension will be added as a chapter to GAO’s Procurement Order. However, persons or entities seeking government contracts could potentially be adversely affected if, pursuant to the proposed policy, they were debarred, suspended, or proposed for debarment by GAO. As such, GAO
is providing interested persons an opportunity for notice and comment on this proposed policy.
Dates: Comments must be received on or before November 14, 2011.
GAO will publish the effective date of the proposed policy when responding to comments in a future Federal Register.
NASA-Award Fee for Service and End-Item Contracts. Proposed rule, 76 Fed. Reg. 57014, September 15, 2011.
SUMMARY: NASA proposes to revise the NASA FAR Supplement (NFS) to update the Award Fee for Service Contracts clause (NFS 1852.216-76) to clarify that the amount of award fee held in reserve, if any, shall not exceed $100,000 for the contract. The purpose of this reserve is to protect the Government’s interests relative to an orderly and timely closeout of the contract. In addition, the Award Fee for End Item Contracts clause (NFS 1852.216-77) is being updated to add
language similar to that contained in the Award Fee for Service Contracts clause to allow the contracting officer to withhold fee payments, at a not to exceed amount of $100,000 for the contract, to protect the Governments interests relative to an orderly and timely closeout of the contract.
Dates: Interested parties should submit comments to NASA at the address below on or before November 14, 2011 to be considered in formulation of the final rule.
Department of Agriculture, Designation of Product Categories for Federal Procurement, Notice of proposed rulemaking, 76 Fed. Reg. 56884, September 14, 2011.
SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 13 sections that will designate the following product categories within which biobased products would be afforded Federal procurement preference: Air fresheners and deodorizers; asphalt and tar removers; asphalt restorers; blast media; candles and wax melts; electronic components cleaners; floor coverings (non-carpet); foot care products; furniture cleaners and protectors; inks; packaging and insulating materials; pneumatic equipment lubricants; and wood and concrete stains. USDA is also proposing minimum biobased contents for each of these product categories.
Dates: USDA will accept public comments on this proposed rule until November 14, 2011.
FAA-Procedures for Protests and Contracts Disputes, Final rule, 76 Fed. Reg. 55217, September 07, 2011.
SUMMARY: This action updates, simplifies, and streamlines the current regulations governing the procedures for bid protests brought against the FAA and contract disputes brought against or by the FAA. It also adds a voluntary dispute avoidance and early resolution process. This action ensures the regulations reflect the changes that have evolved since they were first implemented in 1999. The intended effect of this action is to further improve the protest and dispute process.
Dates: Effective October 7, 2011.
DOL-Nondisplacement of Qualified Workers Under Service Contracts, Final rule, 76 Fed. Reg. 53720, August 29, 2011.
SUMMARY: In this final rule, the Department of Labor (Department or DOL) issues final regulations to implement Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts. The Executive Order establishes a general policy of the Federal Government concerning service contracts and solicitations for service contracts for performance of the same or similar services at the same location. This policy mandates the inclusion of a contract clause requiring the successor contractor and its subcontractors to offer those employees employed under the predecessor contract, whose employment will be otherwise terminated as a result of the award of the successor contract, a right of first refusal of employment under the successor contract in positions for which they are qualified.
Dates: The effective date for this final rule is pending, and the Department will publish a notice in the Federal Register announcing the effective date once it is determined.
OFPP-Cost Accounting Standards: Accounting for Insurance Costs, Notice of Discontinuation of Rulemaking, 76 Fed. Reg. 53378, August 26, 2011.
SUMMARY: The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, is providing public notification of the decision to discontinue the rulemaking on the development of an amendment to Cost Accounting Standard (CAS) 416 regarding the use of the term catastrophic losses at 48 CFR 9904.41650(b)(1).
OFPP-Allocation of Home Office Expenses to Segments, Notice of Discontinuation of Rulemaking, 76 Fed. Reg.53377, August 26, 2011.
SUMMARY: The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, is providing public notification of the decision to discontinue the rulemaking in the review of the CAS 403 thresholds at 48 CFR 9904.40340(c)(2) that require use of the three factor formula described at 48 CFR 9904.40350(c)(1) for allocating residual home office expenses.
Civilian Board of Contract Appeals; Rules of Procedure of the Civilian Board of Contract AppealsElectronic Filing of Documents, Final rule, 76 Fed. Reg. 50926, August 18, 2011.
SUMMARY: This document revises the rules governing proceedings before the Civilian Board of Contract Appeals (Board). The rules are amended to provide procedures for the electronic filing of documents in proceedings before the Board. Electronic filing is increasingly available in judicial and administrative tribunals to provide
parties with a faster, more efficient, and less costly way to submit their documents. In addition, although electronically filed documents will be docketed as received only during Board working hours, they may be transmitted at any time from any location with Internet access. This amendment is a non-substantive change to the Rules that is intended to improve the efficiency and effectiveness of the Boards programs by providing parties with an additional option for filing their documents with the Board. It does not affect any of the other methods currently available, including the delivery of documents in person, by courier or United States Postal Service, or by facsimile transmission.
Dates: Effective Date: August 17, 2011.
DOD-Private Security Contractors (PSCs) Operating in Contingency Operations, Combat Operations or Other Significant Military Operations Final rule, 76 Fed. Reg. 49650, August 11, 2011.
SUMMARY: This Rule establishes policy, assigns responsibilities and provides procedures for the regulation of the selection, accountability, training, equipping, and conduct of personnel performing private security functions under a covered contract during contingency operations, combat operations or other significant military operations. It also assigns responsibilities and establishes procedures for incident reporting, use of and accountability for equipment, rules for the use of force, and a process for administrative action or the removal, as appropriate, of PSCs and PSC personnel. For the Department of Defense, this Rule supplements DoD Instruction 3020.41, “Contractor Personnel Authorized to Accompany the U.S. Armed Forces,” which provides guidance for all DoD contractors operating in contingency operations.
This Rule was published as an Interim Final Rule on July 17, 2009 because there was insufficient policy and guidance regulating the actions of DoD and other governmental PSCs and their movements in operational areas. This Rule ensures compliance with laws and regulations pertaining to Inherently Governmental functions, and ensures proper performance by armed contractors.
Dates: Effective Date: This rule is effective September 12, 2011.
OFCCP-Non-Discrimination in Compensation; Compensation Data Collection Tool, Advanced notice of proposed rule making, 76 Fed. Reg. 49398, August 10, 2011.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is issuing this Advance Notice of Proposed Rulemaking in order to invite the public to provide input on the development and implementation of a compensation data collection tool. Possible uses for the collected data include generating insight into potential problems of compensation discrimination at the establishment level that warrant further review or evaluation by OFCCP or contractor self-audit. OFCCP could use the data collected by the tool to conduct analyses at the establishment level, as well as to identify and analyze industry trends, Federal contractors compensation practices and potential equal employment-related issues.
OFCCP is issuing this Advanced Notice of Proposed Rulemaking to solicit comments from interested parties as early as possible in the development process of this new data collection tool. There will, of course, be an additional opportunity to comment following the
publication of the Notice of Proposed Rulemaking. However, to maximize the opportunity to participate in the rulemaking process, OFCCP strongly encourages all interested parties to take this opportunity to submit any ideas, comments or concerns which OFCCP should consider in the course of designing this compensation data collection tool. OFCCP is especially interested in the nature of data that would be most useful for analysis, and any practical implementation issues.
Dates: All comments must be received on or before October 11, 2011.
NASA Implementation of Federal Acquisition Regulation (FAR) Award Fee Language Revision, Final rule, 76 Fed. Reg. 46206, August 02, 2011.
SUMMARY: NASA has adopted, without change, an interim final rule amending the NASA FAR Supplement (NFS) to implement the FAR Award Fee revision issued in Federal Acquisition Circular (FAC) 2005-46.
Dates: Effective Date: August 2, 2011.
State Department, ITAR Regulations, Electronic Payment of Registration Fees, Final rule, 76 Fed. Reg. 45195, July 28, 2011.
SUMMARY: The Department of State is amending the International Traffic in Arms Regulations (ITAR) to change the method of payment to electronic submission of registration fees. The institution of the electronic submission of registration fees will simplify the collection and verification of payments, eliminate the need to manually process and collect returned payments, and eliminate the possibility of lost payments. Definitions for “Foreign Ownership” and “Foreign Control” are also added.
Dates: Effective Date: This rule is effective September 26, 2011.
Agriculture-Designation of Biobased Items for Federal Procurement, Final rule, 76 Fed. Reg. 43808, July 22, 2011.
SUMMARY: The U.S. Department of Agriculture (USDA) is amending the Guidelines for Designating Biobased Products for Federal Procurement, to add 14 sections to designate items within which biobased products will be afforded Federal procurement preference, as provided for under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008 (referred to in this document as “section 9002”). USDA is also establishing minimum biobased contents for each of these items.
Dates: This rule is effective August 22, 2011.
SBA-Small Business HUBZone Program; Government Contracting Programs, Interim rule, 76 Fed. Reg. 43571, July 21, 2011.
SUMMARY: This interim final rule amends the U.S. Small Business Administrations regulations pertaining to the Historically Underutilized Business Zone (HUBZone Program). Specifically, this interim final rule allows a declined or decertified HUBZone small business to reapply ninety (90) calendar days after the decline or decertification decision is rendered, rather than wait one year to reapply, provided that it meets the eligibility requirements at that time of application.
Dates: Effective Date: This rule is effective July 21, 2011.
Comment Date: Comments must be received on or before August 22, 2011.
Treasury-Acquisition Regulation, Final rule, 76 Fed. Reg. 42056, July 18, 2011.
SUMMARY: The Department of the Treasury is issuing this final rule amending the Department of the Treasury Acquisition Regulation (DTAR) to: update, revise, or remove, as applicable, outdated text and references; add new text to maintain consistency with the Federal Acquisition Regulation (FAR); incorporate Treasury-specific policy associated with current FAR requirements; reflect the Treasurys organization and delegation of authorities; and make minor editorial changes. This final rule adopts the provisions in the December 17, 2010, proposed rule with a minor change, thus renumbering one paragraph in the DTAR.
Dates: Effective date: August 17, 2011.
OFPP-Cost Accounting Standards: Change to the CAS Applicability Threshold for the Inflation Adjustment to the Truth in Negotiations Act Threshold, Interim rule, 76 Fed. Reg. 40817, July 12, 2011.
SUMMARY: The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board (Board), invites public comments concerning this interim rule revising the threshold for the application of CAS from “$650,000” to “the Truth in Negotiations Act (TINA) threshold, as adjusted for inflation.” The change is being made because the CAS applicability threshold is statutorily tied to TINA. The TINA threshold for obtaining cost or pricing data was recently adjusted for inflation to $700,000 in the Federal Acquisition Regulation (FAR), as required by the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005.
Until this interim change, the CAS applicability threshold was a stated dollar amount ($650,000) in the Code of Federal Regulations. This wording change will effectively revise the CAS threshold to $700,000 and cause future changes to the CAS applicability threshold to self-execute upon any changes to the TINA threshold as they are implemented in the FAR.
Dates: Effective date: August 11, 2011. Comment date: Comments must be in
writing and must be received by September 12, 2011.
EPA-Contractor Performance Information, Direct final rule, 76 Fed. Reg. 39015, July 05, 2011.
SUMMARY: The Environmental Protection Agency is issuing a final rule to amend the Environmental Protection Agency Acquisition Regulation (EPAAR) to establish new procedures for recording and maintaining contractor performance information. EPA is issuing a final rule because the changes are procedural in nature, and we do not anticipate any adverse comments.
Dates: This rule is effective October 3, 2011 without further action, unless adverse comment is received by August 4, 2011. If adverse comment is received, the EPA will publish a timely withdrawal of the rule in the Federal Register.
Rules of Practice Before the Postal Service Board of Contract Appeals, Final rule, 76 Fed. Reg. 37660, June 28, 2011.
SUMMARY: The Postal Service is revising portions of the rules of practice before the Postal Service Board of Contract Appeals to clarify existing procedures, and to modify certain citations to reflect a change in statutory codification.
Dates: Effective date: July 28, 2011.
Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans, Notice of proposed rulemaking and extension of comment period, 76 Fed. Reg. 36482, June 22, 2011.
SUMMARY: On April 26, 2011, the Office of Federal Contract Compliance Programs (OFCCP) published a Federal
Register notice of proposed rulemaking (NPRM). This NPRM proposes revising regulations implementing the affirmative action provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended. This document extends the comment period for the proposed rule for fourteen (14) days. If you have already commented on the proposed rule you do not need to resubmit your comment. OFCCP will consider all comments received from the date of publication of the proposed rule through the close of the extended comment period.
Dates: The comment period for the NPRM published on April 26, 2011 (76 FR 23358), scheduled to close on June 27, 2011, is extended until July 11, 2011.
GSAR Case 2011G503, Implementation of Information Technology Security Provision, Interim rule, 76 Fed. Reg. 34886, June 15, 2011.
SUMMARY: The General Services Administration (GSA) is issuing an interim rule amending the General Services Administration Acquisition Regulation (GSAR) to revise sections to implement policy and guidelines for contracts and orders that include information technology (IT) supplies, services and systems with security requirements.
Dates: Effective Date: June 15, 2011.
Applicability Date: This amendment
applies to contracts and orders awarded after the effective date that include information technology (IT) supplies, services and systems with security requirements.
Comment Date: Interested parties should submit written comments to the Regulatory Secretariat at the address shown below on or before August 15, 2011 to be considered in the formulation of a final rule.
AID, Implementation of OMB Guidance on Government-Wide Debarment and Suspension (Non-procurement), Final rule, 76 Fed. Reg. 34143, June 13, 2011.
SUMMARY: The U.S. Agency for International Development (USAID) is removing its regulation implementing the Government-wide common rule on debarment and suspension (non- procurement), currently located in Part 208 of Title 22 of the Code of Federal Regulations (CFR), and issuing a new regulation to adopt the Office of Management and Budget (OMB) guidance at 2 CFR part 180. This regulatory action implements the OMB’s initiative to streamline and consolidate into one title of the CFR all Federal regulations on debarment and suspension. These changes constitute an administrative simplification that would make no substantive change in USAID policy or procedures for debarment and suspension.
Dates: This final rule is effective on August 12, 2011 without further action. Submit comments by July 13, 2011 on any unintended changes this action makes in USAID policies and procedures for debarment and suspension. All comments on unintended changes will be considered and, if warranted, USAID will revise the rule.
GSA Acquisition Regulation-Rewrite of Part 570; Acquiring Leasehold Interests in Real Property, Final rule, 76 Fed. Reg. 30842, May 27, 2011.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise sections that provide requirements for acquiring leasehold interests in real property.
Dates: Effective Date: June 27, 2011.
GSA-Notice Pursuant to Executive Order 12600 of Receipt of Freedom of Information Act (FOIA) Requests for Access to the Central Contractor Registration (CCR) Data, 76 Fed. Reg. 30717, May 2 6, 2011.
SUMMARY: This notice replaces the notice VSI-Notice 2011-01; Notice Pursuant to Executive Order 12600 of Receipt of Freedom of Information Act (FOIA) Requests for Access to the Central Contractor Registration (CCR) Data, published on May 16, 2011. It provides submitters notice pursuant to Executive Order 12600 that the General Services Administration, Office of Governmentwide Policy, Acquisition Systems Division (ASD) has received several FOIA requests for certain data elements within the Central Contractor Registration (CCR) database. This notice describes each data element contained in CCR and its exemption status under
FOIA. The non-exempt data elements are packaged in a monthly CCR FOIA extract available on Acquisition.gov (http://www.acquisition.gov). The exempt data elements are not made public as part of the CCR FOIA extract.
However, certain data elements that are exempt for CCR FOIA requests may be displayed publicly in other Federal systems after they are associated with a Federal award as required by law. For instance, CCR data elements 250254 address Executive Compensation as required under section 2 of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109 282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110252). While collected in CCR as part of the registrants profile, the Executive Compensation responses are not displayed until they are associated with an eligible Federal award at USAspending.gov (http:// www.usaspending.gov), nor are they releasable under CCR FOIA prior to association with an eligible Federal award and subsequent display on USAspending.gov. In addition, CCR data elements 255260 address Proceedings information in accordance with FAR clause 52.2097 (version dated January 2011). While collected in CCR as part of the registrants profile (in accordance with FAR 52.2097(d)), the Proceedings information is only displayed in association with a record in the Federal Awardee Performance and Integrity Information System (FAPIIS) and is not releasable under CCR FOIA.
The following information applies to CCR data fields 255 through 260, dealing with the Proceedings section of the CCR registration, which are marked with *:
Any information entered in data fields 255 to 260 before April 15, 2011, will be handled in accordance with the Freedom of Information Act procedures at 5 U.S.C 552. Information posted on or after April 15, 2011, will be available to the public through FAPIIS, as required by Section 3010 of Public Law 111212 (see 41 U.S.C. 417b, as recodified, 41 U.S.C. 2313) and in accordance with FAR clause 52.2099 (version dated January 2011).
Federal contractors must not post information to data fields 255 to 260 under former FAR clause 52.2098 (version dated April 2010) on or after April 15, 2011. Any contractors with a contract containing clause 52.2098 (version dated April 2010) that requires update of information on or after April 15, 2011, should contact their contracting officer immediately to
discuss a modification. Contracting officers are required to bilaterally modify existing contracts (including indefinite-delivery indefinite-quantity contracts) that contain the FAR clause 52.2098 (version dated April 2010) if a six-month update is due on or after April 15, 2011. The modification shall replace FAR clause 52.2098 (version dated April 2010) with the new FAR clause 52.2099 (version dated January 2011).
Dates: Comments must be received on or before June 27, 2011. Submit comments to the addresses shown below.
NASA Commercial Acquisition; Anchor Tenancy, Proposed rule, 76 Fed. Reg. 30301, May 25, 2011.
SUMMARY: NASA proposes to revise the NASA FAR Supplement (NFS) to include guidance consistent with NASA’s authority under Section 401 of the Commercial Space Competitiveness Act (CSCA) of 1992. NASA may enter into multi-year anchor tenancy contracts for commercial space goods or services. Anchor Tenancy means “an arrangement in which the United States Government agrees to procure sufficient quantities of a commercial space product or service needed to meet Government mission requirements so that a commercial venture is made viable.”
Dates: Interested parties should submit comments to NASA at the address below on or before July 25, 2011 to be considered in formulation of the final rule.
Department of State Acquisition Regulation; Foreign Nationals and Third Country Nationals, Final rule. 76 Fed. Reg. 30264, May 25, 2011.
SUMMARY: : This final rule makes one administrative change to the Department of State Acquisition Regulation (DOSAR). It revises the DOSAR to allow the appointment of selected non-U.S. citizen locally employed staff, i.e., Foreign Nationals and Third Country Nationals, as contracting officers for acquisitions at $25,000 and below. This change will permit streamlined procurement processes at applicable Department of State overseas posts.
Dates: Effective Date: This rule is effective June 24, 2011.
GSA-Notice Pursuant to Executive Order 12600 of Receipt of Freedom of Information Act (FOIA) Requests for Access to the Central Contractor Registration (CCR) Database, 76 Fed. Reg. 28228, May 16, 2011.
SUMMARY: This notice provides submitters notice pursuant to Executive Order 12600 that the General Services Administration, Office of Governmentwide Policy, Acquisition Systems Division (ASD) has received several FOIA requests for certain data elements (CCR extracts) within the Central Contractor Registration (CCR) database. This notice describes each data element contained in CCR, and its exemption status under FOIA.
The following information applies to CCR data fields 250 through 254 only, which are marked with a “*”:
Information posted in data fields 250 to 254 prior to April 15, 2011, regardless of which Federal Acquisition Regulation (FAR) provision or clause it is posted under, will be subject to release in accordance with the Freedom of Information Act procedures at 5 U.S.C. 552, including, where appropriate, procedures promulgated under E.O. 12600, “Predisclosure Notification Procedures for Confidential Commercial Information.”
Information posted in data fields 250 to 254 (or subsequently on the Federal Awardee Performance and Integrity Information System (FAPIIS)), on or after April 15, 2011, will be available to the public, as required by Section 3010 of Public Law 111212 (see 41 U.S.C. 417b, as codified, 41 U.S.C. 2313) and in accordance with FAR clause 52.209 9 (version dated JAN 2011).
Federal contractors must NOT post information required under FAR clause 52.2097 (version dated JAN 2011) on or after April 15, 2011. Any contractors with a contract containing clause 52.2097 (version dated JAN 2011) that requires update of information on or after April 15, 2011, should contact their contracting officer immediately to discuss a modification.
The following information applies to CCR data fields 255 through 260, which are marked with “**”:
Any information entered in data fields 255 to 260 before April 15, 2011, is only available to authorized individuals in accordance with the Freedom of Information Act procedures at 5 U.S.C. 552. Information posted on or after April 15, 2011, will be available to the public, as required by Section 3010 of Pub. L. 111212 (see 41 U.S.C. 417b, as codified, 41 U.S.C. 2313) and in accordance with FAR clause 52.2099 (version dated JAN 2011).
Federal contractors must not post information to data fields 255 to 260 under FAR clause 52.2097 (version dated JAN 2011) on or after April 15, 2011. Any contractors with a contract containing clause 52.2097 (version dated JAN 2011) that requires update of information on or after April 15, 2011, should contact their contracting officer immediately to discuss a modification.
Dates: Comments must be received on or before June 15, 2011. Submit comments to the addresses shown below.
Rules of the Armed Services Board of Contract Appeals, Final rule, 76 Fed. Reg. 27274, May 11, 2011.
SUMMARY: DoD is issuing a final rule to update the Rules of the Armed Services Board of Contract Appeals (ASBCA). The final rule implements statutory
increases in the thresholds relating to the submission and processing of contract appeals and updates statutory references and other administrative information.
Dates: Effective Date: May 11, 2011.
Internal Revenue Service, Extension of Withholding to Certain Payments Made by Government Entities, Final regulation, 76 Fed. Reg. 26583, May 09, 2011.
SUMMARY: This document contains final regulations relating to withholding by government entities. These regulations reflect changes in the law made by the Tax Increase Prevention and Reconciliation Act of 2005 that require Federal, State, and local government entities to withhold income tax when making payments to persons providing property or services. These regulations affect Federal, State, and local government entities that will be required to withhold and report tax from payments to persons providing property or services and also affect the persons receiving payments for property or services from the government entities.
Dates: Effective Date: These regulations are effective on May 9, 2011.
Internal Revenue Service, Withholding on Payments by Government Entities to Persons Providing Property or Services, Notice of proposed rulemaking., 76 Fed. Reg. 26678, May 09, 2011.
SUMMARY: This document contains proposed regulations relating to withholding by government entities on payments to persons providing property or services. The proposed regulations reflect changes in the law made by the Tax Increase Prevention and Reconciliation Act of 2005 that require Federal, State, and local government entities to withhold income tax when making payments to persons providing property or services. These proposed regulations would change the provisions related to the effective date of the final regulations concerning these withholding requirements that are being issued concurrently with these proposed regulations. The guidance affects government entities that are required to withhold from payments to persons providing property or services and persons receiving the payments.
Dates: Written or electronic comments and requests for a public hearing must be received by August 8, 2011.
OFCCP, Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans, Proposed rule, 76 Fed. Reg. 23358, April 26, 2011.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is proposing to revise regulations implementing the affirmative action provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, which requires covered Federal contractors and subcontractors to take affirmative action in employment on behalf of specified categories of protected veterans. The proposed regulations would strengthen these affirmative action provisions, detailing specific actions a contractor must take to satisfy its obligations. They would also increase the contractors data collection obligations, and require the contractor to establish hiring benchmarks to assist in measuring the effectiveness of its affirmative action efforts. Rescission of 41 CFR part 60-250 as obsolete is also proposed.
Dates: To be assured of consideration, comments must be received on or before June 27, 2011.
Department of Defense, Alternative Dispute Resolution (ADR) and Conflict Management, Proposed rule, 76 Fed. Reg. 22848, April 25, 2011.
SUMMARY: This part establishes policy and assigns responsibilities. It establishes a framework for encouraging the expanded use of alternative means of dispute resolution and conflict management practices as an integral part of normal business practices within the Department of Defense.
Dates: Comments must be received by June 24, 2011.
Department of State-Acqusition Regulation, Final rule, 76 Fed. Reg. 20249, April 12, 2011.
SUMMARY: This final rule adds a contract clause to the Department of State Acquisition Regulation (DOSAR) to implement the Departments procedures regarding personal identity verification of contractor personnel, as required by Homeland Security Presidential Directive 12 (HSPD12), Policy for a Common Identification Standard for Federal Employees and Contractors, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, Personal Identity Verification (PIV) of Federal Employees and Contractors. This clause will apply to contracts that require contractor employees to perform on-site at a Department of State location and/or that require contractor employees to have access to Department information systems.
Dates: Effective Date: This rule is effective May 12, 2011.
Department of Labor-Updating Regulations Issued Under the Fair Labor Standards Act, Final rule, 76 Fed. Reg. 18832, April 05, 2011.
SUMMARY: In this final rule, the Department of Labor (Department or DOL) revises regulations issued pursuant to the Fair Labor Standards Act of 1938 (FLSA) and the Portal-to-Portal Act of 1947 (Portal Act) that have become out of date because of subsequent legislation. These revisions conform the regulations to FLSA amendments passed in 1974, 1977, 1996, 1997, 1998, 1999, 2000, and 2007, and Portal Act amendments passed in 1996.
Dates: Effective Date: These rules are effective on May 5, 2011
Department of the Interior, Acquisition Regulation Miscellaneous Changes, Proposed rule, 76 Fed. Reg. 15901, March 22, 2011.
SUMMARY: The Department of the Interior (DOI) is proposing to revise the Department of the Interior Acquisition Regulation (DIAR) in order to make minor corrections to DOI acquisition procedures to be consistent with the Federal Acquisition Regulation (FAR), and to add a new clause covering contract administration roles and responsibilities. Some DIAR coverage is being revised and obsolete material is being removed.
Dates: Submit comments by May 23, 2011.
Small Business Size Standards: Professional, Scientific and Technical Services, Proposed rule, 76 Fed. Reg. 14323, March 16, 2011.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to increase small business size standards for 35 industries and one sub-industry in North American Industry Classification System (NAICS) Sector 54, Professional, Scientific and Technical Services and one industry in NAICS Sector 81, Other Services. As part of its ongoing comprehensive review of all size standards, SBA has evaluated 45 industries and three sub- industries in NAICS Sector 54 and one industry in NAICS Sector 81 to determine whether the existing size standards should be retained or revised. This proposed rule is one of a series of proposals that will examine size standards of industries grouped by an NAICS Sector. SBA has issued a White Paper entitled “Size Standards Methodology” and published in the October 21, 2009 issue of the Federal Register a notice that “Size Standards Methodology” is available on its Web site at http://www.sba.gov/size for public review and comments. The “Size Standards Methodology” White Paper explains how SBA establishes, reviews and modifies its receipts based and employee based small business size standards. In this proposed rule, SBA has applied its methodology that pertains to establishing, reviewing and modifying a receipts based size standard.
Dates: SBA must receive comments to this proposed rule on or before May 16, 2011.
Department of Education Acquisition Regulation, Final rule, 76 Fed. Reg. 12796, March 08, 2011.
SUMMARY: The Secretary reissues the Department of Education Acquisition Regulation (EDAR) in order to update it to accurately implement the current Federal Acquisition Regulation (FAR) and Department policies.
Dates: These regulations are effective May 9, 2011.
Department of Energy, Acquisition Regulation, Notice of proposed rulemaking, 76 Fed. Reg. 11985, March 04, 2011.
SUMMARY: The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) to conform to the Federal Acquisition Regulation (FAR), remove out-of date government property coverage, and update references. This proposed rule does not alter substantive rights or obligations under current law.
Dates: Written comments on the proposed rulemaking must be received on or before close of business April 4, 2011.
Department of Energy, (General Provisions) Contract Appeals and the Acquisition Regulation: General, Acquisition Planning, and Contracting Methods and Contract Types, Final rule, 76 Fed. Reg. 7685, February 11, 2011.
SUMMARY: The Department of Energy (DOE) is amending the Department of Energy Acquisition Regulation (DEAR) regulations on Acquisition Planning, and Contracting Methods and Contract Types to make changes to conform to the Federal Acquisition Regulation (FAR), remove out-of-date coverage, and update references. Todays rule does not alter substantive rights or obligations under current law.
Dates: Effective Date: March 14, 2011.
Small Business Size Regulations; 8(a) Business Development/Small Disadvantaged Business Status Determinations, Final rule, 76 Fed. Reg. 8222, February 11, 2011.
SUMMARY: This rule makes changes to the regulations governing the section 8(a) Business Development (8(a) BD) program, the U.S. Small Business Administration’s (SBA or Agency) size regulations, and the regulations affecting Small Disadvantaged Businesses (SDBs). It is the first comprehensive revision to the 8(a) BD program in more than ten years. Some of the changes involve technical issues such as changing the term “SIC code” to “NAICS code” to reflect the national conversion to the North American Industry Classification System (NAICS).
Dates: Effective Date: This rule is effective March 14, 2011.
Compliance Dates: Except for 13 CFR 124.604, the revisions to 13 CFR part 124 apply to all applications for the 8(a) BD program pending as of March 14, 2011 and all 8(a) procurement requirements accepted by SBA on or after March 14, 2011. These rules do not apply to any 8(a) BD appeals pending before SBAs Office of Hearings and Appeals. The requirements of § 124.604 apply to all 8(a) BD program participants as of September 9, 2011, unless SBA further delays implementation through a Notice in the Federal Register. The amendments to 13 CFR part 121 apply with respect to all solicitations issued and all certifications as to size made after March 14, 2011.
NASA-Major System Acquisition; Earned Value Management, Proposed rule, 76 Fed. Reg. 7526, February 10, 2011
SUMMARY: NASA proposes to revise the requirements in the NASA FAR
Supplement (NFS) for contractors to establish and maintain an Earned Value Management System (EVMS) for firm-fixed-price (FFP) contracts. The proposal recognizes the reduction in risk associated with FFP contracts and intends to relieve contractors of an unnecessary reporting burden.
Dates: Interested parties should submit comments on or before April 11, 2011 to be considered in formulation of the final rule.
NASA Implementation of Federal
Acquisition Regulation (FAR) Award Fee Language Revision, Interim rule, 76 Fed. Reg. 6696,
February 08, 2011.
SUMMARY: This interim rule revises the NASA FAR Supplement (NFS)
to implement the FAR Award Fee revision issued in Federal Acquisition Circular (FAC) 200546.
Dates: Effective Date: February 8, 2011. Comment Date: Interested parties should submit
written comments to NASA at the address below on or before April 11, 2011 to be considered in the
formulation of the final rule.
Department of Agriculture, Designation of Biobased Items for Federal Procurement, Proposed rule; amendments., 76 Fed. Reg. 6366, February 04, 2011,
SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to amend its Guidelines for Designating Biobased Products for Federal Procurement, to be consistent with certain statutory changes to section 9002 of the Farm Security and Rural Investment Act (FSRIA) that were effected when the Food, Conservation, and Energy Act (FCEA) of 2008 was signed into law on June 18, 2008. Elsewhere in this issue of the Federal Register, we are publishing a companion direct final rule. This proposed rule will provide a procedural framework to finalize the rule in the event we receive significant adverse comment and withdraw the direct final rule.
Dates: USDA will accept public comments on these proposed rule amendments until April 5, 2011.
Department of Agriculture, Designation of Biobased Items for Federal Procurement, Direct final rule, 76 Fed. Reg. 6319, February 04, 2011,
SUMMARY: The U.S. Department of Agriculture (USDA) is amending its Guidelines for Designating Biobased Products for Federal Procurement, to be consistent with certain statutory changes to section 9002 of the Farm Security and Rural Investment Act (FSRIA) that were effected when the Food, Conservation, and Energy Act (FCEA) of 2008 was signed into law on June 18, 2008. The amendment is issued as an immediately effective final rule. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule under USDAs usual procedure for notice and comment to provide a procedural framework to finalize the rule in the event we receive significant adverse comment and withdraw this direct final rule.
Dates: This rule is effective June 6, 2011. Submit comments on the direct final rule by April 5, 2011. If we receive any timely significant adverse comment, we will withdraw this final rule in part or in whole by publication of a document in the Federal Register within 30 days after the comment period ends.
Small Business, Small Disadvantaged Business, HUBZone, and Service- Disabled Veteran-Owned Business Status Protest and Appeal Regulations, Final rule, 76 Fed. Reg. 5680, February 02, 2011.
SUMMARY: The U.S. Small Business Administration (SBA or Agency) is amending its regulations to clarify the effect, across all small business programs, of initial and appeal eligibility decisions on the procurement in question; increase the amount of time that SBA has to render formal size determinations; require that SBAs Office of Hearings and Appeals (OHA) issue a size appeal decision within 60 calendar days of the close of the record, if possible; increase the amount of time that SBA has to file North American Industry Classification System (NAICS) code appeals; alter the NAICS code appeal procedures to comply with a Federal Court decision; clarify that contracting officers must reflect final agency eligibility decisions in Federal procurement databases and goaling statistics; and make other changes to size status protest and appeal rules.
Dates: Effective date: March 4, 2011. Applicability date: The amendments to 13 CFR 121.402(b), 121.404(a), and 121.407 apply to solicitations issued on or after March 4, 2011.
Department of Transportation,
Disadvantaged Business Enterprise: Program Improvements, Final rule, 76 Fed. Reg. 5083,
SUMMARY: This rule improves the administration of the Disadvantaged Business Enterprise
(DBE) program by increasing accountability for recipients with respect to meeting overall goals,
modifying and updating certification requirements, adjusting the personal net worth (PNW) threshold
for inflation, providing for expedited interstate certification, adding provisions to foster small
business participation, improving post-award oversight, and addressing other issues.
Dates: Effective Dates: This rule is effective February 28, 2011.
GSA-Submission for OMB Review; OMB Control No. 30900290; Central Contractor Registration Requirements for Prime Grant Recipients, Request for comments, 76 Fed. Reg. 4899, January 27, 2011.
SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an emergency new information collection requirement regarding Central Contractor Registration Requirements for Prime Grant Recipients.
Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Central Contractor Registration Requirements for Prime Grant Recipients, whether it will have practical utility; whether our estimate of the public burden of this
collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.
Dates: Submit comments on or before February 28, 2011.
NASA FAR Supplement, Government Property, Final rule, 76 Fed. Reg. 2001, January 12, 2011.
SUMMARY: NASA is issuing a final rule to revise the NASA FAR Supplement (NFS) to update Agency-level, property- related provisions, clauses, prescriptions and procedures to be consistent with changes made to Part 45 and Part 52.245 of the Federal Acquisition Regulation in Federal Acquisition Circular (FAC) 200517. FAC 200517 significantly rewrote FAR Part 45, Government Property, and changed property related definitions, provisions and clauses which are required to be used in all solicitations and contracts issued after the effective date of 14 June, 2007.
Dates: DATES: Effective Date: January 12, 2011.
Office of Federal Contract Compliance Programs, Interpretive Standards for Systemic Compensation Discrimination and Voluntary Guidelines for Self- Evaluation of Compensation Practices Under Executive Order 11246; Notice of Proposed Rescission, Notice of proposed rescission, 76 Fed. Reg. 62, January 03, 2011.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is proposing to rescind two guidance documents addressing compensation discrimination: Interpreting Nondiscrimination Requirements of Executive Order 11246 with respect to Systemic Compensation Discrimination (Standards) and Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance with Executive Order 11246 with respect to Systemic Compensation Discrimination (Voluntary Guidelines). OFCCP is proposing to rescind the Standards which have limited OFCCPs ability to effectively investigate, analyze and identify compensation discrimination. In so doing, OFCCP will continue to adhere to the principles of Title VII of the Civil Rights Act of 1964, as amended (Title VII) in investigating compensation discrimination and will reinstitute flexibility in its use of investigative approaches and tools. OFCCP also proposes to establish procedures for investigating compensation discrimination through the traditional means of using its compliance manual, directives and other staff guidance. OFCCP is proposing to rescind the Voluntary Guidelines because they are largely unused by the Federal Government contracting community and have not been an effective enforcement strategy.
Dates: Comments must be received on or before March 4, 2011.
Department of the Treasury-Acquisition Regulations, Proposed rule, 75 Fed. Reg. 78953, December 17, 2010.
SUMMARY: The Department of the Treasury is proposing to amend the Department of the Treasury Acquisition Regulation (DTAR) to: update, revise, or remove, as applicable, outdated text and references; add new text to maintain consistency with the Federal Acquisition Regulation (FAR); incorporate Treasury-specific policy associated with current FAR requirements; reflect the Treasury’s organization and delegation of authorities; and make minor editorial changes.
Dates: Comment due date: February 15, 2011.
Department of Agriculture, Designation
of Biobased Items for Federal Procurement, Proposed rule, 75 Fed. Reg. 71492, November 23, 2010.
SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to amend the
Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 14 sections
that will designate the following items within which biobased products would be afforded Federal
procurement preference: Animal repellents; bath products; bioremediation materials; compost
activators and accelerators; concrete and asphalt cleaners; cuts, burns, and abrasions ointments;
dishwashing products; erosion control materials; floor cleaners and protectors; hair care products;
interior paints and coatings; oven and grill cleaners; slide way lubricants; and thermal shipping
containers. USDA is also proposing minimum biobased contents for each of these items.
Dates: USDA will accept public comments on this proposed rule until January 24,
2011.
DOE-Acquisition Regulation: Agency
Supplementary Regulations, Final rule, 75 Fed. Reg. 68217, November 05, 2010.
SUMMARY: The Department of Energy (DOE) is amending the Department of Energy Acquisition
Regulation (DEAR) on DOE Management and Operating Contracts to make changes to conform to the
Federal Acquisition Regulation (FAR), remove out-of-date coverage, and update references.
Today’s rule does not alter substantive rights or obligations under current law.
Dates: Effective Date: December 6, 2010
SBA-Small Entity
Compliance Guide: Women-Owned Small Business Program, Notice: Availibility of
Compliance Guide, 75 Fed. Reg. 66411, October 28, 2010.
SUMMARY: The Small Business Administration (SBA) is announcing the
availability of a compliance guide for the Women-Owned Small Business (WOSB)
Program. This guide sets forth in plain language the requirements for
participation in the WOSB program, and is intended to help small businesses
understand the regulation and how it affects them.
OFPP-Cost
Accounting Standards: Elimination of the Exemption From Cost Accounting
Standards for Contracts Executed and Performed Entirely Outside the United
States, Its Territories, and Possessions, Proposed rule, 75 Fed. Reg. 64684,
October 20, 2010.
SUMMARY: The Office of Federal Procurement
Policy (OFPP), Cost Accounting Standards (CAS) Board (Board), invites public
comments concerning a Notice of Proposed Rule (NPR) to eliminate an exemption
from the Cost Accounting Standards for contracts executed and performed entirely
outside the United States, its territories, and possessions.
Dates: Comments
must be in writing and must be received by December 20, 2010.
Department of
Agriculture-Designation of Biobased Items for Federal Procurement, Final
rule, 75 Fed. Reg. 63695, October 18, 2010.
SUMMARY: The
United States Department of Agriculture (USDA) is amending the Guidelines for
Designating Biobased Products for Federal Procurement, to add eight sections to
designate items within which biobased products will be afforded Federal
procurement preference, as provided for under section 9002 of the Farm Security
and Rural Investment Act of 2002, as amended by the Food, Conservation, and
Energy Act of 2008 (referred to in this document as “section 9002”).
USDA is also establishing minimum biobased contents for each of these items.
Dates: This rule is effective November 17, 2010.
SBA-Women-Owned
Small Business Federal Contract Program, Final rule, 75 Fed. Reg. 62258,
October 07, 2010.
SUMMARY: The U.S. Small Business Administration
(SBA) is issuing this Final Rule to amend its regulations governing small
business contracting procedures. This Final Rule amends part 127, entitled The
Women-Owned Small Business Federal Contract Assistance Procedures, and
implements procedures authorized by the Small Business Act (Pub. L. 85536, as
amended) to help ensure a level playing field on which Women-Owned Small
Businesses can compete for Federal contracting opportunities.
Dates: This rule is effective February 4,
2011.
Homeland Security
Acquisition Regulation (HSAR); Revision Initiative, Proposed rule, 75 Fed.
Reg. 55529, September 13, 2010.
SUMMARY: DHS is proposing to
amend multiple sections of the Homeland Security Acquisition Regulation (HSAR)
to align existing content with the Federal Acquisition Regulation (FAR); to
implement Section 695 of the Post- Katrina Emergency Management Reform Act of
2006; to clarify agency acquisition regulations; and to provide editorial
corrections. The HSAR Part 3006 proposed amendment reflects the necessary
implementation for the statutory change restricting the length of certain
noncompetitive contracts entered into by the Department of Homeland Security to
facilitate the response to or recovery from a natural disaster, act of
terrorism, or other manmade disaster.
Dates: Comments must reach the Department of Homeland Security,
Office of the Chief Procurement Officer, Acquisition Policy and Legislation, on
or before November 12, 2010, to be considered in the formulation of the final
rule.
Department of
Education, Acquisition Regulation, Notice of proposed rulemaking, 75 Fed
Reg. 51884, August 23, 2010,
SUMMARY: The Secretary proposes to
reissue the Department of Education Acquisition Regulation (EDAR) in order to
update it to accurately implement the current Federal Acquisition Regulation
(FAR) and Department policies.
Dates: We must receive your
comments on or before September 22, 2010.
GSA-Rewrite of GSAR
Part 541, Acquisition of Utility Services, Final rule, 75 Fed. Reg. 48872,
August 12, 2010.
SUMMARY: The General Services Administration
(GSA) is amending the General Services Administration Acquisition Regulation
(GSAR) to improve the acquisition of utility services. Two clauses specific to
utility services are being added to this part, they are the availability of
funds clause which replaces the FAR clause and the disputes clause which
supplements the FAR clause.
Dates: Effective Date: September 13,
2010.
SBA-Rules of
Procedure Governing Cases Before the Office of Hearings and Appeals, Final rule,
75 Fed. Reg. 47435, August 06, 2010,
SUMMARY:The U.S. Small
Business Administration (SBA or Agency) is amending its regulations governing
appeals before the SBAs Office of Hearings and Appeals (OHA). OHA is SBAs
administrative tribunal, and these regulations are procedural by nature. These
revisions codify current practices to make them more transparent, and clarify
some existing rules of procedure to make them more understandable particularly
to OHAs many pro se litigants.
Dates: Effective Date: This rule
is effective September 20, 2010 without further action, unless significant
adverse comment is received by September 7, 2010. If significant adverse comment
is received, SBA will publish a timely withdrawal of the rule in the Federal
Register.
Applicability Date: This rule applies to all appeals
filed on or after the Effective Date.
OFCCP-Affirmative
Action and Nondiscrimination Obligations of Contractors and Subcontractors;
Evaluation of Affirmative Action Provisions Under Section 503 of the
Rehabilitation Act, as Amended, Advanced notice of proposed rulemaking, 75
Fed. Reg. 43116, July 23, 2010.
SUMMARY: The Office of Federal
Contract Compliance Programs (OFCCP) is issuing this Advance Notice of Proposed
Rulemaking (ANPRM) in order to invite the public to provide input on how OFCCP
can strengthen the affirmative action requirements of the regulations
implementing section 503 of the Rehabilitation Act of 1973, as amended (Section
503). Strengthening affirmative action requirements will help increase the
employment opportunities of people with disabilities in the Federal contractor
sector.
Dates: All comments must be received on or before
September 21, 2010.
Rewrite of
GSAR Part 516, Types of Contracts, Final rule, 75 Fed. Reg. 41093,
July 15, 2010.
SUMMARY: The General Services
Administration (GSA) is amending the General Services Administration
Acquisition Regulation (GSAR) to update GSAR Part 516, Types of
Contracts. GSAR part 516 has been revised to add and/or clarify policy
pertaining to requirements for types of contracts.
Dates: Effective Date: August 16, 2010.
Homeland
Security Acquisition Regulation; Lead System Integrators, HSAR Case
2009-003, Interim rule, 75 Fed. Reg. 41097, July 15, 2010.
SUMMARY: The Department of Homeland Security (DHS) is issuing
an interim rule amending the Homeland Security Acquisition Regulation
(HSAR) to implement section 6405 of the U.S. Troop Readiness, Veterans
Care, Katrina Recovery, and Iraq Accountability Appropriations Act,
2007. This section of the Act and these implementing regulations
restrict contractors from acting as lead system integrators in the
acquisition of DHS major systems if they have direct financial interests
in the development or construction of any individual system or element
of any system of systems they integrate subject to stated exceptions.
Dates: Effective Date: This rule is effective July 15,
2010.
Comments Due Date: Comments must reach the Department of
Homeland Security, Office of the Chief Procurement Officer, Acquisition
Policy and Legislation, on or before August 16, 2010.
DOE,
Contract Appeals and the Acquisition Regulation: Subchapters AGeneral,
B Acquisition Planning, and C Contracting Methods and Contract
Types, Notice of proposed rulemaking, 75 Fed. Reg. 38042, July 01,
2010.
SUMMARY: The Department of Energy (DOE) is
proposing to remove its Contract Appeals regulation, which implements
DOE’s contract appeals procedures and amend the Department of Energy
Acquisition Regulation (DEAR) Subchapters A-General, B- Acquisition
Planning, and C- Contracting Methods and Contract Types, to make changes
to conform to the FAR, remove out-of-date coverage, and update
references. Todays proposed rule does not alter substantive rights or
obligations under current law.
Dates: Written comments
on the proposed rulemaking must be received on or before close of
business August 2, 2010.
Department
of Energy, Acquisition Regulation: Socioeconomic Programs, Notice of
proposed rulemaking, 75 Fed. Reg. 33752, June 15, 2010,
SUMMARY: The Department of Energy (DOE) is proposing to amend
the Department of Energy Acquisition Regulation (DEAR) Socioeconomic
Programs to make changes to conform to the FAR, remove out-of-date
coverage, and to update references. Todays proposed rule does not alter
substantive rights or obligations under current law.
Dates: Written comments on the proposed rulemaking must
be received on or before close of business July 15, 2010.
GSAR Case
2008-G503, Rewrite of GSAR Part 505, Publicizing Contract Actions, Final
rule, 75 Fed. Reg. 32860, June 10, 2010.
SUMMARY: The
General Services Administration (GSA) is issuing a final rule amending
GSA Acquisition Regulation (GSAR) which provides requirements for
publicizing contract actions.
Dates: Effective Date: June 10, 2010
Revision of
Department of Homeland Security Acquisition Regulation; Restrictions on
Foreign Acquisition, HSAR Case 2009-005Limitations on Subcontracting in
Emergency Acquisitions, Proposed rule, 75 Fed. Reg. 32723, June 09,
2010.
SUMMARY: The Department of Homeland Security (DHS)
is proposing to amend its Homeland Security Acquisition Regulation
(HSAR) to implement a statutory requirement limiting the use of
subcontractors on cost-reimbursement type contracts entered into by the
Department to facilitate the response to or recovery from a natural
disaster or act of terrorism or other man-made disaster.
Dates: Comments and related material submitted
electronically must be submitted to the Federal eRulemaking Portal
http://www.regulations.gov. on or before August 9, 2010. Comments and
related material submitted by mail must reach the Department of Homeland
Security, Office of the Chief Procurement Officer, Acquisition Policy
and Legislation Branch at the address shown below on or before August 9,
2010 to be considered in the formation of the final rule
Revision
of Department of Homeland Security Acquisition Regulation; HSAR Case
2009-004 Restrictions on Foreign Acquisition, Affirmation of interim
rule as final rule, 75 Fed. Reg. 32676, June 09, 2010.
SUMMARY: The Department of Homeland Security is adopting the
amendments to its Homeland Security Acquisition Regulation that were
issued under an interim rule on August 17, 2009, as final, without
change, to implement a statute limiting the acquisition of products
containing textiles from sources outside the United States.
Dates: Effective Date: June 9, 2010
Department
of Energy-Acquisition Regulation-Supplementary Regulations, Notice of
proposed rulemaking, 75 Fed. Reg. 32719, June 09, 2010.
SUMMARY: The Department of Energy (DOE) is proposing to amend
the Department of Energy Acquisition Regulation (DEAR) on DOE Management
and Operating Contracts to make changes to conform to the Federal
Acquisition Regulation (FAR), remove out-of-date coverage, and update
references. Today’s proposed rule does not alter substantive rights or
obligations under current law.
Dates: Written comments
on the proposed rulemaking must be received on or before close of
business July 9, 2010.
Department
of Energy, E-General Contracting Requirements, Subchapter F-Special
Categories of Contracting, and Subchapter G- Contract Management. Final
rule, 75 Fed. Reg. 29456, May 26, 2010.
SUMMARY: The
Department of Energy (DOE) is amending the Department of Energy
Acquisition Regulation (DEAR) Subchapters E-General Contracting
Requirements, F-Special Categories of Contracting, and G-Contract
Management to make changes to conform to the FAR, remove out-of-date
coverage, and to update references. Today’s rule does not alter
substantive rights or obligations under current law.
Dates: Effective Date: June 25, 2010
Department of Energy, Acquisition Regulation: Access to and Ownership
of Records, Notice of proposed rulemaking, 75 Fed. Reg. 28772, May 24,
2010.
SUMMARY: The Department of Energy (DOE) is
proposing to amend the Department of Energy Acquisition Regulation
(DEAR) to revise the applicability and the policies and procedures
involving the access to and ownership of records. Much work at DOE
facilities is performed by contractor and subcontractor personnel and
involves hazardous materials or the possibility of exposure to
radioactive materials. It is necessary for the contractors and
subcontractors to maintain extensive records for the Government
involving these workers and processes, in particular, personnel;
facility; occupational safety and health; environment; and medical
records. DOE is proposing to amend these clauses for consistent
inclusion in all applicable contracts, not just management and operating
(M&O) contracts, based on the type of work being performed, to ensure
preservation and Government ownership of records. Additionally, the
proposed revisions address inconsistencies relating to DOE contractor
and subcontractor efforts in managing records in accordance with DOE
retention requirements. The proposed revisions are being made to
establish consistent records maintenance, retention, and disposal; and
to ensure certain records generated on groups of individuals in the
performance of the contract are maintained as DOE Privacy Act Systems of
Records.
Dates: Written comments on the proposed
rulemaking must be received on or before close of business June 23, 2010.
Labor-
Notification of Employee Rights Under Federal Labor Laws, Final
rule, 75 Fed. Reg. 28368, May 20, 2010.
SUMMARY: On
August 3, 2009, the Office of Labor-Management Standards
(“OLMS”) in the Department of Labor (“the
Department”) issued a proposed rule implementing Executive Order
13496. This final rule sets forth the Departments review of and
response to comments on the proposal and any changes made to the rule in
response to those comments. President Barack Obama signed Executive
Order 13496 (“Executive Order” or “E.O. 13496”)
on January 30, 2009. The Executive Order requires nonexempt Federal
departments and agencies to include within their Government contracts
specific provisions requiring contractors and subcontractors with whom
they do business to post notices informing their employees of their
rights as employees under Federal labor laws. The Executive Order
requires the Secretary of Labor (“Secretary”) to prescribe
the size, form, and content of the notice that must be posted by a
contractor under paragraph 1 of the contract clause described in section
2 of the Order. Under the Executive Order, unless a specified exception
or exemption applies, Federal Government contracting departments and
agencies must include the required contract provisions in every
Government contract. As required by the Executive Order, this final rule
establishes the content of the notice required by the Executive Orders
contract clause, and implements other provisions of the Executive Order,
including provisions regarding sanctions, penalties, and remedies that
may be imposed if the contractor or subcontractor fails to comply with
its obligations under the Order and the implementing regulations.
Dates: Effective Date: This rule will be effective on June
21, 2010.
OFPP-Cost
Accounting Standards: Harmonization of Cost Accounting Standards 412 and
413 With the Pension Protection Act of 2006, Proposed rule, 75 Fed.
Reg. 25982, May 10, 2010.
SUMMARY: The Office of Federal
Procurement Policy (OFPP), Cost Accounting Standards Board (Board),
invites public comments concerning the harmonization of Cost Accounting
Standards 412 and 413 with the Pension Protection Act (PPA) of 2006. The
PPA amended the minimum funding requirements for defined benefit pension
plans. The PPA required the Board to harmonize with PPA the CAS
applicable to the Government reimbursement of the contractor
’s pension
costs. The Board has proposed several changes to harmonize CAS with PPA,
including the recognition of a “minimum actuarial liability”
consistent with the PPA minimum required contribution. The proposed CAS
changes will lessen the difference between the amount of pension cost
reimbursable to the contractor in accordance with CAS and the amount of
pension contribution required to be made by the contractor as the plan
sponsor by PPA.
Dates: Comments must be in writing and
must be received by the July 9, 2010.
U. S.
Election Assistance Commission, Nonprocurement Debarment and Suspension,
Proposed rule, 75 Fed. Reg. 24494, May 05, 2010.
SUMMARY: The Election Assistance Commission (EAC) invites the
general public and other Federal agencies to take this opportunity to
comment on proposed debarment and suspension regulations. These proposed
regulations will apply to nonprocurement grants, cooperative agreements
and other similar transactions. Under this system, a person who is
debarred or suspended is excluded from federal financial and
nonfinancial assistance and benefits under federal programs and
activities. The proposed regulations adopt the format established by the
Office of Management and Budget (OMB) in a document on nonprocurement
debarment and suspension published in the Federal Register on August 31,
2005. In today’s notice EAC proposes establishing a new 2 CFR chapter 58
Part 5800 that adopts OMB’s final government-wide guidance on
nonprocurement debarment and suspension and contains supplemental EAC
nonprocurement debarment and suspension provisions.
Dates: You must submit comments on or before 5 p.m. Eastern
Standard Time on June 4, 2010.
Health and
Human Services, Acquisition Regulation, Corrections, 75 Fed. Reg.
21508, April 26, 2010.
SUMMARY: This action corrects
minor errors, inconsistencies and omissions in the final rule, which
revised the Health and Human Services Acquisition Regulation (HHSAR) to
implement statutes and government-wide mandates enacted or issued since
December 2006.
Dates: These corrections are effective on
April 26, 2010.
Interior-
Acquisition Regulation Rewrite, Interim final rule, 75 Fed. Reg.
19828, April15, 2010.
SUMMARY: The Department of the
Interior (DOI) is taking interim final action on administrative changes
to the Department of the Interior Acquisition Regulation (DIAR). This
action revises the DIAR, 48 CFR Chapter 14, but does not impose any new
requirements on DOI contractors. The revisions in this interim final
rule will make minor corrections to and streamline DOI acquisition
processes to be consistent with and non-duplicative of the Federal
Acquisition Regulation (FAR). Some DIAR coverage is being revised and
obsolete material is being removed. FAR clauses are now available that
provide coverage for the DIAR clauses that are removed by this rule.
Dates: This rule is effective on May 17, 2010. Submit
comments by June 14, 2010.
OMB-
Requirements for Implementing Sections 1512, 1605, and 1606 of the
American Recovery and Reinvestment Act of 2009 for Financial Assistance
Awards, Amendments of interim final guidance, 75 Fed. Reg. 14323,
March 25, 2010.
SUMMARY: The Office of Federal Financial
Management (OFFM) is amending certain sections of the interim final
guidance at 2 CFR part 176 that pertain to international agreements.
These amendments reflect changes with respect to U.S. international
obligations since the publication of the interim final guidance. Public
comments received in response to the initial publication of the interim
final guidance will be addressed when the guidance is finalized.
Dates: The effective date of the amendments to 2 CFR part
176 (the interim final guidance) is March 25, 2010.
Defense
Federal Acquisition Regulation Supplement; Appendix A, Armed Services
Board of Contract Appeals, Part 1-Charter, 75 Fed. Reg. 14095, March
24, 2010.
SUMMARY: DoD is issuing the updated Charter of
the Armed Services Board of Contract Appeals (ASBCA), dated May 14,
2007. The ASBCA is chartered to serve as the authorized representative
of the Secretary of Defense and the Secretaries of the Army, Navy, and
Air Force in hearing, considering, and determining appeals by
contractors from decisions of contracting officers or their authorized
representatives or other authorities regarding claims on contracts under
the Contract Disputes Act of 1978 or other remedy-granting provisions.
Dates: Effective Date: March 24, 2010.
DOJ-Redelegation of Authority of Assistant Attorney
General, Civil Division, to Branch Directors, Heads of Offices and
United States Attorneys in Civil Division Cases, Final rule, 75 Fed.
Reg. 14070, March 24, 2010.
SUMMARY: This final rule
amends Civil Directive 1495, published in the Appendix to Subpart Y of
Part 0, which sets forth the redelegation of authority by the Assistant
Attorney General of the Civil Division to branch directors, heads of
offices, and United States Attorneys. On May 20, 2009, the President
signed the Fraud Enforcement and Recovery Act (FERA), which authorized
the Attorney General to delegate his authority to issue civil
investigative demands (CIDs). As a result, the Attorney General signed
Order No. 31342010 (Jan. 15, 2010) delegating to the Assistant Attorney
General for the Civil Division the Attorney General’s authority to
issue CIDs, and permitting that authority to be redelegated to other
Department officials, including United States Attorneys. Pursuant to
FERA and the Attorney General’s order, the new rule would
redelegate the authority of the Assistant Attorney General for the Civil
Division to issue CIDs in monitored and delegated cases to United States
Attorneys, with a notice and reporting requirement. The new rule also
eliminates certain differences between the authorities of branch
directors and United States Attorneys to file, close, or compromise
Civil Division cases, revise the documentation requirements in cases
delegated to the latter, and make a few “housekeeping”
revisions.
Dates: Effective Date: This rule is effective March 24,
2010 and is applicable beginning March 8, 2010.
Department
of Labor-Nondisplacement of Qualified Workers Under Service Contracts,
Notice of proposed rulemaking, request for comments, 75 Fed. Reg.
13382, March 19, 2010.
SUMMARY: This document proposes
regulations to implement Executive Order 13495, Nondisplacement of
Qualified Workers Under Service Contracts, signed by President Obama on
January 30, 2009. The Executive Order establishes a general policy of
the Federal Government that service contracts and solicitations for such
contracts shall include a clause that requires the contractor, and its
subcontractors, under a contract that succeeds a contract for
performance of the same or similar services at the same location, to
offer those employees employed under the predecessor contract whose
employment will be terminated as a result of the award of the successor
contract, a right of first refusal of employment under the contract in
positions for which they are qualified. The Executive Order also directs
the Department of Labor (DOL), in consultation with the Federal
Acquisition Regulatory Council (FARC), to issue regulations, within 180
days of the date of the Order to the extent permitted by law, to
implement the requirements of this Order. The Regulatory Information
Number (RIN) identified for this rulemaking will change with publication
of the Spring Regulatory Agenda due to an organizational restructuring.
The old RIN was assigned to the Employment Standards Administration,
which no longer exists; a new RIN has been assigned to the Wage and Hour
Division.
Dates: Comments must be submitted on
or before May 18, 2010.
Commerce Acquistion Regulation, Final rule, 75 Fed.
Reg. 10568, March 08, 2010.
SUMMARY: We, the Department
of Commerce, issue a final rule to bring the Commerce Acquisition
Regulation in alignment with the Federal Acquisition Regulation (FAR)
and to streamline DOCs internal policy and guidance. This final rule
updates the entire CAR through FAC 2005-21.
Dates: This rule is effective April 7,
2010.
SBA-Women-Owned Small Business Federal Contract Program,
Notice of proposed rulemaking, 75 Fed. Reg. 10030, March 04, 2010.
SUMMARY: The U.S. Small Business Administration (SBA)
proposes to amend its regulations governing small business contracting
procedures. This Proposed Rule would amend part 127, that was
promulgated in a Final Rule on October 1, 2008, and entitled “The
Women-Owned Small Business Federal Contract Assistance
Procedures,” RIN 3245-AF40. This Proposed Rule would implement
procedures authorized by the Small Business Act (Act) (Pub. L. 85536,
as amended) to help ensure a level playing field on which Women- Owned
Small Businesses (WOSBs) can compete for Federal contracting
opportunities. SBA proposes changes to part 127 that include eliminating
the requirement for an agency-by-agency determination of discrimination,
adopting both “numbers” and “dollars” measures
of underrepresentation, and using the Fiscal Year 2006 Central
Contractor Registration (CCR) database as the data source for
determining eligible industries under the WOSB Program. This Proposed
Rule thus identifies the eligible industries under the Program as those
industries in which WOSBs are underrepresented or substantially
underrepresented using either the numbers or the dollars approach. This
Proposed Rule seeks to retain, for the most part, parts 121 and 134 of
the Final Rule published on October 1, 2008, titled “The Women-
Owned Small Business Federal Contract Assistance Procedures,” RIN
3245 AF40; these portions of the rule govern various implementation
procedures of the Program, as more fully discussed below.
In addition, SBA is withdrawing its proposed
rule entitled “The Women- Owned Small Business Federal Contract
Assistance Procedures,” which was published on October 1, 2008, in
the Federal Register together with a request for comments on two data
sets used to determine the eligible industries under the WOSB Program.
Dates: Date of Withdrawal: The proposed rule published on
October 1, 2008, in the Federal Register at 73 FR 57014 is withdrawn as
of March 4, 2010.
Comment Date: Submit comments on or
before May 3, 2010.
Small Business, Small Disadvantaged Business, HUBZone,
and Service- Disabled Veteran-Owned Protest and Appeal Regulations,
Proposed rule, 75 Fed. Reg. 9129, March 01, 2010.,
SUMMARY: The U.S. Small Business Administration (SBA or
Agency) proposes to amend its regulations to clarify the effect, across
all small business programs, of initial and appeal eligibility decisions
on the procurement in question; increase the amount of time that SBA has
to render formal size determinations; require that SBAs Office of
Hearings and Appeals (OHA) issue a size appeal decision within 60
calendar days of the close of the record, if possible; increase the
amount of time that SBA has to file North American Industry
Classification System (NAICS) code appeals; alter the NAICS code appeal
procedures to comply with a Federal Court decision; clarify that
contracting officers must reflect final agency eligibility decisions in
federal procurement databases and goaling statistics; clarify how a
contracting officer assigns a NAICS code and size standard to a multiple
award procurement; and make other changes to size status protest and
appeal rules.
Dates: Comments must be received on or
before March 31, 2010.
Department of Agriculture-Designation of Biobased Items for Federal Procurement, Notice of Proposed Rulemaking, 75 Fed. Reg. 6796, February 10, 2010.
SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add nine sections that will designate the following items within which biobased products would be afforded Federal procurement preference: Disposable tableware; expanded polystyrene foam recycling products; heat transfer fluids; ink removers and cleaners; mulch and compost materials; multipurpose lubricants; office paper; topical pain relief products; and turbine drip oils. USDA is also proposing minimum biobased contents for each of these items.
Dates: USDA will accept public comments on this proposed rule until April 12, 2010.
Rewrite of Part 512, Acquisition of Commercial Items, Final rule, 75 Fed. Reg. 5241, February 02, 2010.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to update the text addressing the acquisition of commercial items. This rule is a result of the GSAM Rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the Federal Acquisition Regulation, and to implement streamlined and innovative acquisition procedures that contractors, offerors, and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the GSAR as well as internal agency acquisition policy.
Dates: Effective Date: March 4, 2010
Postal Service, Purchasing of Property and Services, Final rule, 75 Fed. Reg. 1541, January 12, 2010.
SUMMARY: The Postal Service is revising its regulations governing the supplier disagreement resolution (SDR) process to clarify and explain the purposes of that process, and to remove extraneous and duplicative language.
Dates: Effective Date: January 12, 2010.
Department of Energy Acquisition Regulation: Subchapter E-General Contracting Requirements, Subchapter F-Special Categories of Contracting, and Subchapter G-Contract Management, Notice of proposed rulemaking, 75 Fed. Reg. 964, January 07, 2009.
SUMMARY: The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) Subchapters E General Contracting Requirements, F Special Categories of Contracting, and GContract Management to make changes to conform to the FAR, remove out-of-date coverage, and to update references. DOE will separately propose rules for changes to parts 927 and 945, respectively. Today’s proposed rule does not alter substantive rights or obligations under current law.
Dates: Written comments on the proposed rulemaking must be received on or before close of business February 8, 2010.
GSAR Case 2007-G507, Describing Agency Needs, Final rule, 74 Fed. Reg. 66251, Dece,ber 15, 2009.
SUMMARY: The General Services Administration (GSA) is amending the GSA Acquisition Regulation (GSAR) to revise language that provide requirements for describing agency needs.
Dates: Effective Date: January 14, 2010.
8(a) Business Development/Small Disadvantaged Business
Status Determinations, Proposed rule; notice of extension of comment
period, 74 Fed. Reg. 65040, December 09, 2009.
SUMMARY: On October 28, 2009, the U.S. Small Business
Administration (SBA or Agency) proposed changes to its 8(a) Business
Development (8(a) BD) and Small Disadvantaged Business (SDB) programs as
well as its size regulations. The rule proposes to make a number of
changes to the regulations governing the 8(a) BD and SDB programs, and
several changes to SBAs size regulations. Some of the changes involve
technical issues. Other changes are more substantive and result from
SBAs experience in implementing the current regulations. SBA requested
comments on the various approaches for the proposed changes in the
proposed rulemaking. The proposed rule provided a 60-day comment period
closing on December 28, 2009.
SBA is extending the comment period
an additional 30 days to January 28, 2010. We are extending the comment
period because SBA believes that affected businesses need more time to
adequately respond.
Dates: The comment period for the
proposed rule published on October 28, 2009 (74 FR 55694), is extended
until January 28, 2010.
GSAR Case 2006-G508; Rewrite of Part 570, Acquiring
Leasehold Interests in Real Property, Proposed rule, 74 Fed. Reg.
63704, December 04, 2009.
SUMMARY: The General Services
Administration (GSA) is proposing to amend the GSA Acquisition
Regulation (GSAR) to revise sections of GSAR part 570 that provide
requirements for acquiring leasehold interests in real property.
Dates: Interested parties should submit written comments to
the Regulatory Secretariat on or before February 2, 2010 to be
considered in the formulation of a final rule.
Health and Human Services Acquisition Regulation, Issuance of direct final rule and opportunity for comment, 74 Fed. Reg. 62396, November 27, 2009.
SUMMARY: The Department of Health and Human Services (HHS) is revising its Federal Acquisition Regulation (FAR) Supplementthe HHS Acquisition Regulation (HHSAR) in its entirety to reflect statutory, FAR, and government- wide and HHS policy changes since the last revision to the HHSAR in December 2006.
Dates: Comments are due on or before December 28, 2009. If HHS does not receive adverse comments, this direct final rule will be effective on January 26, 2010.
HUBZone and Government Contracting, Final rule, 74 Fed. Reg. 56699, November 03, 2009.
SUMMARY: This rule amends the U.S. Small Business Administrations (SBAs or Agencys) Historically Underutilized Business Zone (HUBZone) programs definition of the term “employee.”
Dates: : This rule is effective May 3, 2010.
Small Business Size Regulations; 8(a) Business Development/Small Disadvantaged Business Status Determinations, Proposed rule, 74 Fed. Reg. 55694, October 28, 2009.
SUMMARY: This rule proposes to make changes to the regulations governing the 8(a) Business Development (8(a) BD) and Small Disadvantaged Business (SDB) programs, and to the U.S. Small Business Administration’s (SBA or Agency) size regulations. Some of the changes involve technical issues such as changing the term “SIC code” to “NAICS code’” to reflect the national conversion to the North American Industry Classification System. Other changes are more substantive and result from SBA’s experience in implementing the current regulations. For example, SBA has learned through experience that certain of its rules governing the 8(a) BD program are too restrictive and serve to unfairly preclude firms from being admitted to the program. In other cases, SBA has determined that a rule is too expansive or indefinite and has sought to restrict or clarify that rule. In one case wording changes are being proposed to correct past public or agency misinterpretation. Also, new situations have arisen that were not anticipated when the current rules were drafted and the proposed rule seeks to cover those situations. Finally, one of the changes, involving Native Hawaiian Organizations (NHO’s), implements a statutory change.
Dates: Comments must be received on or before December 28, 2009.
Department of Agriculture, Designation of Biobased Items for Federal Procurement, Final rule, 74 Fed. Reg. 55089,
SUMMARY: The U.S. Department of Agriculture (USDA) is amending its Guidelines for Designating Biobased Products for Federal Procurement, to add nine sections to designate items within which biobased products will be afforded Federal procurement preference, as provided for under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008 (FCEA) (referred to in this document as “section 9002”). USDA also is establishing a minimum biobased content for each of these items.
Dates: This rule is effective November 27, 2009.
GSAR Case 2006-G515; Rewrite of GSAR Part 532, Contract Financing, Final rule, 74 Fed. Reg. 54915, October 26, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to update Part 532, Contract Financing, of the regulation. This project is part of the GSAM rewrite Project, in which all parts of the regulation are being reviewed and updated to include new statutes, legislation, and policies.
Dates: Effective Date: November 25, 2009.
Commerce Acquisition Regulation (CAR): Plain Language Rewrite; Proposed Rule, 74 Fed. Reg. 52542, October 13, 2009.
SUMMARY: The Commerce Acquisition Regulation (CAR) was originally codified March 30, 1984, and amended by subsequent regulations published in the Federal Register. The Department of Commerce (DOC) proposes to update the entire CAR through FAC-2005-21. This proposed rule will bring the CAR in alignment with the FAR through FAC 2005-21 and streamline DOC internal policy and guidance.
Dates: Comments on the proposed rule should be submitted on or before December 14, 2009 to be considered in the formulation of the final rule.
Rewrite of GSAR Part 503; Improper Personal Conflicts of Interest, Final rule, 74 Fed. Reg. 51510, October 07, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) by revising the regulations pertaining to Improper Business Practices and Personal Conflicts of Interest. This rule is a product of the GSAM Rewrite Initiative undertaken by GSA to revise the regulation to maintain consistency with the FAR and implement streamlined and innovative acquisition procedures for contractors, offerors, and GSA contracting personnel. The GSAM incorporates the General Services Administration Acquisition Regulation (GSAR) as well as internal agency acquisition policy.
Dates: Effective Date: October 7, 2009.
GSAR Case 2008G505; Rewrite of GSAR Part 514, Sealed Bidding, Final rule, 74 Fed. Reg. 47737, September 17, 2009.
SUMMARY: The General Services Administration (GSA) is amending the
GSA Acquisition Regulation (GSAR) by revising the sections of GSAR Part 514 that provide requirements for sealed bidding. This rule is a result of the GSA Manual (GSAM) Rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the Federal Acquisition Regulation (FAR), and to implement streamlined and innovative acquisition procedures that contractors, bidders, and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the GSAR as well as internal agency acquisition policy.
Dates: October 19, 2009.
SBA-
Inflationary Adjustments to Acquisition-Related Dollar Thresholds,
Interim rule, 74 Fed. Reg. 46885, September 14, 2009.
SUMMARY: The U.S. Small Business Administration (SBA) is
amending its regulations to implement the statutorily required
inflationary adjustment of the Agency’s acquisition-related dollar
thresholds and to make SBA’s regulations consistent with the
inflationary adjustments that are already codified in the Federal
Acquisition Regulation (FAR).
Dates: Effective Date:
This rule is effective on September 14, 2009.
Comment
Date: Comments must be received on or before October 14, 2009.
Small Business Size Regulations; Rules of Procedure Governing Cases Before the Office of Hearings and Appeals; Correction, 74 Fed. Reg. 46312, September 09, 2009.
SUMMARY: The U.S. Small Business Administration (SBA) is correcting several of its Small Business Size Regulations, published in the Federal Register on May 21, 2004. SBA is correcting a reference to an incorrect North American Industry Classification System (NAICS) code, and updating two Internet Web addresses that appear in part 121 of the Code of Federal Regulations (CFR), chapter 13.
Dates: Effective September 9, 2009.
Department of Homeland Security, Restrictions on Foreign
Acquisition (HSAR Case 2009-004), Interim rule, 74 Fed. Reg. 41346,
August 17, 2009.
SUMMARY: The Department of Homeland
Security (DHS) is amending its Homeland Security Acquisition Regulation
(HSAR) parts 3025 and 3052 to reflect a statutory change limiting the
acquisition of products containing textiles from sources outside the
United States.
Dates: Effective Date: August 17, 2009.
Comment
Date: Comments and related material submitted electronically must
be submitted to the Federal eRulemaking Portal http://
www.regulations.gov on or before September 16, 2009. Comments and
related material submitted by mail must reach the Department of Homeland
Security, Office of the Chief Procurement Officer, Acquisition Policy
and Legislation Branch at the address shown below on or before September
16, 2009, to be considered in the formation of the final rule.
GSAR Case 2006-G501, Mentor-Protégé
Program, Final rule, 74 Fed. Reg. 41060, August 14, 2009.
SUMMARY: The General Services Administration (GSA) is
amending the General Services Administration Acquisition Regulation
(GSAR) to amend its acquisition regulations to formally encourage GSA
prime contractors to assist small business, including veteran-owned
small business, service-disabled veteranowned small business, HUBZone,
small disadvantaged business, and womenowned small business, in
enhancing their capabilities to perform contracts and subcontracts for
GSA and other Federal agencies. The program seeks to increase the base
of small business eligible to perform GSA contracts and subcontracts.
The program also seeks to foster long-term business relationships
between GSA prime contractors and small business entities and to
increase the overall number of small business entities that receive GSA
contracts, and subcontract awards.
Dates: Effective
Date: September 14, 2009.
Applicability Date: The final
rule applies to solicitations and existing contracts for supplies or
services, including Federal Supply Schedules and construction. Existing
contracts shall be modified at no cost to the Government by mutual
agreement of both parties
GSAR Case 2008-0501, Rewrite of Part 502, Definitions of
Words and Terms, Final rule, 74 Fed. Reg. 39563, August 07, 2009.
SUMMARY: The General Services Administration (GSA) is
amending the General Services Administration Acquisition Regulation
(GSAR) to revise sections of GSAR Part 502 that provide definitions for
general words and terms. This section will only contain definitions for
terms that are used in more than one place in the GSAR.
Dates: Effective Date: August 7, 2009.
DOL-Notification of Employee Rights Under Federal Labor
Laws, Notice of proposed rulemaking, 74 Fed. Reg. 38488, August 03,
2009.
SUMMARY: This Notice of Proposed Rulemaking (NPRM)
proposes a regulation to implement Executive Order 13496, which was
signed by President Barack Obama on January 30, 2009. Executive Order
13496 (“the Executive Order,” “the Order,” or
“EO 13496”) requires nonexempt Federal departments and
agencies to include within their Government contracts specific
provisions requiring that contractors and subcontractors with whom they
do business post notices informing their employees of their rights as
employees under Federal labor laws. The Executive Order requires the
Secretary (“Secretary”) of the Department of Labor
(“Department”) to initiate a rulemaking to prescribe the
size, form, and content of the notice that must be posted by a
contractor under paragraph 1 of the contract clause described in section
2 of the Order. Under the Executive Order, Federal Government
contracting departments and agencies must include the required contract
provisions in every Government contract, except for collective
bargaining agreements and contracts for purchases under the Simplified
Acquisition Threshold, and except in those cases in which the Secretary
exempts a contracting department or agency with respect to particular
contracts or subcontracts or class of contracts or subcontracts pursuant
to section 4 of the Order. As required by the Executive Order, this
proposed rule establishes the content of the notice required by the
Executive Orders contract clause, and implements other provisions of
the Executive Order, including provisions regarding sanctions,
penalties, and remedies that may be imposed if the contractor or
subcontractor fails to comply with its obligations under the Order and
the implementing regulations.
Dates: Comments regarding this proposed rule must be
received by the Department of Labor on or before September 2, 2009.
EPA-Acquisition Regulation, Guidance on Technical
Direction, Final Rule, 74 Fed. Reg. 37173, Julym28, 2009.
SUMMARY: EPA is amending the EPA Acquisition Regulation
(EPAAR) to revise the prescription for and the content of a clause that
addresses issuing technical direction in contracts. This revision
incorporates and supersedes several class deviations to the EPAAR and
updates terminology and procedures related to issuing technical
direction.
Dates: This final rule is effective August
12, 2009.
Health and Human Services, Acquisition Regulations in
Fiscal Year 2009, Notice, 74 Fed. Reg. 36487, July 23, 2009.
SUMMARY: The Department of Health and Human Services (HHS) is
interested in encouraging HHS prime contractors to assist small
businesses, small disadvantaged businesses, HUBZone businesses,
veteran-owned businesses, service-disabled veteran-owned businesses, and
woman-owned businesses, in enhancing their capabilities to perform
contracts and subcontracts for HHS and other Federal agencies. The
program seeks to provide a Mentor-Protégé Program that
assists qualified small businesses to receive development assistance
from HHS prime contractors in order to increase the base of small
business eligible to perform HHS contracts and subcontracts.
Dates: The Department of Health and Human Services (HHS)
is proposing to amend its acquisition regulations in Fiscal Year 2009.
Due dates for written comments on the proposed rulemaking will be
published at that time. The intent of this notice is to publicize the
HHS proposed mentor-prote´ge´ program, specific solicitation and
contract guidance will be included in the proposed rulemaking.
To be assured consideration, comments must be
received at one of the addresses provided below, no later than 5 p.m. on
August 24, 2009.
Department of Defense, Private Security Contractors
(PSCs) Operating in Contingency Operations, Interim final rule, 74
Fed. Reg. 34690, July 17, 2009.
SUMMARY: This part
establishes policy, assigns responsibilities and provides procedures for
the regulation of the selection, accountability, training, equipping,
and conduct of personnel performing private security functions under a
covered contract during contingency operations. It also assigns
responsibilities and establishes procedures for incident reporting, use
of and accountability for equipment, rules for the use of force, and a
process for administrative action or the removal, as appropriate, of
PSCs and PSC personnel. For the Department of Defense, this IFR
supplements DoD Instruction 3020.41, “Contractor Personnel Authorized
to Accompany the U.S. Armed Forces,” which provides guidance for all
DoD contractors operating in contingency operations.
This part is of
critical importance. It is being published as an Interim Final Rule
because there is insufficient policy and guidance regulating the actions
of DoD and other governmental PSCs and their movements in the
operational area. It will procedurally close existing gaps in the
oversight of Private Security Contractors (PSCs), ensure compliance with
laws and regulations pertaining to Inherently Governmental functions,
and ensure proper performance by armed contractors. The expansion of
troops in Afghanistan will result in a corresponding increase in the
number of PSCs performing in that Area of Operations. This part is
required to ensure implementation of necessary guidance for all U.S.G.
PSCs across the CENTCOM area of responsibility. Further, the publication
of this IFR is required to meet the mandate of Section 862 of the 2008
National Defense Authorization Act. The Congress has expressed
continuing concern that regulations for the oversight of PSCs are not
yet in place.
Dates: This rule is effective July 17, 2009. Comments
must be received by August 31, 2009.
GSAR Case 2008G514; Rewrite of Part 546, Quality
Assurance, Final rule, 74 Fed. Reg. 26107, June 01, 2009.
SUMMARY: The General Services Administration (GSA) is
amending the General Services Administration Acquisition Regulation
(GSAR) by revising sections of GSAR Part 546 and 552 that provides
requirements for quality assurance.
Dates: Effective Date: June 1, 2009.
NASA Mentor-Protégé Program, Final rule, 74 Fed. Reg. 25671, May 29, 2009.
SUMMARY: This final rule amends the
NASA FAR Supplement (NFS) to
update the procedures for NASA’s
Mentor-Protégé program. The changes
will streamline the program; align the
mentoring to technical skills; expand
the program to Veteran-owned,
HUBZone, and NASA Small Business
Innovation Research (SBIR) Phase II
small businesses; and include award fee
incentives.
Dates: Effective date: May 29, 2009.
Applicability date: NASAs revised
procedures for the Mentor-Protégé
program will be effective for new
applications that are submitted on or
after May 29, 2009.
GSAR Case 2006-G518; Rewrite of GSAR Part 547,
Transportation, Final rule, 74 Fed. Reg. 25671, May 29, 2009.
SUMMARY: The General Services Administration (GSA) is
amending the General Services Administration Acquisition Regulation
(GSAR) by deleting and reserving Part 547, Transportation.
Dates: Effective Date: June 29, 2009
GSAR Case 2007G502, Rewrite of GSAM Part 513,
Simplified Acquisition Procedures, Final rule, 74 Fed. Reg. 25448,
May 28 2009.
SUMMARY: The General Services Administration
(GSA) is amending the General Services Administration Acquisition
Regulation (GSAR) by revising and updating the agency’s
implementation of Federal Acquisition Regulation (FAR) Part 13,
Simplified Acquisition Procedures.
Dates: Effective
Date: May 28, 2009.
GSAR Case 2008G511; Rewrite of Part 541, Acquisition of
Utility Services, Proposed rule, 74 Fed. Reg. 23374, May 19, 2009.
SUMMARY: The General Services Administration (GSA) is
proposing to amend the General Services Administration Acquisition
Regulation (GSAR) to revise the section of GSAR Part 541 that provides
requirements for the acquisition of utility services.
Dates: Interested parties should submit written comments
to the Regulatory Secretariat on or before July 20, 2009 to be
considered in the formulation of a final rule.
GSAR Case 2008G515; Rewrite of GSAR Part 549,
Termination of Contracts, Final rule, 74 Fed. Reg. 21272, May 07,
2009.
SUMMARY: The General Services Administration (GSA)
is amending the General Services Administration Acquisition Regulation
(GSAR) to revise the language that provides requirements for termination
of contracts.
Dates: Effective Date: June 8, 2009.
GSAR Case 2006G520; Rewrite of Part 525, Foreign
Acquisition, Final rule, 74 Fed. Reg. 20894, May 06, 2009.
SUMMARY: The General Services Administration (GSA) is
amending the General Services Administration Acquisition Regulation
(GSAR) to revise and update the agencys implementation of Federal
Acquisition Regulation (FAR) Part 25.
Dates: Effective
Date: July 6, 2009.
Rules of Practice Before the Postal Service Board of
Contract Appeals, Final rule, 74 Fed. Reg. 20590, May 05, 2009.
SUMMARY: This document contains the final revisions to the
rules of procedure before the Postal Service Board of Contract Appeals
(Board), which will govern all proceedings before the Board. These rules
of procedure completely replace and supersede the prior rules.
Dates: Effective Date: June 1, 2009.
GSA-GSAR Case 2008G510; Rewrite of GSAR Part 537,
Service Contracting, Final rule, 74 Fed. Reg. 20605, May 05,
2009.
SUMMARY: The General Services Administration (GSA)
is amending the General Services Administration Acquisition Regulation
(GSAR) by revising the text addressing service contracting. This rule is
a result of the General Services Administration Acquisition Manual
(GSAM) rewrite initiative undertaken by GSA to revise the GSAM to
maintain consistency with the Federal Acquisition Regulation (FAR), and
to implement streamlined and innovative acquisition procedures that
contractors, offerors, and GSA contracting personnel can utilize when
entering into and administering contractual relationships. The GSAM
incorporates the GSAR as well as internal agency acquisition policy.
Dates: Effective Date: June 4, 2009.
OFPP Exemption From Cost
Accounting Standards for Contracts Executed and Performed Entirely
Outside the United States, Its Territories, and Possessions, Notice of request for information, 74 Fed. Reg. 18491, April
23, 2009.
SUMMARY: The Office of Federal Procurement Policy
(OFPP), Cost Accounting Standards (CAS) Board (CASB), invites public
comments and information on a provision that provides an exemption from
CAS for contracts and subcontracts that are executed and performed
entirely outside the United States, its territories, and possessions
(overseas exemption).
Dates: Responses must be in writing
and must be received by May 26, 2009.
GSA-GSAR Case 2006G517, Rewrite of GSAR Part 528, Bonds
and Insurance, Final rule, 74 Fed. Reg. 17908, April 14, 2009.
SUMMARY: The General Services Administration (GSA) is
amending the GSA Acquisition Regulation (GSAR) to update the text
addressing bonds and insurance. This rule is a result of the GSA
Acquisition Manual (GSAM) rewrite initiative undertaken by GSA to revise
the GSAM to maintain consistency with the Federal Acquisition Regulation
(FAR), and to implement streamlined and innovative acquisition
procedures that contractors, offerors, and GSA contracting personnel can
utilize when entering into and administering contractual relationships.
The GSAM incorporates the GSAR as well as internal agency acquisition
policy.
Dates: Effective Date: May 14, 2009
DOT-
Disadvantaged Business Enterprise Program; Potential Program
Improvements, Advanced notice of proposed rulemaking, 74 Fed. Reg.
15904, April 08, 2009.
SUMMARY: This advance notice of
proposed rulemaking (ANPRM) provides interested parties with the
opportunity to comment on five matters of interest to participants in
the Department of Transportations disadvantaged business enterprise
(DBE) program. The first concerns counting of items obtained by a DBE
subcontractor from its prime contractor. The second concerns ways of
encouraging “unbundling” of contracts to facilitate participation by
small businesses, including DBEs. The third is a request for comments on
potential improvements to the DBE application form, and the fourth asks
for suggestions related to program oversight. The fifth concerns
potential regulatory action to facilitate certification for firms
seeking to work as DBEs in more than one state. The sixth concerns
additional limitations on the discretion of prime contractors to
terminate DBEs for convenience, once the prime contractor had committed
to using the DBE as part of its showing of good faith efforts.
Dates: Comments on this proposed rule
must be received by July 7, 2009.
DOL-Obligation
of Federal Contractors and Subcontractors; Notice of Employee Rights
Concerning Payment of Union Dues or Fees, Final rule; rescission of
regulations, 74 Fed. Reg. 14045, March 30, 2009.
SUMMARY: This final rule rescinds the regulations found at 29
CFR part 470, which implemented Executive Order 13201. Executive Order
13496, signed by President Obama on January 30, 2009 and published in
the Federal Register on February 4, 2009, revoked Executive Order 13201,
thus removing the authority under which such regulations were
promulgated. Accordingly, the Secretary of Labor (the
“Secretary”) is issuing this final rule to rescind the
regulations that implement and enforce the now-revoked Executive Order
13201.
Dates: Effective Date: March 30, 2009.
General
Services Acquisition Regulation; GSAR Case 2006-G512; Rewrite of GSAR
Part 509, Contractor Qualifications, Final rule, 74 Fed. Reg. 12731,
March 25, 2009.
SUMMARY: The General Services
Administration (GSA) is amending the General Services Administration
Acquisition Manual (GSAM) to update the text addressing contractor
qualifications. This rule is a result of the General Services
Administration Acquisition Manual (GSAM) rewrite initiative undertaken
by GSA to revise the GSAM to maintain consistency with the Federal
Acquisition Regulation (FAR), and to implement streamlined and
innovative acquisition procedures that contractors, offerors, and GSA
contracting personnel can use when entering into and administering
contractual relationships. The GSAM incorporates the General Services
Administration Acquisition Regulation (GSAR) as well as internal agency
acquisition policy.
Dates: Effective Date: April 24, 2009
General
Services Acquisition Regulation; GSAR Case 2006G506; Rewrite of Part
523, Environment, Conservation, Occupational Safety and Drug-Free
Workplace, Proposed rule, 74 Fed. Reg. 11889
SUMMARY:
The GSA is proposing to amend the General Services Acquisition
Regulation (GSAR) to update the text addressing environment,
conservation, occupational safety and drug-free workplace.
Dates: Interested parties should submit written comments to
the Regulatory Secretariat on or before May 19, 2009 to be considered in
the formulation of a final rule.
Department of
Homeland Security, Prohibition on Federal Protective Service Guard
Services Contracts With Business Concerns Owned, Controlled, or Operated
by an Individual Convicted of a Felony, Proposed rule, 74 Fed. Reg.
11512, March 18, 2009.
SUMMARY: DHS is proposing to amend
the Homeland Security Acquisition Regulation (HSAR) to prohibit DHS from
awarding a Federal Protective Service (FPS) contract for guard services
to a business concern that is owned, controlled, or operated by an
individual who has been convicted of a serious felony. The rule is
necessary to implement the provisions of Public Law 110356, the Federal
Protective Service Guard Contracting Reform Act of 2008.
Dates: Comment
date: Interested parties should submit written comments to the
Department of Homeland Security, Office of the Chief Procurement
Officer, Acquisition Policy and Legislation, on or before April 17, 2009.
Department of Energy, Federal Procurement of Energy
Efficient Products, Final rule, 74 Fed. Reg. 10830, March 13,
2009.
SUMMARY: The U.S. Department of Energy (DOE) today
publishes a final rule to promote Federal procurement of
energy-efficient products. The final rule establishes guidelines for
Federal agencies regarding the implementation of amendments to the
National Energy Conservation Policy Act (NECPA) that require Federal
agencies to procure ENERGY STAR qualified and Federal Energy Management
Program (FEMP) designated products in procurements involving energy
consuming products and systems. Todays final rule includes changes in
response to comments received on the notice of proposed rulemaking
published June 19, 2007. Most notably, todays final rule does not
establish a reporting requirement, as initially proposed, for federal
agencies under procurement requirement of NECPA.
Dates:
This rule is effective April 13, 2009.
Defense Acquisition Regulations System, Suspension of the
Price Evaluation Adjustment for Small Disadvantaged Businesses
ACTION: Notice of 1-year suspension of the price evaluation adjustment
for small disadvantaged businesses., 74 Fed Reg. 7671, February 19,
2009.
SUMMARY: The Director of Defense Procurement has
suspended the use of the price evaluation adjustment, as required by 10
U.S.C. 2323(e)(3)(B), because DoD exceeded its 5 percent goal described
in 10 U.S.C. 2323(a) in fiscal year 2008. The suspension will be in
effect for 1 year and will be reevaluated in fiscal year 2009 based on
the level of DoD contract awards established in 10 U.S.C. 2323(a).
DATES: Effective Date: March 13, 2009.
Applicability Date: This
suspension applies to all solicitations issued during the period from
March 13, 2009, to March 12, 2010.
Rules of Practice, Postal Service Board of Contract Appeals, Proposed rule, 74 Fed. Reg. 6844, February 11, 2009.
SUMMARY: This document contains the
rules of procedure of the Postal Service
Board of Contract Appeals (Board)
which will govern all proceedings
before the Board. The Board was reestablished
by the National Defense
Authorization Act for Fiscal Year 2006,
to hear and decide contract disputes
relative to a contract entered into by the
United States Postal Service or the
Postal Regulatory Commission. In
addition the Board has jurisdiction over
other matters assigned to it by the
Postmaster General, and over matters
otherwise authorized by applicable law.
The Board intends to issue final, revised
rules after considering all comments on
the proposed rules.
Dates: Comments must be received on
or before March 13, 2009.
GSAR Case 2006-G507; Rewrite of GSAR Part 538, Federal
Supply Schedule Contracting, Proposed rule, 74 Fed. Reg. 4506,
Jamuary 26, 2009.
SUMMARY: The GSA is proposing to amend
the General Services Administration Acquisition Regulation (GSAR) to
revise sections of the GSAR that provide requirements for Federal Supply
Schedule Contracting actions.
Dates: Interested parties should submit written comments
to the Regulatory Secretariat on or before March 27, 2009 to be
considered in the formulation of a final rule.
GSAR Case
2008G513; Rewrite of GSAR Part 543,
Contract Modifications, Final rule, 74 Fed. Reg. 864, January 09, 2009.
SUMMARY: The General Services
Administration (GSA) is amending the
GSA Acquisition Regulation (GSAR) to
revise the language that provides
requirements for contract modifications.
Dates: Effective Date: January 9, 2009.
GSAR Case
2008G512; Rewrite of GSAR Part 542;
Contract Administration and Audit
Services, Final rule, 74 Fed. Reg. 863, January 09, 2009.
SUMMARY: The General Services
Administration (GSA) is amending the
General Services Administration
Acquisition Regulation (GSAR) to revise
sections of GSAR Part 542 that provide
requirements for contract administration
and audit services.
Dates: Effective Date: February 9, 2009.
National Science Foundation, Program Fraud Civil Remedies
Act, Proposed rule, 73 Fed. Reg. 79761, December 30, 2008.
SUMMARY: The National Science Foundation (NSF) is proposing
to issue regulations to implement the Program Fraud Civil Remedies Act
of 1986 (PFCRA). PFCRA authorizes certain Federal agencies, including
NSF, to impose, through administrative adjudication, civil penalties and
assessments against any person who makes, submits, or presents, or
causes to be made, submitted, or presented, a false, fictitious, or
fraudulent claim or written statement to the agency. The proposed
regulations establish the procedures that NSF will follow in
implementing PFCRA, and specify the hearing and appeal rights of persons
subject to penalties and assessments under PFCRA.
Dates: Comments must be submitted by January 29, 2009
GSA-GSAR Case 2007G501, Protests, Disputes, and
Appeals, Final rule, 73 Fed. Reg. 74613, December 09, 2008.
SUMMARY: The General Services Administration (GSA) is
amending the General Services Administration Acquisition Regulation
(GSAR) by updating language pertaining to protests, disputes, and
appeals.
Dates: Effective Date: January 8, 2009.
NASA-Government Property, Proposed rule, 73 Fed. Reg.
73202, December 12, 2008.
SUMMARY: NASA proposes to revise
the NASA FAR Supplement (NFS) to update Agency-level, property-related
provisions, clauses, prescriptions and procedures to be consistent with
changes made to Part 45 and clauses 52.245 of the Federal Acquisition
Regulation in Federal Acquisition Circular (FAC) 200517. FAC 200517
significantly rewrote FAR Part 45, Government Property, and changed
property related definitions, provisions and clauses which are required
to be used in all solicitations and contracts issued after the effective
date of June 14, 2007.
Dates: Interested parties should
submit comments on or before February 2, 2009, to be considered in
formulation of the final rule.
NASA-Information Technology (IT) Security, Proposed
rule, 73 Fed. Reg. 73201, December 12, 2008.
SUMMARY:
NASA proposes to revise the NASA FAR Supplement (NFS) to update
requirements related to Information Technology Security, consistent with
Federal policies for the security of unclassified information and
information systems. The rule imposes no new requirements. Its purpose
is to more clearly define applicability, update procedural processes,
eliminate the requirement for contractor personnel to meet the NASA
System Security Certification Program, and provide a Web site link
within a contract clause to a library where contractors can find all
underlying regulations and referenced documents.
Dates:
Interested parties should submit comments on or before February 2, 2009
to be considered in formulation of the final rule.
GSAR 2008 G509; Rewrite of Part 536, Construction and
Architect-Engineer Contracts, Proposed rule, 73 Fed. Reg. 73199,
December 02, 2008.
SUMMARY: The GSA is proposing to amend
the GSA Acquisition Regulation (GSAR) to revise the language that
provides requirements for contracting construction and
architect-engineer services.
Dates: Interested parties
should submit written comments to the Regulatory Secretariat on or
before February 2, 2009 to be considered in the formulation of a final
rule.
Treasury-Regulations Pertaining to
Mergers, Acquisitions, and Takeovers by Foreign Persons; Final Rule,
73 Fed. Reg. 70702, November 21, 2008.
SUMMARY: This Final
Rule amends regulations in part 800 of 31 CFR that implement section 721
of the Defense Production Act of 1950 (section 721), as amended by
the Foreign Investment and National Security Act of 2007, codified at 50
U.S.C. App. 2170. While the revised regulations retain many features of
the prior regulations, a number of changes have been made to implement
section 721, increase clarity, reflect developments in business
practices over the past several years, and make additional improvements
based on experiences with the prior regulations.
DATES: Effective
date: This rule is effective December 22, 2008. Applicability date: See
§ 800.103.
Internal Revenue Service, Withholding Under
Internal Revenue Code Section 3402(t), Notice of proposed
rulemaking, 73 Fed. Reg. 74082, December 05, 2008.
SUMMARY: This document contains proposed regulations relating
to withholding under section 3402(t) of the Internal Revenue Code
(Code). The proposed regulations reflect changes in the law made by the
Tax Increase Prevention and Reconciliation Act of 2005 that require
Federal, State, and local government entities to withhold income tax
when making payments to persons providing property or services. These
proposed regulations provide guidance to assist the government entities
in complying with section 3402(t). The regulations also provide certain
guidance to persons receiving payments for property or services from
government entities. This document also contains proposed amendments to
regulations under sections 3406, 6011, 6051, 6071, and 6302 of the Code.
Dates: Written or electronic comments and requests for a
public hearing must be received by March 5, 2009.
Agriculture-Designation of Biobased Items for Federal
Procurement, Notice of proposed rulemaking, 73 Fed. Reg. 63298,
October 23, 2008.
SUMMARY: The U.S. Department of
Agriculture (USDA) is proposing to amend the Guidelines for Designating
Biobased Products for Federal Procurement, by adding nine sections to
designate the following nine items within which biobased products would
be afforded Federal procurement preference: Chain and cable lubricants;
corrosion preventatives; food cleaners; forming lubricants; gear
lubricants; general purpose household cleaners; industrial cleaners;
multipurpose cleaners; and parts wash solutions. USDA also is proposing
minimum biobased content for each of these items.
Dates:
USDA will accept public comments on this proposed rule until December
22, 2008
DOL-Protecting the Privacy of Workers: Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction, Proposed rule, 73 Fed. Reg. 62229, October
20, 2008.
SUMMARY: In this proposed rule, the Department
of Labor (Department or DOL) proposes to revise regulations issued
pursuant to the Davis-Bacon and Related Acts and the Copeland Anti-
Kickback Act to better protect the personal privacy of laborers and
mechanics employed on covered construction contracts.
Dates: Comments must be submitted on or before November
19, 2008.
GAO-Rules of Procedure of the Government Accountability
Office Contract Appeals Board, Final rule, 73 Fed. Reg. 60609,
October 14, 2008.
SUMMARY: This document contains the
final revisions to the interim rules of procedures of the Government
Accountability Office (GAO) Contract Appeals Board (Board), which was
published in the Federal Register on June 26, 2008. These rules
supersede the interim rules of the Board and will govern all proceedings
before the Board filed on or after October 1, 2007.
Dates: Effective Date: October 14, 2008
GSAR Case 2008-G505; Rewrite of GSAR Part 514, Sealed
Bidding, Proposed rule, 73 Fed. Reg. 60224, October 10, 2008.
SUMMARY: The GSA is proposing to amend the General Services
Acquisition Regulation (GSAR) to revise the GSAR language regarding
requirements for sealed bidding.
Dates: Interested
parties should submit written comments to the Regulatory Secretariat on
or before December 9, 2008 to be considered in the formulation of a
final rule.
GSAR Case 2007-G507; Describing Agency Needs, Proposed
rule, 73 Fed. Reg. 58590, October 09, 2008.
SUMMARY:
The General Services Administration (GSA) is proposing to amend the
General Services Acquisition Regulation (GSAR) to revise language
regarding the requirements for describing the agency needs.
Dates: Interested parties should submit written comments to
the Regulatory Secretariat on or before December 8, 2008 to be
considered in the formulation of a final rule.
GSAR Case 2006-G510; Rewrite of GSAR Part 504,
Administrative Matters, Proposed rule, 73 Fed. Reg. 59589, October
09, 2008.
SUMMARY: The GSA is proposing to amend the
General Services Acquisition Regulation (GSAR) to revise the language
regarding requirements for administrative matters.
Dates:
Interested parties should submit written comments to the Regulatory
Secretariat on or before December 8, 2008 to be considered in the
formulation of a final rule.
GSA-GSAR Case 2006G515; Rewrite of Part 532, Contract
Financing, Proposed rule, 73 Fed. Reg. 58515, October 07, 2008.
SUMMARY: The General Services Administration (GSA) is
proposing to amend the General Services Acquisition Regulation (GSAR) to
revise and update the agencys implementation of Federal Acquisition
Regulation (FAR) contract financing policies. GSA has taken this
opportunity to implement coverage for incremental funding of
fixed-price, time-and-materials, and labor-hour contracts.
Dates: Interested parties should submit written comments
to the Regulatory Secretariat on or before November 6, 2008 to be
considered in the formulation of a final rule.
SBA-Small Disadvantaged Business Program, Interim rule,
73 Fed. Reg. 57490, October 03, 2008.
SUMMARY: This rule
changes the requirements relating to which firms may certify their
status as small disadvantaged businesses (SDBs) for purposes of federal
prime contracts and subcontracts. Currently, only those firms that have
applied to and been certified as SDBs by SBA may certify themselves to
be SDBs for federal prime and subcontracts. This rule allows firms to
self-represent their status for subcontracting purposes without first
receiving any SDB certification. It also recognizes that the benefits of
being an SDB for federal prime contracts has been greatly diminished
over the past years, and shifts the responsibility of identifying firms
as SDBs for federal prime contracts to those limited agencies that have
authority and chose to use price evaluation adjustments to SDBs.
Dates: Effective Date: This rule is effective October 3,
2008.
Comment Date: Comments must be received on or before
November 3, 2008
GSAR Case 2008G506; Rewrite of GSAR Part 515, Contracting
by Negotiation, Proposed rule, 73 Fed. Reg. 57580, October 03,
2008.
SUMMARY: The General Services Administration (GSA)
is proposing to amend the General Services Acquisition Regulation (GSAR)
to revise language that provides requirements for contracting by
negotiation.
Dates: Interested parties should submit written comments to
the Regulatory Secretariat on or before December 2, 2008 to be
considered in the formulation of a final rule.
SBA-The Women-Owned Small Business Federal Contract
Assistance Procedures, Proposed rule, 73 Fed. Reg. 57014, October
01, 2008.
SUMMARY: The U.S. Small Business Administration
(SBA) is seeking comments on a data issue involving the Women-Owned
Small Business (WOSB) Federal Contract Assistance Procedures authorized
under Section 8(m) of the Small Business Act. Specifically, SBA is
seeking comments on two data sets: the Central Contractor Registration
(CCR) data set which was used in the RAND report and the proposed rule
for the WOSB Federal Contract Assistance Procedures to determine the
representation of WOSBs in Federal procurement in the various industries
and a non-public Survey of Business Owners (SBO) data set from the
Economic Census, which was not previously used in the RAND report or the
proposed rule to determine the representation of WOSBs in Federal
procurement in the various industries. This request for comments is
intended to stimulate dialogue on available data sets and the comments
will be evaluated to determine which data set will provide the soundest
basis to identify industries in which WOSBs are underrepresented in
Federal procurement.
Dates: The SBA must receive comments on or before
October 31, 2008.
SBA-The Women-Owned Small Business Federal Contract
Assistance Procedures, Final rule, 73 Fed. Reg.56940, October 01,
2008.
SUMMARY: This final rule amends the U.S. Small
Business Administration (SBA) regulations governing small business
contracting programs to set forth procedures that will govern the new
Women-Owned Small Business (WOSB) Federal Contract Assistance Procedures
as authorized in the Small Business Act.
Dates: Effective Date: This rule is effective October
31, 2008.
Applicability Date: This final rule will be effective 30
days after publication. This final rule does not identify the industries
in which WOSBs are underrepresented or substantially underrepresented in
Federal procurement because SBA is awaiting comments on its proposed
rule before concluding its eligibility determinations. SBAs
determination of the industries in which WOSBs are underrepresented or
substantially underrepresented in Federal procurement will be effective
not less than 30 days after its publication date.
SBA-Suspension of Applicants for Small Disadvantaged
Business Program, Notice,73 Fed. Reg. 54881, September 23, 2008.
SUMMARY: The Small Business Administration (SBA) is
suspending the receipt of applications for the Government-wide small
disadvantaged business (SDB) program effective September 22, 2008. SBA
will continue to process all applications received before that date to
completion, unless an applicant withdraws its application.
Dates:
Effective Date: September 22, 2008.
Applicability
Date: This suspension applies until lifted by SBA through notice in the
Federal Register.
GSAR Case 2008G517; Cooperative Purchasing- Acquisition of
Security and Law Enforcement Related Goods and Services (Schedule 84) by
State and Local Governments Through Federal Supply Schedules, Interim
rule, 73 Fed. Reg. 54334, September 19, 2008.
SUMMARY:
The General Services Administration (GSA) is amending the General
Services Administration Acquisition Regulation (GSAR) to implement
Pub.L. 110248, The Local Preparedness Acquisition Act. The Act
authorizes the Administrator of General Services to provide for the use
by State or local governments of Federal Supply Schedules of the General
Services Administration (GSA) for alarm and signal systems, facility
management systems, firefighting and rescue equipment, law enforcement
and security equipment, marine craft and related equipment, special
purpose clothing, and related services (as contained in Federal supply
classification code group 84 or any amended or subsequent version of
that Federal supply classification group).
Dates: Effective Date: September 19, 2008.
Applicability Date: This amendment applies to solicitations
and existing contracts for Schedule 84, as defined in GSAM 538.7001,
Definitions, Schedule 84. Further, this amendment applies to contracts
awarded after the effective date of this rule for Schedule 84. Existing
Schedule 84 contracts shall be modified by mutual agreement of both
parties.
Comment Date: Interested parties should submit
written comments to the Regulatory Secretariat on or before November 18,
2008 to be considered in the formulation of a final rule.
GSAR Case 2008G503; Rewrite of GSAR Part 505, Publicizing
Contract Actions, Proposed rule, 73 Fed. Reg. 53404, September 16,
2008.
SUMMARY: The General Services Administration (GSA)
is proposing to amend the General Services Acquisition Regulation (GSAR)
to revise language that provides requirements for publicizing contract
actions.
Dates: : Interested parties should submit written
comments to the Regulatory Secretariat on or before November 17, 2008 to
be considered in the formulation of a final rule
OFPP-Harmonization of Cost Accounting Standards 412 and 413
With the Pension Protection Act of 2006, Advance Notice of Proposed
Rulemaking, 73 Fed. Reg. 51261, September 02, 2008.
SUMMARY: The Office of Federal Procurement Policy, Cost
Accounting Standards Board, invites public comments concerning an
Advance Notice of Proposed Rulemaking on the harmonization of Cost
Accounting Standards 412 and 413 with the Pension Protection Act of
2006.
Dates: Comments must be in writing and must be
received by November 3, 2008.
VA
Acquisition Regulation: Supporting Veteran-Owned and Service-Disabled
Veteran-Owned Small Businesses, Proposed rule, 73 Fed. Reg. 49141,
August 20, 2008.
SUMMARY: This proposed rule would
implement portions of the Veterans Benefits, Health Care, and
Information Technology Act of 2006 and Executive Order 13360, Providing
Opportunities for Service-Disabled Veteran Businesses to Increase Their
Federal Contracting and Subcontracting. The Public Law and Executive
Order authorize the Department of Veterans Affairs (VA) to establish
special methods for contracting with service-disabled veteran-owned
small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs).
Under this proposed rule, a VA contracting officer could restrict
competition in contracting for SDVOSBs or VOSBs under certain
conditions. Likewise, sole source contracts with SDVOSBs or VOSBs would
be permitted under certain conditions. The proposed rule would implement
these special acquisition methods as a change to the VA Acquisition
Regulation (VAAR).
Dates: Comments on the proposed rule
should be submitted on or before October 20, 2008 to be considered in
the formulation of the final rule.
GSAR Case
2008G515; Rewrite of GSAR Part 549, Termination of Contracts, Proposed
rule, 73 Fed. Reg. 47123, August 13, 2008.
SUMMARY:
The General Services Administration (GSA) is proposing to amend the
General Services Acquisition Regulation (GSAR) to revise language that
provides requirements for termination of contracts.
Dates: Interested parties should submit written comments to
the Regulatory Secretariat on or before October 14, 2008 to be
considered in the formulation of a final rule.
SBA-Notice of
methodology for measuring the economic impact of the HUBZone
Program, 73 Fed. Reg. 46698, August 11, 2008.
SUMMARY:
In June 2008, the Government Accountability Office (GAO) issued its
findings on the U.S. Small Business Administration (SBA) Historically
Underutilized Business Zone (HUBZone) Program. One of GAO’s findings is
that the SBA does not assess the Program’s economic impact. The GAO
noted the importance of this given that the HUBZone Program is primarily
defined by economic factors (household income, unemployment rate, and
poverty rate).
On June 6, 2008, the SBA
responded to GAO’s findings, and provided several steps to address them.
One of these steps is to develop a methodology for assessing the
Program’s economic impact.
This paper
outlines the anticipated methodology for this assessment. The paper will
provide a brief description of the different methodological options
currently available for undertaking an impact assessment. It will then
provide a basic description of the HUBZone Program. Finally, it will
detail the specific methodology chosen for measuring the Program’s
economic impact.
The complexity of
assessing the Program’s economic impact lies in that there are multiple
government agencies using three relevant procurement mechanisms, and
five classes of HUBZones. In addition, the required data for this
assessment will be derived from four different databases. This multiple
database feature, as well as other documented data issues of the HUBZone
Program, increases the difficulty of correctly identifying the
assessment’s relevant data elements. This methodology assumes that these
data issues will be addressed.
This
methodology will trace Federal contract dollars as they flow to the
various HUBZone areas. It will then estimate the impact of these
contract dollars on the HUBZone areas’ employment and household income.
To isolate the impact of the HUBZone Program, the methodology
differentiates Federal contract dollar-flows in three ways: (1) Via the
HUBZone Direct Mechanism, where Federal contract dollar-flows are
directly attributable to the HUBZone Program; (2) Via the Non- HUBZone
SBA Contract Mechanisms, where Federal contract dollar-flows are
directly attributable to SBA programs, but exclude the HUBZone Program;
(3) Via the Non-SBA Federal Contract Mechanisms, where Federal contract
dollar-flows are not associated with any SBA program.
This differentiation addresses GAO’s
recommendation to develop measures that take into account factors such
as (1) the economic characteristics of the HUBZone areas and (2) Federal
contracts being counted under multiple socioeconomic subcategories.
Dates: Comments must be received on
or before September 10, 2008
Rewrite of
GSAR Part 522, Application of Labor Laws to Government Acquisitions,
Final rule, 73 Fed. Reg. 46202, August 08, 2008.
SUMMARY: The General Services Administration (GSA) is
amending the General Services Administration Acquisition Regulation
(GSAR) to revise language pertaining to application of labor laws to
Government acquisitions. This rule is a product of the General Services
Administration Acquisition Manual (GSAM) Rewrite Initiative, undertaken
by GSA to revise the regulation to maintain consistency with the FAR and
implement streamlined and innovative acquisition procedures for
contractors, offerors, and GSA contracting personnel. The GSAM
incorporates the GSAR as well as internal agency acquisition policy.
Dates: Effective Date: August 8, 2008.
GSAR Case
2006G517; Rewrite of GSAR Part 528, Bonds and Insurance, Proposed
rule, 73 Fed. Reg. 45378, August 05, 2008.
SUMMARY:
The General Services Administration (GSA) is proposing to amend the
General Services Acquisition Regulation (GSAR) to revise language that
provides requirements for bonds and insurance.
Dates:
Interested parties should submit written comments to the Regulatory
Secretariat on or before October 6, 2008 to be considered in the
formulation of a final rule.
GSAR Case
2008G514; Rewrite of GSAR Part 546, Quality Assurance, Proposed
rule, 73 Fed. Reg. 45379, August 05, 2008.
SUMMARY:
The General Services Administration (GSA) is proposing to amend the
General Services Acquisition Regulation (GSAR) to revise language that
provides requirements for quality assurance.
Dates:
Interested parties should submit written comments to the Regulatory
Secretariat on or before October 6, 2008 to be considered in the
formulation of a final rule.
GSAR Case
2008 G502;Improper Personal Conflicts of Interest, Proposed rule,
73 Fed. Reg. 45194, August 04, 2008.
SUMMARY: The General
Services Administration (GSA) is proposing to amend the General Services
Acquisition Regulation (GSAR) to revise language regarding requirements
for improper business practices and personal conflicts of interest.
Dates: Interested parties should submit written comments to
the Regulatory Secretariat on or before October 3, 2008 to be considered
in the formulation of a final rule.
GSAR Case
2007G502; Rewrite of GSAR Part 513, Simplified Acquisition Procedures,
Proposed rule, 73 Fed. Reg. 44955, August 01, 2008.
SUMMARY: The General Services Administration (GSA) is
proposing to amend the General Services Acquisition Regulation (GSAR) to
revise and update the agencys implementation of the Federal Acquisition
Regulation (FAR) Part 13, Simplified Acquisition Procedures.
Dates: Interested parties should submit written comments
to the Regulatory Secretariat on or before September 30, 2008 to be
considered in the formulation of a final rule.
GSAR Case
2008G504; Rewrite of GSAR Part 512, Acquisition of Commercial Items,
Proposed rule, 73 Fed. Reg. 44953, August 01, 2008.
SUMMARY: The General Services Administration (GSA) is
proposing to amend the General Services Acquisition Regulation (GSAR) to
revise the language pertaining to requirements for the acquisition of
commercial items.
Dates: Interested parties should submit written comments
to the Regulatory Secretariat on or before September 30, 2008 to be
considered in the formulation of a final rule.
GSA-GSAR Case
2006G520; Rewrite of GSAR Part 525, Foreign Acquisition, Proposed rule,
73 Fed. Reg. 44208, July 29, 2008.
SUMMARY: The
General Services Administration (GSA) is proposing to amend the General
Services Acquisition Regulation (GSAR) to update the text addressing
foreign acquisition. This rule is a result of the General Services
Administration Acquisition Manual (GSAM) Rewrite initiative undertaken
by GSA to revise the GSAM to maintain consistency with the FAR, and to
implement streamlined and innovative acquisition procedures that
contractors, offerors and GSA contracting personnel can utilize when
entering into and administering contractual relationships. The GSAM
incorporates the General Services Administration Acquisition Regulation
(GSAR) as well as internal agency acquisition policy. GSA will rewrite
each part of the GSAR and GSAM, and as each part is rewritten, will
publish it in the Federal Register. This part is a continuance in a
series of revisions. It covers the rewrite of GSAR Part 525, Foreign
Acquisition.
Dates: Interested parties should submit written comments
to the Regulatory Secretariat on or before September 29, 2008 to be
considered in the formulation of a final rule.
Bureau of Customs and Border Protection,
Uniform Rules of Origin for Imported Merchandise, Notice of proposed
rulemaking, 73 Fed. Reg. 43385, July 25, 2008.
SUMMARY: This document proposes to
amend the U.S. Customs and Border Protection (“CBP”)
Regulations to establish uniform rules governing CBP determinations of
the country of origin of imported merchandise. This proposal would
extend application of the country of origin rules codified in 19 CFR
part 102. Those rules have proven to be more objective and transparent
and provide greater predictability in determining the country of origin
of imported merchandise than the system of case-bycase adjudication they
would replace. The proposed change also will aid an importer’s exercise
of reasonable care. In addition, this document proposes to amend the
country of origin rules applicable to pipe fittings and flanges, printed
greeting cards, glass optical fiber, and rice preparations. Finally,
this document proposes amendments to the textile regulations set forth
in § 102.21 to make corrections so that the regulations reflect the
language of section 334(b)(5) of the Uruguay Round Agreement Act.
Dates: Comments must be received on
or before September 23, 2008.
SBA-
Amendments to the Definition of the Nonprocurement Suspension and
Debarment Officials, Direct final rule, 73 Fed. Reg. 43347, July 25,
2008.
SUMMARY: The U.S. Small Business Administration (SBA
or Agency) is making two technical changes to the regulations pertaining
to grants and agreements. SBA is amending the definitions for the
debarring official and the suspending official for nonprocurement
debarment and suspension actions for programs other than the financial
assistance programs. Currently the debarring official and the suspending
official for all programs other than financial assistance is the
Director of the Office of Business Operations. This rule will change the
debarring official and suspending official to the Associate General
Counsel for Procurement Law. SBA is also amending its regulations to
change the title of the Agencys Office of Lender Oversight to the
Office of Credit Risk Management.
Dates: This rule is
effective September 8, 2008, without further action, unless SBA receives
a significant adverse comment by August 25, 2008. If SBA receives any
significant adverse comments, the Agency will publish a timely
withdrawal of this rule in the Federal Register.
Civilian
Health and Medical Program of the Uniformed Services (CHAMPUS)/ TRICARE:
Inclusion of TRICARE Retail Pharmacy Program in Federal Procurement of
Pharmaceuticals, Proposed rule, 73 Fed. Reg. 43394, July 25, 2008.
SUMMARY: Section 703 of the National Defense Authorization
Act for Fiscal Year 2008 (NDAA08) states with respect to any
prescription filled on or after the date of enactment of the NDAA, the
TRICARE retail pharmacy program (TRRx) shall be treated as an element of
the DoD for purposes of procurement of drugs by Federal agencies under
section 8126 of title 38, United States Code (U.S.C.), to the extent
necessary to ensure pharmaceuticals paid for by the DoD that are
provided by network retail pharmacies under the program to eligible
covered beneficiaries are subject to the pricing standards in such
section 8126. NDAA08 was enacted on January 28, 2008. The statute
requires implementing regulations. This proposed rule is to implement
section 703 of the NDAA 2008.
Dates: Written comments
received at the address indicated below by September 23, 2008 will be
considered and addressed in the final rule.
GSA-GSAR Case
2006G504; Rewrite of GSAR Part 516; Types of Contracts, Proposed
rule, 73 Fed. Reg. 39275, July 09, 2008.
SUMMARY: The
General Services Administration (GSA) is proposing to amend the General
Services Acquisition Regulation (GSAR) to revise language pertaining to
requirements for types of contracts.
Dates: Interested
parties should submit written comments to the Regulatory Secretariat on
or before September 8, 2008 to be considered in the formulation of a
final rule.
GAO-Rules of
Procedure of the Government Accountability Office Contract Appeals
Board, Interim rule, 73 Fed. Reg. 36257, June 26, 2008.
SUMMARY: This document contains the rules of procedures of
the Government Accountability Office (GAO) Contract Appeals Board
(Board), which will govern all proceedings before the Board. The Board
was established pursuant to sec. 1501 of title I of division H of the
Consolidated Appropriations Act of 2008 to hear appeals from decisions
of contracting officers with respect to any contract entered into by a
legislative branch agency. The following rules of procedure are
promulgated pursuant to sec. 1501(d) of that act and are applicable to
all appeals filed with the Board on or after October 1, 2007. The Board
invites comments on this interim rule and intends to publish a final
rule after considering all comments received on or before the closing
date for comments.
Dates: Comments must be submitted on or before August
25, 2008.
Correction-June 30, 2008. The interim rule published on June 26, 2008, at 73 FR 36257 is
effective on June 26, 2008, and is applicable to all appeals filed on
or after October 1, 2007. Comments must be submitted on or before
August 25, 2008.
Office of Government Ethics-Post-Employment Conflict of Interest
Restrictions, Final rule, 73 Fed. Reg. 36168, June 25, 2008.
SUMMARY: OGE regulations have provided guidance concerning
the postemployment conflict of interest restrictions of 18 U.S.C. 207
for Government employees terminating service between July 1, 1979 and
December 31, 1990. As a result of amendments to section 207 that became
effective January 1, 1991, and subsequently, employees terminating
service in the executive branch or in an independent agency (or
terminating service from certain high-level Government positions) since
that date are subject to substantially revised postemployment
restrictions. The purpose of these new regulations is to provide
regulatory guidance explaining the scope and content of the statutory
restrictions as they apply to employees terminating service on or after
January 1, 1991. This final rule would expand the regulatory guidance
OGE has previously published concerning the current version of section
207 and make minor modifications to those earlier rulemakings. It would
also remove the old obsolete regulations from the Code of Federal
Regulations.
Dates: July 25, 2008.
GSAR Case
2006G512; Rewrite of GSAR Part 509, Contractor Qualifications, Proposed
rule, 73 Fed. Reg. 36013, June 25, 2008.
SUMMARY: The
General Services Administration (GSA) is proposing to amend the General
Services Acquisition Regulation (GSAR) to update language addressing
contractor qualifications. This rule is a result of the General Services
Administration Acquisition Manual (GSAM) Rewrite initiative undertaken
by GSA to revise the GSAM to maintain consistency with the FAR, and to
implement streamlined and innovative acquisition procedures that
contractors, offerors and GSA contracting personnel can utilize when
entering into and administering contractual relationships. The GSAM
incorporates the General Services Administration Acquisition Regulation
(GSAR) as well as internal agency acquisition policy.
GSA will rewrite each part of the GSAR
and GSAM, and as each GSAR part is rewritten, will publish it in the
Federal Register.
This is one of a series
of revisions. It
covers the rewrite of GSAR Part 509, Contractor
Qualifications.
DATES:
Dates: to be considered in the formulation of
a final rule.
GSAR Case
2008 G513;Rewrite of Part 543, Contract Modifications, Proposed
rule, 73 Fed. Reg. 35615, June 24, 2008.
SUMMARY: The
General Services Administration (GSA) is proposing to amend the General
Services Acquisition Regulation (GSAR) to revise GSAM language
pertaining to requirements for contract modifications.
Dates: Interested parties should submit written comments to
the Regulatory Secretariat on or before August 25, 2008 to be considered
in the formulation of a final rule.
GSAR Case
2008G512; Rewrite of GSAR Part 542; Contract Administration and Audit
Services, Proposed rule, 73 Fed. Reg. 35614, June 24, 2008.
SUMMARY: The General Services Administration (GSA) is
proposing to amend the General Services Acquisition Regulation (GSAR) to
revise language pertaining to requirements for contract administration
and audit services.
Dates: Interested parties should
submit written comments to the Regulatory Secretariat on or before
August 25, 2008 to be considered in the formulation of a final rule.
GSA-
Regulation; GSAR Case 2006 G502;Rewrite of GSAR Part 501; General
Services Administration Acquisition Regulation System, Proposed
rule, 73 Fed. Reg. 34240, June 17, 2008.
SUMMARY: The
General Services Administration (GSA) is proposing to amend the General
Services Acquisition Regulation (GSAR) to update the text addressing the
General Services Administration Acquisition Regulation System. This rule
is a result of the General Services Administration Acquisition Manual
(GSAM) Rewrite Initiative undertaken by GSA to revise the GSAM to
maintain consistency with the Federal Acquisition Regulation (FAR), and
to implement streamlined and innovative acquisition procedures that
contractors, offerors and GSA contracting personnel can utilize when
entering into and administering contractual relationships. The GSAM
incorporates the GSAR as well as internal agency acquisition policy.
GSA will rewrite each part of the GSAR and GSAM, and as each GSAR part
is rewritten, will publish it in the Federal Register.
This rule
covers the rewrite of GSAR Part 501, General Services Administration
Acquisition Regulation System.
Dates: Interested parties
should submit written comments to the Regulatory Secretariat on or
before August 18, 2008 to be considered in the formulation of a final
rule.
DHS-
Designation of the Electronic Employment Eligibility Verification System
Under Executive Order 12989, as Amended by the Executive Order Entitled
“Amending Executive Order 12989, as Amended” of June 6,
2008, Notice, 73 Fed. Reg. 33837, June 13, 2008.
SUMMARY: This notice announces that the Secretary of Homeland
Security has designated the E-Verify system, operated by U.S.
Citizenship and Immigration Services in partnership with the Social
Security Administration, as the electronic employment eligibility
verification system to be used by Federal contractors, pursuant to
Executive Order 12989, as amended by the Executive Order entitled
“Amended Executive Order 12989, as Amended” of June 6, 2008.
Dates: This designation is effective immediately.
GSAR Case
2006G501; GSA Mentor-Protégé Program, Proposed rule,
73 Fed. Reg. 32669, June 10, 2008.
SUMMARY: The General
Services Administration (GSA) is proposing to amend the General Services
Acquisition Regulation (GSAR) to establish a GSA
Mentor-Protégé Program. The GSA
Mentor-Protégé Program is designed to encourage GSA prime
contractors to assist small businesses, small disadvantaged businesses,
womenowned small businesses, veteran-owned small businesses,
service-disabled veteran-owned small businesses, and HUBZone small
businesses in enhancing their capabilities to perform GSA contracts and
subcontracts, foster the establishment of long-term business
relationships between these small business entities and GSA prime
contractors, and increase the overall number of small business entities
that receive GSA contract and subcontract awards.
Dates: Interested parties should submit written comments
to the Regulatory Secretariat on or before August 11, 2008 to be
considered in the formulation of a final rule.
GAO-Bid
Protest Regulations, Government Contracts, Final rule, 73 Fed. Reg.
32427, June 09, 2008.
SUMMARY: This document amends
Government Accountability Office (GAO) Bid Protest Regulations, which
have been promulgated in accordance with the Competition in Contracting
Act of 1984. These amendments are being made to implement changes to the
definition of an “interested party” for the GAO Bid Protest
forum set forth in sec. 326 of the National Defense Authorization Act
for Fiscal Year 2008, and to make certain administrative changes.
Dates: Effective Date: June 9, 2008.
GSAR Case
2007 G501;Protests, Disputes, and Appeals, Proposed rule, 73 Fed.
Reg. 32514, June 09, 2008.
SUMMARY: The General Services
Administration (GSA) is proposing to amend the General Services
Acquisition Regulation (GSAR) to update language pertaining to protests,
disputes, and appeals. This project is part of the GSAM Rewrite Project,
in which all parts of the regulation are being reviewed and updated to
include new statutes, legislation, and policies.
Dates: Interested parties should submit written comments
to the Regulatory Secretariat on or before August 8, 2008 to be
considered in the formulation of a final rule.
GSA-GSAR Case
2006-G518; Rewrite of GSAR Part 547, Transportation, Proposed rule,
73 Fed. Reg. 32277, June 06, 2008.
SUMMARY: The General
Services Administration (GSA) is proposing to amend the General Services
Acquisition Regulation (GSAR) to revise GSAR language that provides
requirements for transportation. This rule is a result of the General
Services Administration Acquisition Manual (GSAM) Rewrite initiative
undertaken by GSA to revise the GSAM to maintain consistency with the
FAR, and to implement streamlined and innovative acquisition procedures
that contractors, offerors and GSA contracting personnel can use when
entering into and administering contractual relationships. The GSAM
incorporates the General Services Administration Acquisition Regulation
(GSAR) as well as internal agency acquisition policy. GSA will rewrite
each part of the GSAR and GSAM, and as each GSAR part is rewritten, will
publish it in the Federal Register.
This is one of the series of
revisions to 48 CFR Chapter 5. It covers the rewrite of GSAR Part 547,
Transportation.
Dates: Interested parties should submit written comments
to the Regulatory Secretariat on or before August 5, 2008 to be
considered in the formulation of a final rule.
GSA-GSAR Case
2008-G510; Rewrite of GSAR Part 537, Service Contracting, Proposed rule,
73 Fed. Reg. 32276, June 06, 2008.
SUMMARY: The
General Services Administration (GSA) is proposing to amend the General
Services Acquisition Regulation (GSAR) to revise sections of the GSAR
that pertains to requirements for service contracting.
Dates: Interested parties should submit written comments to the
Regulatory Secretariat on or before August 5, 2008 to be considered in
the formulation of a final rule.
GSA-GSAR Case
2007-G500; Rewrite of GSAR Part 517, Special Contracting Method,
Proposed rule, 73 Fed. Reg. 32274, June 06, 2008.
SUMMARY: The General Services Administration (GSA) is
proposing to amend the General Services Administration Acquisition
Regulation (GSAR) to revise sections that provide requirements for
special contracting methods.
Dates: Interested parties should submit written comments
to the Regulatory Secretariat on or before August 5, 2008 to be
considered in the formulation of a final rule.
Office of the
Chief Procurement Officer; Revision of Department of Homeland Security
Acquisition Regulation; Technical Amendments, Final rule, 73 Fed.
Reg. 30317, May 27, 2008.
SUMMARY: The Department of
Homeland Security (DHS) is amending its Homeland Security Acquisition
Regulation to make the Transportation Security Administration subject to
that regulation and to the Federal Acquisition Regulation system for
acquisitions initiated after June 22, 2008. This rule also removes
provisions related to DHS special streamlined acquisition authority,
changes the name of the Bureau of Immigration and Customs Enforcement to
U.S. Immigration and Customs Enforcement, and the name of the Bureau of
Customs and Border Protection to U.S. Customs and Border Protection in
the Homeland Security Acquisition Regulation, and makes other technical
amendments.
Dates: Effective date: This rule is effective May 27,
2008. Although this rule goes into effect on May 27, 2008, the
Transportation Security Administration exemption from the Homeland
Security Acquisition Regulation and the Federal Acquisition Regulation
system remains in effect up to and including June 22, 2008
DOL-Veterans’ Employment and Training Service, Annual Report From Federal
Contractors, Final rule, 73 Fed. Reg. 28710, May 19, 2008.
SUMMARY: The Veterans Employment and Training Service is
publishing a new set of regulations, and adopting a new Federal
Contractor Veterans Employment Report VETS100A (“VETS100A
Report”) form, to implement the requirement under the Vietnam Era
Veterans Readjustment Assistance Act of 1974 (“VEVRAA”)
that Government contractors track and annually report the number of
employees in their workforces who are veterans covered under the law.
The final regulations published today implement amendments to the
reporting requirements under VEVRAA that were made by the Jobs for
Veterans Act (“JVA”) in 2002. The JVA amendments: Raised the
dollar amount of the Government contracts that trigger a contractors
obligation to report on veterans employment; and changed the categories
of veterans that contractors are to track and report. The final
regulations published today apply only to covered Government contracts
entered into or modified on or after December 1, 2003. The existing
regulations in 41 CFR part 61250, which require contractors to use the
Federal Contractor Veterans Employment Report VETS100 (“VETS
100 Report”) form to provide the information on the covered
veterans in their workforces, will continue to apply to Government
contracts entered into before December 1, 2003.
Dates: Effective Date: These regulations are effective
June 18, 2008.
GSA-Board of
Contract Appeals; BCA Case 2006611; Rules of Procedure of the Civilian
Board of Contract Appeals, Final rule, 73 Fed. Reg. 26947, May 12,
2008.
SUMMARY: This document contains final revisions to
the interim rules of procedure of the Civilian Board of Contract Appeals
(Board), which was published in the Federal Register at 72 FR 36794,
July 5, 2007. These rules will govern all proceedings before the Board,
and will be contained in 48 CFR parts 6101 through 6105. These rules of
procedure supersede the current interim rules of the Board.
Dates: Effective Date: May 12, 2008.
OFPP-Cost
Accounting Standards Board; Accounting for the Costs of Employee Stock
Ownership Plans (ESOPs) Sponsored by Government Contractors, Final
rule, 73 Fed. Reg. 23961, May 01. 2008.
SUMMARY: The
Cost Accounting Standards Board (the Board), Office of Federal
Procurement Policy, has adopted a final rule to amend Cost Accounting
Standard (CAS) 412, “Cost Accounting Standard for composition and
measurement of pension cost,” and CAS 415, “Accounting for
the cost of deferred compensation.” These amendments address
issues concerning the recognition of the costs of Employee Stock
Ownership Plans (ESOPs) under Government cost-based contracts and
subcontracts. These amendments provide criteria for measuring the costs
of ESOPs and their assignment to cost contractors assigned ESOP costs
to contracts and subcontracts is addressed in other Standards. The
amendments also specify that accounting for the costs of ESOPs will be
covered by the provisions of CAS 415, “Accounting for the cost of
deferred compensation,” and not by any other Standard. This
rulemaking is authorized pursuant to Section 26 of the Office of Federal
Procurement Policy (OFPP) Act.
Dates: Effective Date: June 2, 2008.
GSA-Financial
Systems Integration Office (FSIO); Federal Acquisition System
Requirements, Notice with request for comments, 73 Fed. Reg. 22948,
April 28, 2008.
SUMMARY: The Office of Governmentwide
Policy invites comments on the proposed “Federal Acquisition
System Requirements.” This document gives functional, process
technical and data standards requirements for software developers of
Government acquisition and contract writing systems, and is regarded as
a draft document that will be revised to consider input from comments
solicited from industry and other government agencies during this open
comment period. This document will be a baseline (as-is) document with
the understanding that it will be revised as processes and data
standards are harmonized within the acquisition domain and later as it
harmonized with other domainsprimarily the Financial Management Line of
Business (FMLoB). This document does not supersede or obsolete
documents, standards or requirements issued by the Joint Financial
Management Improvement Program (JFMIP), Financial Systems Integration
Office (FSIO) or the Financial Management Line of Business (FMLoB). Over
time, efforts will be made to harmonize across these domains.
Dates: Interested parties should submit written comments
to the FAR Secretariat on or before June 27, 2008.[The document is available here.]
OFCCP-
Nondiscrimination and Affirmative Action Obligations of Contractors and
Subcontractors Regarding Protected Veterans, Final rule, 73 Fed.
Reg. 18712, April 07, 2008.
SUMMARY: This final rule
revises the regulations in 41 CFR part 60250 implementing the
nondiscrimination and affirmative action provisions of the Vietnam Era
Veterans’ Readjustment Assistance Act of 1974, as amended ("Section
4212" or "VEVRAA"). The regulations in part 60250 implement the
nondiscrimination and affirmative action provisions of VEVRAA prior to
their amendment in 2002 by the Jobs for Veterans Act ("JVA"), and apply
to contracts entered into before December 1, 2003. Today’s final rule
revises the mandatory job listing provision in the part 60250
regulations to provide that listing employment openings with the state
workforce agency job bank or with the local employment service delivery
system where the opening occurs will satisfy the mandatory job listing
requirements under the part 60250 regulations. The effect of this final
rule is to conform the mandatory job listing provision in the part
60250 regulations to the parallel provision in the regulations of the
Office of Federal Contract Compliance Programs ("OFCCP") implementing
the JVA amendments to VEVRAA in 41 CFR part 60300. Today’s final rule
also clarifies that the regulations in part 60250 apply to any contract
or subcontract of at least $25,000 entered into before December 1, 2003,
and that the regulations in part 60300, not the part 60250
regulations, apply to such a contract or subcontract if it is modified
on or after December 1, 2003 and the contract or subcontract as modified
is for $100,000 or more.
Dates: Effective Date: These regulations
are effective April 7, 2008.
OFPP-Cost Accounting Standards
Board; Contract Clauses, Final rule, 73 Fed. Reg. 15939, March 26,
2008.
SUMMARY: The Cost Accounting Standards (CAS) Board
has adopted, without change, a final rule to add a clause for inclusion
in CAS-covered contracts and subcontracts awarded to foreign concerns.
The Board is taking this action to provide a standard clause for use by
Government and contractor personnel in applying the CAS requirements to
contracts and subcontracts awarded to foreign concerns.
Dates: Effective Date: April 25, 2008.
GAO-Administrative Practice and
Procedure, Bid Protest Regulations, Government Contracts, Proposed
rule, 73 Fed. Reg. 15908, March 21, 2008.
SUMMARY: The
Government Accountability Office (GAO) is proposing to amend its Bid
Protest Regulations, promulgated in accordance with the Competition in
Contracting Act of 1984 (CICA), to implement the requirements in sec.
326 of the National Defense Authorization Act for Fiscal Year 2008,
enacted on January 28, 2008, and to make certain administrative changes.
Regarding sec. 326 of the National Defense Authorization Act for Fiscal
Year 2008, the proposed amendments to GAO’s Bid Protest
Regulations implement the legislation’s provisions related to the
bid protest process concerning Office of Management and Budget (OMB)
Circular A76, as revised on May 29, 2003. In this regard, the
legislation expands the protest rights of Federal employees in an A76
competition to grant “any one individual” who represents the
majority of affected employees the status of an “interested
party” to file a protest at GAO or the status of an intervenor to
participate in a protest filed at GAO, to remove the current restriction
limiting protests of A76 competitions to those competitions affecting
65 or more fulltime equivalent employees of a Federal agency, and to
allow a protest of a decision to convert a function performed by Federal
employees to private sector performance without a competition. At this
time, GAO believes that these proposed revisions are the only regulatory
changes necessary to implement the statutory requirements expanding the
protest rights of Federal employees in an A76 competition. Regarding
administrative changes, the proposed amendments to GAO’s Bid
Protest Regulations are to reflect current practice and to streamline
the bid protest process. GAO welcomes comments on these proposed
revisions.
Dates: Comments must be submitted on or before April 21,
2008.
Small Business Size Standards;
Adoption of Size Standards by 2007 North American Industry
Classification System for Size Standards, Direct final rule, 73 Fed.
Reg. 12869, March 11, 2008.
SUMMARY: The U.S. Small
Business Administration (SBA) is correcting the direct final rule it
published in the Federal Register on August 29, 2007, that amended its
Small Business Size Regulations by incorporating the Office of
Management and Budgets (OMB) 2007 modifications of the North American
Industry Classification System (NAICS) into its table of small business
size standards. The direct final rule published on August 29, 2007
established an incorrect small business size standard for NAICS 517919,
All Other Telecommunications. The correct small business size standard
is $23.0 million in average annual receipts. Also, the descriptive
titles for 19 NAICS codes are also being amended by this action. SBA is
changing the industry descriptions in its table of size standards so
they will match the descriptions published by OMB in NAICS 2007.
Dates: Effective Date: March 11, 2008.
Department of Energy, Defense
Priorities and Allocations System, Notice of proposed rulemaking, 73
Fed. Reg. 11066, February 29, 2008.
SUMMARY: This notice
of proposed rulemaking (NOPR) amends Department of Energy (DOE)
regulations at 10 CFR part 216 which implement DOEs delegated authority
under section 101(c) of the Defense Production Actof 1950 (DPA). Section
101(c) of the DPA provides authority to the President of the United
States (President) to require the allocation of, or priority performance
under contracts or orders relating to, materials and equipment,
services, or facilities, in order to maximize domestic energy supplies,
if the President makes certain findings. The Presidents authority under
section 101(c) was delegated to the Secretary of Commerce and the
Secretary of Energy. The rulemaking would make a number of changes to
part 216 to reflect a 1991 amendment of the DPA which broadens the scope
of authority in section 101(c). Because DOE does not expect to receive
any significant adverse comments, this regulatory action is also being
issued as a direct final rule in todays issue of the Federal Register.
Dates: Public comments on the amendment proposed herein
will be accepted until March 31, 2008.
Department of Energy, Defense Priorities and Allocations
System, Direct final
rule, 73 Fed. Reg. 10980, February 29, 2008.
SUMMARY:
The Department of Energy (DOE) today is issuing a direct final rule to
update the DOE regulations which implement DOEs delegated authority
under section 101(c) of the Defense Production Act of 1950 (DPA).
Section 101(c) provides authority to the President of the United States
(President) to require the allocation of, or priority performance under
contracts or orders relating to, materials and equipment, services, or
facilities, in order to maximize domestic energy supplies, if the
President makes certain findings. The Presidents authority under
section 101(c) was delegated to the Secretary of Commerce and the
Secretary of Energy. This final rule makes a number of changes to
conform to a 1991 amendment to the DPA which broadens the scope of
authority in section 101(c). This final rule also makes conforming
changes to Department of Energy Acquisition Regulation (DEAR).
Dates: This direct final rule is effective April 29,
2008, unless adverse or critical comments are received by March 31,
2008. If the effective date is delayed, timely notice will be published
in the Federal Register.
SBA-Women-Owned Small Business
Federal Contract Assistance Procedures, Proposed rule, reopening comment
period, 73 Fed. Reg. 10697, February 28, 2008.
SUMMARY: SBA is reopening the comment period for an
additional 30 days and making two technical corrections.
Dates: Comments on the proposed rule on Women-Owned Small
Business Federal Contract Assistance Procedures (72 FR 73285), must be
received on or before March 31, 2008.
Federal Transit
Administration-Contractor Performance Incentives for the Capital
Investment Program, Notice of Proposed rulkemaking, 73 Fed. Reg.
9075, February 19, 2008.
SUMMARY: This notice of proposed
rulemaking provides interested parties with the opportunity to comment
on the Federal Transit Administration’s (FTA) proposal to establish a
new part 612 of Title 49 of the Code of Federal Regulations to establish
procedures for 49 U.S.C. 5309 capital investment (New Starts) project
sponsors to apply for incentive awards if their projects meet
eligibility criteria for both cost and ridership estimates. This
proposed rule would carry out certain provisions of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for
Users (SAFETEALU) (Pub. L. 10959, August 10, 2005). Interested parties
are invited to send comments on all facets of this proposal.
DATES: Comments must be submitted by April 21, 2008.
Late-filed comments will be considered to the extent practicable.
DOE-Acquisition Regulation:
Security Clause, Notice of proposed rulemaking, 73 Fed. Reg. 98071,
February 19, 2008.
SUMMARY: The Department of Energy (DOE)
is proposing to amend the Department of Energy Acquisition Regulation
(DEAR) to revise the security clause used in all contracts and
subcontracts involving access authorizations to specifically require
background checks and tests for the absence of any illegal drug, as
defined in DOE regulations of uncleared personnel (employment applicants
and current employees) who will require access authorizations.
Background checks would not be required for applicants for DOE access
authorization who possess a current access authorization from another
Federal agency.
DATES: Written comments on the proposed rulemaking must
be received on or before close of business March 20, 2008.
OFPP-Cost Accounting Standards
Board; Allocation of Home Office Expenses to Segments, Staff Discussion
Paper (SDP)., 73 Fed. Reg. 8260, February 13, 2008.
SUMMARY: The Cost Accounting Standards Board (the Board),
Office of Federal Procurement Policy, invites public comments on a staff
discussion paper (SDP) addressing potential revisions to Cost Accounting
Standard (CAS) 403, Allocation of Home Office Expenses to Segments.
This SDP addresses whether the current thresholds that require use of
the three factor formula for allocating residual home office expenses
require revision.
Dates: Comments must be in writing and must be received
by April 14, 2008
OFPP-Cost Accounting Standards
Board (CAS) Exemption for Contracts Executed and Performed Outside the
United States, Its Territories, and Possessions, Notice of
Discontinuation of Case., 73 Fed. Reg. 8259, February 13, 2008.
SUMMARY: The Office of Federal Procurement Policy (OFPP),
Cost Accounting Standards (CAS) Board, is providing public notification
of the decision to discontinue its review of the exemption for contracts
that are executed and performed outside the United States, its
territories, and possessions.
VA Acquisition
Regulation: Plain Language Rewrite, Final rule, 73 Fed. Reg. 2712,
January 15, 2008.
SUMMARY: This document amends the
Department of Veterans Affairs (VA) Acquisition Regulation (VAAR). This
document revises the VAAR to conform to plain language principles,
updates delegations of authority, and removes non-regulatory material.
The document also makes changes in format, arrangement, and numbering to
make the VAAR parallel to the Federal Acquisition Regulation (FAR) as
required by the FAR. In addition, provisions that simply restate FAR
provisions that are already applicable have been removed, and procedures
for providing notice and a hearing to resolve issues regarding possible
violations of the Gratuities clause, for establishing qualified products
lists, for suspending or debarring a contractor, for expediting payments
to small businesses, and for reducing or suspending payments upon a
finding of contract fraud have been added. The VAAR clause on
Organizational Conflicts of Interest has been expanded to cover a
broader range of services that may be subject to organizational
conflicts of interest. Additional VAAR clauses have been added to the
list of clauses for use in commercial item solicitations and contracts.
Items that have been deleted include requirements for setting aside
construction and architect-engineer solicitations for small businesses
that are in conflict with current statute, a requirement to conduct an
audit of section 8(a) price proposals that is contrary to current FAR
requirements, and a VAAR provision that requested data from offerors on
veteran-owned small businesses that has been replaced by a FAR
provision. Guidance to contracting officers on the types of data that
should be requested from a contractor when evaluating the contractors
financial condition has been added. Other additions include a
requirement to use the clause on Assignment of Claims in purchase orders
and guidance to contracting officers on the criteria for revising the
payment due dates for invoices. This final rule also makes
nonsubstantive clarifying changes and corrections to the proposed rule.
The Veterans Benefits, Health Care, and Information Technology Act of
2006 (Pub. L. 109461) was issued subsequent to the proposed rule. It
will be addressed in a future rulemaking.
DATES: Effective Date: February 14, 2008.
EPA-Acquisition Regulation: Guidance
on Use of Award Term Incentives; Administrative Amendments, Final rule,
73 Fed. Reg. 1978, January 11, 2008.
SUMMARY: The
Environmental Protection Agency (EPA) amends the EPA Acquisition
Regulation (EPAAR) to add policy, procedures, and contract clauses for
the use of award term incentives. This rule makes two administrative
changes to the EPAAR. One change is to reflect the Civilian Board of
Contract Appeals as EPAs new forum for appeals under the Contract
Disputes Act of 1978. The other change corrects a numbering error in
Subpart 1516.4.
Dates: This final rule is effective on February 11,
2008.
FDIC-Minority and Women Outreach
Program Contracting, Notice of proposed rulemaking, 73 Fed. Reg.
4520, January 03, 2007.
SUMMARY: This proposal would amend
existing FDIC regulations regarding the FDICs contracting activities
under its Minority and Women Outreach Program (MWOP). These are
relatively minor amendments designed to eliminate several provisions
rendered obsolete by significant reductions in FDIC contracting
activities and decreases in FDIC staff to monitor the contracting
activities of Minority and Women- Owned Businesses (MWOBs).
Dates: Comments must be received on or before March 3,
2008.
SBA-Women-Owned
Small Business Federal Contract Assistance Procedures, Proposed
rule, 72 Fed. Reg. 73285, December 27, 2007.
SUMMARY:
The U.S. Small Business Administration (SBA) proposes to amend its
regulations governing small business contracting procedures. This
proposed rule would add a new part that would implement procedures to
increase procurement opportunities for Women-Owned Small Business
Concerns, as authorized under the Small Business Act. It would also make
the relevant conforming amendments to SBA’s current procurement
regulations.
DATES: Comments must be received on or before February
25, 2008.
Delegations of Lease Acquisition
AuthorityNotification, Usage, and Reporting Requirements for General Purpose,
Categorical, and Special Purpose Space Delegations, Notice of Bulletin, 72
Fed. Reg. 65026, November 19, 2007.
SUMMARY: The Government
Accountability Office and the General Services Administration Office of
Inspector General have reported that some Federal agencies using the delegated
leasing authority issued to Federal agencies on September 25, 1996, are not
following properly the instructions specified as a condition for use of the
leasing delegation. The attached bulletin re-emphasizes and updates the
conditions, restrictions and reporting requirements specified in the delegation
of authority and its supporting information. This bulletin is in keeping with
the spirit of Executive Order 13327, “Federal Real Property Asset Management,”
to maximize the increased governmentwide emphasis on real property inventory
management. The Federal Management Regulation and any associated documents may
be accessed at GSAs Web site at http:// www.gsa.gov/fmr. Click on FMR Bulletins.
Department of State Acquisition
Regulation, Proposed rule, 72 Fed. Reg. 64980, November 19, 2007.
SUMMARY: This proposed rule will add a contract clause to implement
the requirements of Homeland Security Presidential Directive 12 (HSPD12),
Policy for a Common Identification Standard for Federal Employees and
Contractors; Federal Information Processing Standards Publication (FIPS PUB)
Number 201, Personal Identity Verification (PIV) of Federal Employees and
Contractors; and associated OMB guidance M0524 (August 5, 2005).
Dates: The Department will accept comments from the public up to
January 18, 2008.
Defense Acquisition Regulations
System, Waiver of 10 U.S.C. 2534 for Certain Defense Items Produced in the
United Kingdom, 72 Fed. Reg. 61327, October 30, 2007.
SUMMARY:
The Under Secretary of Defense (Acquisition, Technology, and Logistics) is
waiving the limitation of 10 U.S.C. 2534 for certain defense items produced in
the United Kingdom (UK). 10 U.S.C. 2534 limits DoD procurement of certain items
to sources in the national technology and industrial base. The waiver will
permit procurement of enumerated items from sources in the UK, unless otherwise
restricted by statute.
EFFECTIVE DATE: This waiver is effective for one year, beginning
November 14, 2007.
HUD Acquisition Regulation (HUDAR) Debarment and
Suspension Procedures, Final rule, 72 Fed. Reg. 61270, October 29, 2007.
SUMMARY: This rule amends HUD’s Acquisition Regulation (HUDAR)
to codify the suspension and debarment procedures applicable to HUD’s
procurement contracts. Such an amendment affirms that the suspension and
debarment procedures in 24 CFR part 24 apply to both procurement and
nonprocurement contracts. The contracting community is familiar with the
suspension and debarment procedures in part 24, and this rule is limited to
amending the HUDAR regulations to reflect the applicability of these
requirements to procurement contracts. This final rule follows a July 17, 2007,
proposed rule. HUD received no public comments on the proposed rule. This final
rule adopts the proposed rule without change.
Dates: Effective Date: November 28, 2007.
Forest Service-Sale and Disposal of National Forest
System Timber; Modification of Timber Sale Contracts in Extraordinary
Conditions; Noncompetitive Sale of Timber, Final rule, 72 Fed. Reg. 59187,
October 19,2007.
SUMMARY: This final rule revises regulations at
Title 36, Code of Federal Regulations, part 223, on noncompetitive disposal of
timber and other forest products based on the Secretary of Agricultures
determination that extraordinary conditions exist. A notice with request for
comment on an interim final rule was published in the Federal Register on June
16, 2006. The Forest Service made appropriate changes to the rule in response to
the public comments.
Dates: This rule is effective November 19, 2007.
Bureau of Industry and Security-Mandatory Electronic
Filing of Export and Reexport License Applications, Classification Requests,
Encryption Review Requests, and License Exception AGR Notifications. Proposed
rule, 72 Fed. Reg. , October 19, 2007.
SUMMARY: This proposed
rule would require that export and reexport license applications, classification
requests, encryption review requests, License Exception AGR notifications and
related documents be submitted to the Bureau of Industry and Security (BIS) via
its Simplified Network Application Process (SNAPR) system. This requirement
would not apply to applications for Special Comprehensive Licenses or in certain
situations in which BIS would authorize paper submissions.
Dates: Comments must be received by December 18, 2007.
EPA-Acquisition Regulation: Guidance on Use of Award
Term Incentives; Administrative Amendments, Proposed rule, 72 Fed. Reg.
56708, October 04, 2007.
SUMMARY: The Environmental Protection
Agency (EPA) is proposing to amend the EPA Acquisition Regulation (EPAAR) to add
policy, procedures, and contract clauses for the use of award term incentives.
This rule makes two administrative changes to the EPAAR. One change is to
reflect the General Services Board of Contract Appeals as EPA’s new forum
for appeals under the Contract Disputes Act of 1978. The other change corrects a
numbering error in Subpart 1516.4.
Dates: Comments must be received on or before December 3, 2007.
USAID Acquisition Regulations, Final rule, 72
Fed. Reg. 53161, September 18, 2007.
SUMMARY: This final rule
amends the USAID acquisition regulation to add two new parts and four new
sections in existing parts of the regulation, as more fully discussed in the
Supplementary Information. USAID proposed these amendments in the proposed rule
published on November 4, 1998, as AIDAR Notice 982.
Dates: Effective Date: October 18, 2007.
Department of
State, Acquisition Regulation, Final rule, 72 Fed. Reg. 51568, September 10,
2007.
SUMMARY: This final rule adds a solicitation provision and
contract clause to the Department of State Acquisition Regulation (DOSAR) to
implement Department of State requirements regarding security issues for
information technology systems, as required by the Federal Information Security
Management Act of 2002 (FISMA).
Dates: Effective Date: This rule is effective September 10,
2007.
SBA-Small Business Size Standards; Adoption of 2007
North American Industry Classification System for Size Standards, Proposed
rule, 72 Fed. Reg. 49669, August 29, 2007.
SUMMARY: The U.S.
Small Business Administration (SBA) proposes to amend its Small Business Size
Regulations by incorporating the Office of Management and Budgets (OMB) 2007
modifications to the North American Industry Classification System (NAICS) in
its table of small business size standards. These modifications are few in
number and result in revisions to size standards for three industries and four
activities within other industries.
SBA believes that this proposal is routine
and non-controversial, and the Agency anticipates no significant adverse
comment. Therefore, SBA is publishing concurrently in this issue of the Federal
Register a direct final rule to expedite modifying its Small Business Size
Regulations as described in this proposed rule. If SBA receives any significant
adverse comment to the direct final rule, it will withdraw it, and consider
those comments in connection with this proposed rule.
Dates: SBA must receive comments to this proposed rule on or
before September 28, 2007.
SBA-Adoption of 2007 North American Industry
Classification System for Size Standards, Direct final rule, 72 Fed. Reg.
49639, August 29, 2007.
SUMMARY: The U.S. Small Business
Administration (SBA) is amending its Small Business Size Regulations by
incorporating the Office of Management and Budgets (OMB) 2007 modifications of
the North American Industry Classification System (NAICS) in its table of small
business size standards. These modifications are few in number and result in
revisions to size standards for three industries and four activities within
other industries.
SBA believes that this rule is routine and non-controversial,
and the Agency anticipates no significant adverse comment. If SBA receives a
significant adverse comment, it will withdraw the rule. SBA is publishing
concurrently in this issue of the Federal Register a proposed rule to achieve
the same result, that is, to modify its Small Business Size Regulations as
contemplated in this direct final rule.
Dates: This rule is effective October 1, 2007, without further
action, unless SBA receives a significant adverse comment by September 28, 2007.
If SBA receives any significant adverse comments, the Agency will publish a
timely withdrawal of this rule in the Federal Register.
Department of
State Acquisition Regulation; Technical Amendments, Final rule, 72 Fed. Reg.
45694, August 15, 2007.
SUMMARY: This final rule makes editorial
corrections and minor changes to the Department of State Acquisition Regulation
(DOSAR). No proposed rule was issued as these corrections and changes do not
affect the general public; therefore, prior public comment is not required per
Federal Acquisition Regulation (FAR) 1.301(b).
Dates: Effective Date: This rule is effective August 15, 2007.
Federal Highway Administration, Design-Build
Contracting, Final rule, 72 Fed. Reg. 45329, August 14, 2007.
SUMMARY: The FHWA is amending its regulations for design-build
contracting as mandated by section 1503 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEALU). This rule
will allow State transportation departments or local transportation agencies to
issue request-for-proposal documents, award contracts, and issue
notices-to-proceed for preliminary design work prior to the conclusion of the
National Environmental Policy Act (NEPA) process.
EFFECTIVE DATE: September 13, 2007.
Office of Federal Contract Compliance Programs,
Affirmative Action and Nondiscrimination Obligations of Contractors and
Subcontractors Regarding Disabled Veterans, Recently Separated Veterans, Other
Protected Veterans, and Armed Forces Service Medal Veterans, Final rule, 72
Fed. Reg. 44393,n August 08, 2007,
SUMMARY: The Office of Federal
Contract Compliance Programs (OFCCP) is publishing a new set of regulations to
implement the amendments to the affirmative action provisions of the Vietnam Era
Veterans Readjustment Assistance Act of 1974 (“VEVRAA”) that were
made by the Jobs for Veterans Act (“JVA”) enacted in 2002. The JVA
amendments raised the threshold dollar amount of the Government contracts that
are subject to the affirmative action provisions of VEVRAA, changed the
categories of veterans protected by the law, and changed the manner in which the
mandatory job listing requirement is to be implemented. The final regulations
published today apply only to covered Government contracts entered into or
modified on or after December 1, 2003. The existing VEVRAA implementing
regulations found in 41 CFR part 60250 will continue to apply to Government
contracts entered into before December 1, 2003.
Dates: Effective Date: These regulations are effective September
7, 2007.
SBA-Small Business Size Standards;
Calculation of the Number of Employees, Proposed rule, 72 Fed. Reg.
41239, July 27, 2007.
SUMMARY: The U.S. Small Business
Administration (SBA) proposes to change the way it calculates a
concern’s number of employees in determining its small business size
status. SBA proposes to alter the period used for calculating average
number of employees from the current method, which uses a rolling
average over the preceding 12 months, to an average over the last 3
completed calendar years. This proposal simplifies the calculation of
the average number of employees, reduces the burden on small businesses,
and better defines the size of a small business where number of
employees is the measure for the size standard.
DATES:
Comments must be received by SBA on or before September 25, 2007.
SBA-Implementation of OMB Guidance on Nonprocurement
Debarment and Suspension, Direct final rule, 72 Fed. Reg. 39727, July 20,
2007.
SUMMARY: The U.S. Small Business Administration (SBA) is
moving its regulations on nonprocurement debarment and suspension from their
current location in title 13 of the Code of Federal Regulations (CFR) to title 2
of the CFR, and is adopting the format established by the Office of Management
and Budget (OMB). This rule establishes a new 2 CFR part 2700 that adopts OMBs
final government-wide guidance on nonprocurement debarment and suspension and
contains supplemental SBA nonprocurement debarment and suspension provisions. In
addition, this rule removes the existing SBA nonprocurement debarment and
suspension regulations and makes a conforming change and minor procedural
clarifications. These changes constitute an administrative simplification that
makes no substantive change in SBA policy or procedures for nonprocurement
debarment and suspension. SBA is also amending a provision in its Rules of
Procedure Governing Cases Before the Office of Hearings and Appeals (13 CFR
134.102(p)) to update the reference to SBAs nonprocurement debarment and
suspension regulations.
Dates: Effective Date: This rule is effective September 18, 2007 without
further action.
HUD Acquisition Regulation (HUDAR) Debarment and
Suspension Procedures, Proposed rule, 72 Fed. Reg. 39286, July 17, 2007
SUMMARY: This rule proposes to amend HUDs Acquisition Regulation
(HUDAR) to codify the suspension and debarment procedures applicable to HUDs
procurement contracts. Such an amendment would affirm that the suspension and
debarment procedures in 24 CFR part 24 apply to procurement as well as
nonprocurement contracts. The contracting community is familiar with the
suspension and debarment procedures in part 24 and this rule is limited to
amending the HUDAR regulations to reflect the applicability of these
requirements to procurement contracts.
Dates: Comment Due Date: September 17, 2007.
Department of Homeland Security Acquisition
Regulation; One-Step Turnkey Design-Build Contracts for United States Coast
Guard (HSAR Case 2007002), Proposed rule, 72 Fed. Reg. 38548, July 13,
2007.
SUMMARY: The Department of Homeland Security (DHS) is
proposing to amend the Department of Homeland Security Acquisition Regulation
(HSAR) to incorporate the delegation of turnkey design-build authority from the
Secretary of Homeland Security to the United States Coast Guard. The rule is
necessary to implement changes resulting from section 205 of Public Law 109241.
Dates: Submit comments by August 13,
2007.
Board of Contract Appeals; BCA Case
2006-61-1; Rules of Procedure of the Civilian Board of Contract Appeals,
Civilian Board of Contract Appeals, Interim rule, 72 Fed. Reg.
36794, July 05, 2007.
SUMMARY: This document contains
the rules of procedure of the Civilian Board of Contract Appeals
(Board), which will govern all proceedings before the Board. The Board
was established within GSA by section 847 of the National Defense
Authorization Act for Fiscal Year 2006 to hear and decide contract
disputes between Government contractors and Executive agencies (other
than the Department of Defense, the Department of the Army, the
Department of the Navy, the Department of the Air Force, the National
Aeronautics and Space Administration, the United States Postal Service,
the Postal Rate Commission, and the Tennessee Valley Authority) under
the provisions of the Contract Disputes Act of 1978 and regulations and
rules issued thereunder. Effective January 6, 2007, boards of contract
appeals that existed at the General Services Administration and the
Departments of Agriculture, Energy, Housing and Urban Development,
Interior, Labor, Transportation, and Veterans Affairs were terminated,
and their cases were transferred to the new Civilian Board of Contract
Appeals. The Board has jurisdiction as provided by section 8(d) of the
Contract Disputes Act of 1978, 41 U.S.C. 607(d). In addition, the Board
will conduct proceedings as required or permitted under other statutes
or regulations. The Board intends to issue final, revised rules after
considering all comments on the interim rule.
DATES: Effective Date: This interim rule
is effective July 5, 2007.
Comment Date: Interested parties should submit written
comments to the Board of Contract Appeals on or before September 28,
2007, to be considered in the formulation of a final rule
OFPP-Cost Accounting Standards Board; Time and
Material and Labor Hour (T&M/LH) Contracts for Commercial Items , Final
rule.72 Fed. Reg. 36367, July 03, 2007.
SUMMARY: The Office
of Federal Procurement Policy, Cost Accounting Standards (CAS) Board, has
adopted, without change, a final rule to provide an exemption for T&M/LH
contracts for commercial items. This rulemaking is authorized pursuant to
Section 26 of the Office of Federal Procurement Policy Act.
Dates: Effective Date: July 3, 2007.
Postal Service-Rules of Practice
Before the Board of Contract Appeals, Final rule, 72 Fed. Reg.
35662, June 29, 2007.
SUMMARY: The Postal Service is
amending its rules regarding small claims (expedited) and accelerated
proceedings before the Board of Contract Appeals.
EFFECTIVE DATE: June 29, 2007.
NASA-Award Fee Administrative
Changes, Final rule, 72 Fed. Reg. 35666. June 29, 2007.
SUMMARY: This final rule makes administrative changes to the
NASA FAR Supplement (NFS) to clarify the requirements for award fee
evaluation factors and to add a requirement for a documented
cost/benefit analysis when an award fee contract is used.
EFFECTIVE DATE: This rule is effective June 29, 2007.
SEC-Amendments to Rules Regarding
Management’s Report on Internal Control Over Financial Reporting;
Final Rule, 72 Fed. Reg. 35310, June 27, 2007.
SUMMARY: We are adopting an amendment to our rules to clarify
that an evaluation which complies with the Commission’s
interpretive guidance published in this issue of the Federal Register in
Release No. 3455929 is one way to satisfy the requirement for
management to evaluate the effectiveness of the issuer’s internal
control over financial reporting. We are also amending our rules to
define the term material weakness and to revise the requirements
regarding the auditor’s attestation report on the effectiveness of
internal control over financial reporting. The amendments are intended
to facilitate more effective and efficient evaluations of internal
control over financial reporting by management and auditors.
DATES: Effective Date: August 27, 2007, except the
amendment to § 210.202T is effective from August 27, 2007 until
June 30, 2009.
SEC-Commission Guidance Regarding
Management’s Report on Internal Control Over Financial Reporting Under
Section 13(a) or 15(d) of the Securities Exchange Act of 1934; Final
Rule, Interpretation, 72 Fed. Reg. 35324, June 27, 2007.
SUMMARY: The SEC is publishing this interpretive release to
provide guidance for management regarding its evaluation and assessment
of internal control over financial reporting. The guidance sets forth an
approach by which management can conduct a top-down, risk-based
evaluation of internal control over financial reporting. An evaluation
that complies with this interpretive guidance is one way to satisfy the
evaluation requirements of Rules 13a-15(c) and 15d-15(c) under the
Securities Exchange Act of 1934.
DATES: Effective Date: June 27, 2007.
Department of State Acquisition
Regulation, Proposed rule 72 Fed. Reg. 35023, June 26, 2007.
SUMMARY: This proposed rule will add a new solicitation
provision and contract clause to implement Department of State
requirements regarding security issues for information technology
systems, as required by the Federal Information Security Management Act
of 2002 (FISMA).
DATES: The Department will accept comments from the public
up to 60 days from June 26, 2007.
OFPP-Cost Accounting Standards
Board (CAS) Changes to Acquisition Thresholds, Final rule, 72 Fed.
Reg. 32809, June 14, 2007.
SUMMARY: The Office of Federal
Procurement Policy, Cost Accounting Standards (CAS) Board, is revising
the threshold for the application of CAS to negotiated Government
contracts. This rulemaking is authorized pursuant to Section 26 of the
Office of Federal Procurement Policy Act. The Board is taking final
action on this topic in order to adjust the CAS applicability threshold
in accordance with Section 822 of the 2006 National Defense
Authorization Act (Pub. L. 109163). Section 822 amended 41 U.S.C.
422(f)(2)(A) to require that the threshold for CAS applicability be the
same as the threshold for compliance with the Truth in Negotiations Act
(TINA).
DATES: This final rule is effective June
14, 2007.
OFPP-Cost Accounting Standards
Board; Contract Clauses, Proposed rule, 72 Fed. Reg. 32829, June 14,
2007.
SUMMARY: The Cost Accounting Standards (CAS) Board
is proposing to add a clause for inclusion in CAScovered contracts and
subcontracts awarded to foreign concerns. The Board is taking this
action to provide a standard clause for use by Government and contractor
personnel in applying the CAS requirements to contracts and subcontracts
awarded to foreign concerns.
DATES: Interested parties should submit comments in
writing on or before August 13, 2007
USAID-Mentor-Protégé Program, Final
Rule, 72 Fed. Reg. 32540, June 13, 2007
SUMMARY: The
United States Agency for International Development (USAID) is issuing
this final rule to amend its acquisition regulations to formally
encourage USAID prime contractors to assist small business, including
veteranowned small business, service-disabled veteran-owned small
business, HUBZone, small socially and economically disadvantaged
business, and women-owned small business, in enhancing their
capabilities to perform contracts and subcontracts for USAID and other
Federal agencies. The program seeks to increase the base of small
business eligible to perform USAID contracts and subcontracts. The
program also seeks to foster long-term business relationships between
USAID prime contractors and small business entities and to increase the
overall number of small business entities that receive USAID contracts,
and subcontract awards.
Dates: Effective Date: This rule will take effect July
13, 2007.
OFPP-Cost Accounting Standards
Board (CAS); Applicability of Cost Accounting Standards Coverage, Final
rule, 72 Fed. Reg. 32546, June 13, 2007.
SUMMARY: The
Office of Federal Procurement Policy, Cost Accounting Standards (CAS)
Board, has adopted, without change from the interim rule, a final rule
revising the criteria applicable to United Kingdom (UK) contractors for
filing a Disclosure Statement, Form No. CASB DS-1. This rulemaking is
authorized pursuant to Section 26 of the Office of Federal Procurement
Policy
Act.
EFFECTIVE DATE: June 13, 2007
DOE-Acquisition Regulation:
Technical Revisions or Amendments to Update Clauses, Final rule, 72
Fed. Reg. 29431, May 29, 2007.
SUMMARY:DOE- The Department
of Energy (DOE) is amending the Department of Energy Acquisition
Regulation (DEAR) to remove clauses concerning simplified acquisition
procedures and facilities management contracting and to add a clause
addressing work authorization. This rule also revises associated
regulatory coverage, as necessary.
Dates: Effective Date: June 28, 2007.
NASA-Security Requirements for
Unclassified Information Technology (IT) Resources, Final rule, 72
Fed. Reg. 26560, May 10, 2007.
SUMMARY: NASA is amending
the clause at NASA FAR Supplement (NFS) 1852.204-76, Security
Requirements for Unclassified Information Technology Resources, to
reflect the updated requirements of NASA Procedural Requirements (NPR)
2810, “Security of Information Technology”. The NPR was
recently revised to address increasing cyber threats and to ensure
consistency with the Federal Information Security Management Act
(FISMA), which requires agencies to protect information and information
systems in a manner that is commensurate with the sensitivity of the
information processed, transmitted, or stored.
EFFECTIVE DATE: This final rule is
effective May 10, 2007
FEMA-Acquisition Regulation System;
Removal of Chapter 44, Final rule, 72 Fed. Reg. 20757, April 26,
2007.
SUMMARY: The Federal Emergency Management Agency
(FEMA) published a direct final rule that notified the public of its
intent to remove the FEMA Acquisition Regulation in its entirety. FEMA
did not receive any comments on the rule. Therefore, the rule will go
into effect as scheduled.
Dates: The effective date of the direct final rule
published March 2, 2007 (72 FR 9445) is confirmed as May 1, 2007
NASA Implementation of OMB Guidance
on Nonprocurement Debarment and Suspension, Final rule, 72 Fed. Reg.
19783, April 20, 2007.
SUMMARY: The National Aeronautics
and Space Administration (NASA) is issuing a new Part 1880 on
nonprocurement debarment and suspension in Title 2 of the Code of
Federal Regulations (CFR). This new part is NASA’s implementation of the
Office of Management and Budget’s (OMB) guidance provided at 2 CFR Part
180. In light of the new Part 1880, NASA is removing 14 CFR Part 1265
which contains the current NASA implementation of the government-wide
common rule on nonprocurement debarment and suspension. The new part in
2 CFR serves the same purpose as the common rule in a simpler way. This
final rule is part of OMB’s initiative to streamline and consolidate all
federal regulations on nonprocurement debarment and suspension. It is an
administrative simplification that makes no substantive change in NASA
policy or procedures for nonprocurement debarment and suspension.
EFFECTIVE DATE: This final rule is
effective April 20, 2007.
USAID Acquisition Regulations
(AIDAR), Final rule, 72 Fed. Reg. 19668, April 19, 2007.
SUMMARY: The U.S. Agency for International Development
(USAID) is amending its Agency for International Development Acquisition
Regulation (AIDAR) to: Remove all references to Office of Personnel
Management’s (OPM) obsolete Executive Service (ES 6) as the contract
employee salary threshold and replace with revised terminology; revise
the Medical Evacuation (MEDEVAC) Services clause and provisions by
deleting the requirement for contractors to purchase MEDEVAC services
insurance through a USAID centrally awarded contract; remove clause
752.7016 FAMILY PLANNING AND POPULATION ASSISTANCE ACTIVITIES (AUG
1986); and update the title of Office of Procurement (OP) to Office of
Acquisition and Assistance (OAA) throughout.
DATES: This rule is effective July 18, 2007 without
further action, unless adverse comment is received by May 21, 2007. If
adverse comment is received, USAID will publish a timely withdrawal of
the rule in the Federal Register. Submit comments on or before May 21,
2007.
DOD-Notice Pursuant
to Executive Order 12600 of Receipt of Freedom of Information Act (FOIA)
Requests for Access to the Central Contractor Registration (CCR)
Database, Notice, 72 Fed. Reg. 18637, April 13, 2007.
SUMMARY: This notice provides submitter’s notice pursuant to
Executive Order 12600 that the Department of Defense, Office of the
Secretary of Defense, Business Transformation Agency (BTA) has received
several FOIA requests for access to the Central Contractor Registration
(CCR) database. The CCR is an e-Gov initiative within the Integrated
Acquisition Environment (IAE) and serves as the core system for the
IAEs Business Partner Network (BRN). The Department of Defense manages
the CCR on behalf of the IAE. The primary objective of the CCR is to
provide a web-based application that provides a single source of vendor
information in support of the contract award and the electronic payment
process of the Federal Government. The CCR is also a registration system
for grants and assistance awards. The CCR has 194 data fields, some of
which are exempt from disclosure pursuant to Exemptions 2, and/or 4
and/or 6 of Freedom of Information Act (FOIA), 5 U.S.C. 552(b)(2),
(b)(4) & (b)(6). The following table contains a description of these
data fields and their exempt status.
Dates: Comments must be received on or before June 12,
2007. Do not submit comments directly to the point of contact or mail
your comments to any address other than what is shown below. Doing so
will delay the posting of the submission.
EPA EPAAR Prescription and
Solicitation Provision-EPA Green Meetings and Conferences, Final
rule, 72 Fed. Reg. 18401, April 12, 2007.
SUMMARY: EPA
is revising the EPA Acquisition Regulation (EPAAR) to establish policy
and procedures for acquiring environmentally preferable meeting and
conference services. This EPAAR revision adds a prescription and
solicitation provision that Agency employees are required to use when
soliciting quotes or offers for meeting and conference space and
services. The solicitation provision requires meeting and conference
venues to provide EPA with information about environmentally preferable
features and practices in use at their facilities. As stated in the
Federal Acquisition Regulation (FAR), environmentally preferable
products and services are those “that have a lesser or reduced
effect on human health and the environment when compared with competing
products or services that serve the same purpose.” The intent of
this rule is to ensure that environmental preferability is considered in
each purchase of commercial meeting and conference services, which
furthers the EPA mission to protect human health and the environment.
This action revises the EPAAR, but does not impose any new requirements
on Agency contractors. The procedure requires Agency employees to
request information from prospective meeting venues about their
environmentally preferable (green) practices for consideration in the
award decision, thus encouraging the industry to adopt more of these
practices so that we will be more likely to do business with them. This
rule imposes no requirement or standard that a facility must meet in
order to do business with us.
DATES: This final rule is effective on
May 1, 2007
OFPP-Determination of Executive
Compensation Benchmark Amount Pursuant to Section 39 of the Office of
Federal Procurement Policy (OFPP) Act (41 U.S.C. 435), as Amended,
Notice, 72 Fed. Reg. 14300, March 27, 2007.
SUMMARY:
The Office of Management and Budget (OMB) is hereby publishing the
attached memorandum to the heads of executive departments and agencies
concerning the determination of the maximum benchmark compensation
amount that will be allowable under government contracts during
contractors’ FY 2007-$597,912. This determination is required under
Section 39 of the Office of Federal Procurement Policy (OFPP) Act (41
U.S.C. 435), as amended. The benchmark compensation amount applies
equally to both defense and civilian procurement agencies.
FEMA Acquisition Regulation
System; Removal of Chapter 44, Direct final rule, 72 Fed. Reg. 9445, March 2, 2007.
SUMMARY: This direct final rule removes
the Federal Emergency Management
Agency Acquisition Regulation in its
entirety. This removal is a result of the
establishment of the Department of
Homeland Security and its subsequent
Homeland Security Acquisition
Regulation supplement to the Federal
Acquisition Regulation.
Dates: This rule is effective May 1,
2007, unless adverse comment is
received by April 2, 2007. If adverse
comment is received, FEMA will
publish a timely withdrawal of the rule
in the Federal Register.
USAID Direct Contracts for Personal
Services, Proposed rule, 72 Fed. Reg. 6812, February 13, 2007.
SUMMARY: The U.S. Agency for International Development
(USAID) is proposing to consolidate its regulations on USAID Direct
Contracts for all types of Personal Services into one Appendix. This
will clarify and consolidate all regulations for personal services
contracts and will eliminate the need for having to refer to multiple
sources. This new Appendix A will replace Appendix D-Direct USAID
Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal
Services Abroad, and Appendix J-Direct USAID Contracts with a
Cooperative Country National and with a Third Country National for
Personal Services Abroad. Appendix A will also incorporate all the
regulations and policies currently contained in Contract Information
Bulletins (CIBs) and Acquisition and Assistance Directives (AAPDs). This
will eliminate the need to refer to two different appendices and other
sources for regulations and policies on personal services contracting.
This Appendix will be divided into four
parts-one part containing provisions for all types of Personal Services
Contracts (PSCs), the second part for U.S. PSCs only, the third part for
Third-Country National (TCN) PSCs only, and the fourth part for
Cooperating Country National (CCN) PSCs, also known as Foreign Service
National (FSN) PSCs only. The USPSC part will identify the provisions
for U.S. nationals working in AID/W and those posted overseas. In
addition, all nonregulatory information such as procedures and guidance
currently contained in Appendices D and J will be removed and
incorporated into USAID’s internal policy manual-the automated
directives system (ADS). We believe this separation of regulations and
policies from the procedures and guidance on personal services
contracting will clarify and consolidate the regulatory requirements.
DATES: Submit comments on or before
April 16, 2007.
GSAR Case 2006-G522, Federal Supply
Schedule Contracts-Recovery Purchasing by State and Local Governments
Through Federal Supply Schedules, Interim rule, 72 Fed. Reg. 4649,
February 01, 2007.
SUMMARY: The General Services
Administration (GSA) is amending the General Services Administration
Acquisition Regulation (GSAR) to implement Section 833 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L.
109 364). Section 833 amends 40 U.S.C. 502 to authorize the
Administrator of General Services to provide to State and local
governments the use of Federal Supply Schedules of the GSA for purchase
of products and services to be used to facilitate recovery from a major
disaster, terrorism or nuclear, biological, chemical, or radiological
attack.
DATES: Effective Date: February 1, 2007. Comment
Date: Interested parties should submit comments in writing to the
Regulatory Secretariat at the address shown below on or before April 2,
2007 to be considered in the formulation of a final rule.
SBA-HUBZone and Government
Contracting, Proposed rule, 72 Fed. Reg. 3750, January 26, 2005.
SUMMARY: This rule proposes to amend the U.S. Small Business
Administration’s (SBA or Agency) Historically Underutilized
Business Zone (HUBZone) program’s definition of the term
“employee.” SBA believes that the proposed amendment will
simplify the existing definition and increase employment of HUBZone
residents.
DATES: Comments must be received on or before February 26,
2007.
Agency for International
Development, Key Subcontractor Consent Requirements, Advanced notice
of proposed rulemaking, 72 Fed. Reg. 3778, January 26, 2006.
SUMMARY: The United States Agency for International
Development is proposing to amend 48 CFR Chapter 7, the USAID
Acquisition Regulation (AIDAR), by adding additional authority to
monitor prime contractor compliance with subcontracting plans. The
intent of this amendment is to provide the contracting officer a means
for monitoring and assuring that subcontractors who were named in the
offeror’s proposal and whose contributions were evaluated as part of the
proposal evaluation are in fact used in the contract.
DATES: Submit comments on or before March 27, 2007
HUBZone Program; Correction, 72 Fed.
Reg. 3040, January 24, 2007
SUMMARY: This document
contains a correction to the final regulations which were published in
the Federal Register of May 24, 2004. The regulations amended several
definitions and made procedural and technical amendments to cover the
U.S. Small Business Administrations (SBA) HUBZone, size and government
contracting programs. This rule also inadvertently included two
provisions that except for one word are substantively similar. SBA is
removing one of these two provisions to eliminate the confusion.
Dates: Effective January 24, 2007.
Department of the Navy Acquisition
Regulations, Continuous Process Improvements (CPI), Advance notice of
proposed rulemaking, 72 Fed. Reg. 2250, January 18, 2007.
SUMMARY: The Deputy for Acquisition Management, Office of the
Assistant Secretary of the Navy (Research, Development and Acquisition)
is issuing this advance notice of proposed rulemaking (ANPR) to solicit
comments that can be used to assist the Department of the Navy (DON) in
drafting a proposed Navy Marine Corps Acquisition Regulation Supplement
contract clause or statement of work requirements that will incentivize
contractors to pursue and implement CPI on DON major defense contracts.
In particular, the primary focus will be to incentivize proactive
business process improvement activities that identify increased
efficiencies, cost avoidance, and cost savings, and provide the greatest
motivation for contractors to share related savings with the DON to the
maximum extent practicable.
DATES: Comment Date: Interested parties should submit
comments on or before March 19, 2007, to be considered in the
formulation of any proposed rule.
DOE-Nonprocurement Debarment and
Suspension, Final rule, 71 Fed. Reg. 70457, December 05, 06.
SUMMARY: The Department of Energy (DOE) is moving its
regulations on nonprocurement debarment and suspension from their
current location in title 10 of the Code of Federal Regulations (CFR) to
title 2 of the CFR, and is adopting the format established by the Office
of Management and Budget (OMB) in a notice of interim final guidance on
nonprocurement debarment and suspension published in the Federal
Register on August 31, 2005. In todays rule, DOE establishes a new 2
CFR part 901 that adopts OMBs final government-wide guidance on
nonprocurement debarment and suspension and contains supplemental DOE
nonprocurement debarment and suspension provisions. In addition, this
rule removes 10 CFR part 606, the existing DOE nonprocurement debarment
and suspension regulations, and makes a conforming change to 10 CFR part
600. These changes constitute an administrative simplification that
makes no substantive change in DOE policy or procedures for
nonprocurement debarment and suspension.
DATES: Effective Date: This final rule is
effective on December 5, 2006.
Department of the
Army, Claims Against the United States, Final rule, 71 Fed. Reg.
69360, November 30, 2006.
SUMMARY: The Department of the
Army is publishing as a final rule an amendment to its regulations to
reflect a substantial revision of AR 27-20, an Army publication which
governs the processing of claims worldwide. The purpose of this revision
is to make AR 27-20 clearer and easier to use, after years of piecemeal
amendments. This rewrite also ensures that AR 27-20 is in keeping with
current statutes, legal opinions and Department of Justice guidance
pertaining to claims processing. This updated rule will expedite payment
of meritorious claims throughout the world.
Dates: Effective date: January 2, 2007.
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE
BLIND OR, SEVERELY DISABLED, AbilityOne Program, Final rule 71 Fed.
Reg. 68492, November 27, 2006.
SUMMARY: The Committee for
Purchase From People Who Are Blind or Severely Disabled (the Committee)
has deliberated and voted to change the name of the JWOD Program to the
AbilityOne Program. The name of the program is being changed to
AbilityOne to give a stronger, more unified identity to the program and
to show a connection between the program name and the abilities of those
who are blind or have other severe disabilities.
DATES: Effective Date: November 27,
2006.
AGENCY FOR INTERNATIONAL
DEVELOPMENT, Mentor-Protégé Program, Proposed rulemaking,
71 Fed. Reg. 67518, November 22, 2006.
SUMMARY: The
United States Agency for International Development (USAID) is proposing
to amend its acquisition regulations to formally encourage USAID prime
contractors to assist small disadvantaged firms certified by the Small
Business Administration under Section 8(a) of the Small Business Act,
other small disadvantaged business, Historically Black Colleges and
Universities and other minority institutions of higher learning, and
women-owned small business in enhancing their capabilities to perform
contracts and subcontracts for USAID and other Federal agencies. The
program seeks to provide a Mentor- Protégé Program that
assists qualified small business to receive developmental assistance
from USAID prime contractors in order to increase the base of small
business eligible to perform USAID contracts and subcontracts. The
program also seeks to foster long-term business relationships between
USAID prime contractors and small business entities and minority
institutions of higher learning and to increase the overall number of
small business entities and minority institutions that receive USAID
grants, cooperative agreements, contracts, and subcontract awards.
DATES: : Written comments on the proposed rulemaking must
be received on or before December 8, 2006
Small Business Size Regulations;
Size for Purposes of Government-Wide Acquisition Contracts, Multiple
Award Schedule Contracts and Other Long- Term Contracts; 8(a) Business
Development/Small Disadvantaged Business; Business Status
Determinations, Final rule, 71 Fed. Reg. 66434, November 15,
2006.
SUMMARY: The U.S. Small Business Administration (SBA
or Agency) is amending its regulations to address the time at which size
is determined for the purposes of long-term federal contracts including
Government-Wide Acquisition Contracts (GWACs), the General Services
Administration (GSA) Multiple Award Schedule (MAS) contracts and
multi-agency contracts (MACs). SBA is also amending its 8(a) Business
Development regulations to address when a business concern may receive
orders as an 8(a) program participant under GSA’s MAS Program and
other multiple award contracts. This final action is necessary to ensure
that small business size status is accurately represented and reported
over the life of these long-term Federal contracts.
Dates: Effective Date: This rule is effective June 30,
2007, and applies to solicitations and contracts issued after the
effective date, as well as contracts and solicitations in existence at
the time of the effective date.
Small Business Size Standards:
Waiver of the Nonmanufacturer Rule,
ACTION: Notice of denial to waive
the Nonmanufacturer Rule for Personal Computers. 71 Fed. Reg. 66214,
November 13, 2006.
SUMMARY: The U.S. Small Business
Administration (SBA) is denying a request for a waiver of the
Nonmanufacturer Rule for Personal Computers based on our discovery of
small business manufacturers for this class of product. Denying this
waiver will require recipients of contracts set aside for small
businesses, servicedisabled veteran-owned small businesses, or SBA’s
8(a) Business Development Program to provide the products of small
business manufacturers or processors on such contracts.
DATE: This notice of denial is effective November 28, 2006.
NASA Implementation of Earned
Value Management (EVM), Interim rule, 71 Fed. Reg. 66120, November
13, 2006.
SUMMARY: This interim rule revises the NASA FAR
Supplement (NFS) to implement the Federal Acquisition Regulation (FAR)
EVM coverage issued in Federal Acquisition Circular (FAC) 2005-11.
Dates: Effective date: This interim rule is effective
November 13, 2006.
Comment date: Interested parties should submit
comments to NASA at the address below on or before January 12, 2007 to
be considered in formulation of the final rule.
USAID Acquisition Regulation, Application of Post
Differential and Danger Pay Allowances To Extended Workweeks Under Cost-
Reimbursement Type Contracts, Proposed rule, 71 Fed. Reg. 6229, October
24, 2006.
SUMMARY: The U.S. Agency for International
Development (USAID) is proposing to amend its regulations by adding how
Post-differential and Danger pay allowances will be applied to extended
DATES: Submit comments on or before December 26, 2006.
NASA-Cross-Waiver of Liability, Notice of
proposed rulemaking, 71 Fed. Reg. 62061, October 23, 2006.
SUMMARY: The National Aeronautics and Space Administration (NASA)
is proposing to amend part 1266 of Title 14 to update and ensure consistency
in the use of cross-waiver of liability provisions in NASA agreements. Part
1266 provides the regulatory basis for cross-waiver provisions used in the
following categories of NASA mission agreements: Agreements for activities
in connection with the “Agreement Among the Government of Canada,
Governments of Member States of the European Space Agency, the Government of
Japan, the Government of the Russian Federation, and the Government of the
United States of America concerning Cooperation on the Civil International
Space Station” (commonly referred to as the ISS
Intergovernmental Agreement, or IGA); agreements for use of the Space
Shuttle; and agreements for NASA’s science and space exploration
missions that are launched on Expendable Launch Vehicles (ELVs). Among other
generally clerical amendments to this Part, NASA is proposing to delete the
subsection regarding the cross-waiver of liability during Space Shuttle
operations and expand the scope of the ELV provision to encompass Reusable
Launch Vehicles (RLVs) as well as other users of the same launch vehicle
during the same launch.
Comment Date: Comments due on or before November 22, 2006.
NASA-Small Business Innovation Research
(SBIR) and Small Business Technology Transfer (STTR) Contractor
Recertification of Program Compliance, Final rule, 71 Fed. Reg. 61687,
October 19,2006.
SUMMARY:This rule adopts the proposed rule
published in the Federal Register on September 30, 2005 as final with minor,
non-substantive editorial changes. The final rule amends the NASA FAR
Supplement (NFS) to include a requirement for NASA’s Small Business
Innovation Research (SBIR) and the Small Business Technology Transfer (STTR)
program contractors to complete a recertification of program compliance
prior to final payment. This requirement is being established to facilitate
the Government’s ability to hold contractors accountable for
compliance with Federal statute, regulation, and requirements associated
with the SBIR and STTR programs. In addition, the final rule corrects the
following in the proposed rule: Revises the section numbering of the
prescription identified in NFS 1832.12 of the proposed rule from NFS
1832.1200 to NFS 1819.7302(f); revises the numbering of the clause from NFS
1852.232-83 in the proposed rule to NFS 1852.219-85 in the final rule; makes
minor revisions to conform clause titles with those in the clause
prescriptions; revises the Supplementary Information, Paragraph B.
Regulatory Flexibility Act to expand the justification that the rule does
not have a significant economic impact on small entities; and makes other
minor editorial corrections.
DATES: Effective Date: October 19, 2006.
OFCCP-Affirmative Action and
Nondiscrimination Obligations of Contractors and Subcontractors; Equal
Opportunity Survey, Final rule, 71 Fed. Reg. 53042, September 08,
2006.
SUMMARY: The Office of Federal Contract Compliance
Programs (OFCCP) is publishing a final rule rescinding the Equal
Opportunity Survey (EO Survey) requirement in order to more effectively
focus enforcement resources and eliminate a regulatory requirement that
fails to provide value to either OFCCP enforcement or contractor
compliance. This rule allows OFCCP to better direct its resources for
the benefit of victims of discrimination, the government, contractors,
and taxpayers.
DATES: Effective Date: September 8,
2006.
DOE-Federal Energy Management
Program; Standard for Premium Energy Efficient Electric Motors for
Federal Acquisition, Final determinatiopn, 71 Fed. Reg. 47791,
August 18, 2006.
SUMMARY: The Energy Policy Act of 2005
(EPAct 2005) requires that in the case of electric motors of 1 to 500
horsepower, Federal agencies shall select and purchase only premium
efficient motors that meet a specification designated by the Secretary
of Energy (Secretary). DOE today designates the specifications developed
by the Federal Energy Management Program (FEMP) under Executive Order
13123 as the specification for premium efficient motors for purposes of
Federal purchasing. The specifications in todays final standard are
identical to those in a temporary standard published for public comment
on February 14, 2006. This final standard is consistent with standards
recommended by the National Electrical Manufacturers Association (NEMA),
the Consortium for Energy Efficiency (CEE) and other energy efficiency
groups.
DATES: The effective date of this notice is August 18,
2006.
NASA-Security Requirements for
Unclassified Information Technology (IT) Resources, Proposed rule,
71 Fed. Reg. 43408, August 01, 2006.
SUMMARY: NASA is
proposing to amend the clause at NASA FAR Supplement (NFS) 1852.20476,
Security Requirements for Unclassified Information Technology Resources,
to reflect the updated requirements of NASA Procedural Requirements
(NPR) 2810, “Security of Information Technology”. The NPR
was recently revised to address increasing cyber threats and to ensure
consistency with the Federal Information Security Management Act
(FISMA), which requires agencies to protect information and information
systems in a manner that is commensurate with the sensitivity of the
information processed, transmitted, or stored.
DATES: Comments should be submitted on or before October
2, 2006.
FPMR-Disposition of Seized,
Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property, Final
rule, 71 Fed. Reg. 41369, July 21, 2006.
SUMMARY: The
General Services Administration (GSA) is amending the Federal Property
Management Regulations (FPMR) by revising coverage on utilization,
donation, or disposal of abandoned and forfeited personal property and
moving it into the Federal Management Regulation (FMR). A
cross-reference is added to the FPMR to direct readers to the coverage
in the FMR. The FMR is written in plain language to provide agencies
with updated regulatory material that is easy to read and understand.
DATES: Effective Date: July 21, 2006.
SBA-The Women-Owned Small Business
Federal Contract Assistance Program, Proposed rule, 71 Fed. Reg.
34550, June 15, 2006.
SUMMARY: The U.S. Small Business
Administration (SBA) proposes to amend its regulations governing
SBA’s government contracting programs. This proposed rule would
add a new part to implement the Women-Owned Small Business Federal
Contract Assistance Program authorized under the Small Business
Reauthorization Act of 2000. It would also make the relevant conforming
amendments to SBA’s regulations.
DATES: Comments must
be received on or before July 17, 2006.
Department of Health and Human
Services-Acquisition Regulations, Proposed rule, 71 Fed. Reg. 30520,
May 26, 2006.
SUMMARY: The Department of Health and Human
Services proposes to amend its acquisition regulations (HHSAR) to make
administrative and editorial changes to reflect organizational title
changes resulting from Office of the Secretary (OS) and Operating
Division (OPDIV) reorganizations and to update or remove outdated text
and references. The intent of the proposal is to bring the HHSAR up to
date and to make the HHSAR consistent with the latest amendments to the
Federal Acquisition Regulations (FAR).
DATES: Comments must be received by
July 25, 2006.
NASA Grant and Cooperative
Agreement Handbook-Patent Rights and Rights in Data, CSC Programs, Final
rule, 71 Fed. Reg. 28774, May 18, 2006.
SUMMARY: This
final rule amends 14 CFR 1260.20(e), “Provisions,” and the
introductory paragraph to Exhibit E (Commercial Space Centers Program
Grants/Cooperative Agreements Intellectual Property) to clarify that the
“Patent Rights” and “Rights in Data-CSC
Program” special conditions in Exhibit E are to be used in all
grants or cooperative agreements awarded to Commercial Space Centers
(CSC) under the Space Development and Commercial Research (SDCR) Program
instead of (rather than in addition to) the general conditions for
Patent Rights ( 1260.28) and Rights in Data (§ 1260.30). In
addition, this final rule makes an administrative change to correct a
crossreference error in paragraph (e) of the general condition entitled,
“Patent Rights,” § 1260.28.
DATES: Effective Date: May 18, 2006.
Small Business Size Standards; Air Traffic
Control, Other Airport Operations, and Other Support Activities for Air
Transportation, Proposed rule, 71 Fed. Reg. 28604, May 17, 2006.
SUMMARY: The U.S. Small Business Administration (SBA)
proposes to increase the size standard for the Air Traffic Control
(North American Classification Systems (NAICS) 488111), Other Airport
Operations (NAICS 488119), and Other Support Activities for Air
Transportation (NAICS 488190) industries from $6.5 million in average
annual receipts to $21 million. The proposed revisions are being made to
better define the size of a small business in these industries based on
a review of industry characteristics.
DATES: Comments must be received by SBA on or before June 16, 2006.
DOE-Assistance Regulations, Final
rule, 71 Fed. Reg. 27158, May 09, 2006.
SUMMARY: The
Department of Energy (DOE) is adopting, with minor changes, the interim
final rule published on November 15, 2005, that established a new part
to the DOE assistance regulations and revised 10 CFR part 600, subpart A
to conform with the new part. The new part establishes policies and
procedures to implement the “other transactions” authority
granted to the Secretary of Energy by Section 1007 of the Energy Policy
Act of 2005. DOE is implementing this new authority through the award
and administration of technology investment agreements (TIAs).
DATES: Effective Date: This final rule is effective on July 10,
2006.
DOE-Acquisition Regulation: Implementation of
DOE’s Cooperative Audit Strategy for Its Management, Notice of
proposed rulemaking, 71 Fed. Reg. 26723, May 08, 2006.
SUMMARY: The Department of Energy (DOE) is proposing to amend
the Department of Energy Acquisition Regulation (DEAR) to revise and
expand policy and requirements for contractor internal audits, through
the use of DOE’s Cooperative Audit Strategy. The amendments would
ensure that internal contractor audits are conducted in a
manner that ensures reliability.
DATES: Comments should be submitted
on or before July 7, 2006.
Revision of Department of Homeland Security
Acquisition Regulation, Final rule, 71 Fed. Reg. 25759, May 02,
2006.
SUMMARY: This final rule adopts, with specified
changes, the interim rule establishing the Department of Homeland
Security Acquisition Regulation (HSAR). This regulation supplements the
Federal Acquisition Regulation (FAR) and provides a uniform
department-wide acquisition regulation for the Department of Homeland
Security (DHS). The HSAR provides specificity about the
Department’s organization, policies, procedures, and delegations
of authority. The FAR and HSAR apply to all DHS entities, except the
Transportation Security Administration (TSA).
DATES: This
rule is effective on June 1, 2006
DOE-Acquisition Regulation: Make-or-Buy Plans,
Final rule, 71 Fed. Reg. 16241, March 31, 2006.
SUMMARY: The Department of Energy (DOE) is amending the
Department of Energy Acquisition Regulation (DEAR) to revise its
requirements for contractor make-or-buy plans. The Department published
a Notice of Proposed Rulemaking on December 15, 2004, proposing to
eliminate its program requiring make or buy analyses and plans from its
management and operating (M&O) contractors.
DATES:
Effective Date: May 1, 2006.
DOT-Federal Transit Administration, Buy
America Requirements; Amendments to Definitions, Final rule, 71 Fed.
Reg. 14112, March 21, 2006.
SUMMARY: This final rule
amends 49 CFR Parts 661 and 663 as required by the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU) [Pub. L. 10959, August 10, 2005]. The Federal Transit
Administration (FTA) proposed certain changes to the Buy America
requirements on November 21, 2005 (70 FR 71246). This final rule
addresses fewer issues than were proposed in the Notice of Proposed
Rulemaking (NPRM) because of the complexity of a number of
recommendations and issues presented during the comment period. Thus,
FTA is publishing a final rule on those issues that received little or
no public comment. FTA will publish a new NPRM in the Federal Register
and hold a public meeting to address the issues raised in the NPRM
published on November 21, 2005, but not addressed herein. Thereafter,
FTA will publish a final rule with respect to such issues.
DATES: Effective Date: The effective date of this rule is March
21, 2006.
EPA-EPAAR Prescription and Clause—Simplified
Acquisition Procedures Financing, Proposed rule, 71 Fed. Reg. 12660,
March 13, 2006.
SUMMARY: EPA is proposing to revise the
EPA Acquisition Regulation (EPAAR) Subparts 1532 and 1552 to implement a
procedure for simplified acquisition procedures financing. This proposed
EPAAR revision will add a prescription and clause for contracting
officers to use when approving advance or interim payments on simplified
acquisitions. The proposed prescription and clause apply to commercial
item orders at or below the simplified acquisition threshold. This
action revises the EPAAR, but does not impose any new requirements on
Agency contractors. The procedure will allow contractors to invoice for
advance and interim payments in accordance with standard commercial
practices when authorized by the contracting officer and identified in
the clause payment schedule.
DATES: Interested parties
should submit comments in writing on or before May 12, 2006.
NASA-Safety and Health-Alternate I to Major
Breach of Safety or Security Clause, Final rule, 71 Fed. Reg. ,
February 22, 2006.
SUMMARY: This rule adopts as final,
with a minor editorial change, the proposed rule published in the
Federal Register (70 FR 33726-33727) on June 9, 2005. This final rule
amends the NASA FAR Supplement (NFS) to add Alternate I to the
“Major Breach of Safety or Security” clause. Alternate I
deletes references to termination for default and makes other changes to
be consistent with the FAR termination clauses prescribed for use with
educational or nonprofit institutions performing research and
development work on a nonprofit or nofee basis, and in contracts for
commercial items.
EFFECTIVE DATE: February 22, 2006.
Criminal
Jurisdiction Over Civilians Employed by or Accompanying the Armed Forces
Outside the United States, Service Members, and Former Service Members,
Final rule, 71 Fed. Reg. , February 22, 2006.
SUMMARY:
Chapter 212 of title 18, United States Code (Military Extraterritorial
Jurisdiction Act of 2000 (MEJA)) establishes Federal criminal
jurisdiction over whoever engages in conduct outside the United States
that would constitute an offense punishable by imprisonment for more
than one year (i.e., a felony offense) while employed by or accompanying
the Armed Forces outside the United States, certain members of the Armed
Forces subject to the Uniform Code of Military Justice (Chapter 47 of
title 10, United States Code), and former members of the Armed Forces.
This rule is established to correspond with the Department of Defense
Instruction 5525.11, “Criminal Jurisdiction Over Civilians
Employed By or Accompanying the Armed Forces Outside the United States,
Certain Service Members, and Former Service Members,” that the
Deputy Secretary of Defense approved on March 3, 2005.
DATES: Effective: March 3, 2005.
GSA-Acquisition Regulation; GSAR Revision
Initiative, Advance notice of proposed rulemaking with request for
comments, 71 Fed. Reg. 7910, February 15, 2006.
SUMMARY: The General Services Administration (GSA) is
requesting comments from both Government and industry on areas in which
the General Services Administration Acquisition Regulation (GSAR) can be
revised to improve clarity and simplify procedures.
DATES: Interested parties should submit comments in writing
on or before April 17, 2006 to be considered in the formulation of a
proposed rule.
NASA-Change in Definition of Head of the
Contracting Activity, Final rule, 71 Fed. Reg. 7873, February 15,
2006.
SUMMARY: This final rule amends the NASA FAR
Supplement (NFS) by revising the definition for “Head of the
contracting activity (HCA).”
DATES: Effective Date: February 15, 2006.
OFCCP-Affirmative Action and Nondiscrimination
Obligations of Contractors and Subcontractors Regarding Protected
Veterans; Correction, 71 Fed. Reg. 6213, February 07, 2006.
SUMMARY: This document contains a correction to the Office of
Federal Contract Compliance Programs (OFCCP) final regulations
implementing the affirmative action provisions of the Vietnam Era
Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), which were
published in the Federal Register on December 1, 2005. Those final
regulations, among other things, incorporate the changes to VEVRAA that
were made by the Veterans Employment Opportunities Act of 1998 and the
Veterans Benefits and Health Care Improvement Act of 2000.
EFFECTIVE
DATE: February 7, 2006.
OFPP-Cost Accounting Standards Board;
Accounting for Insurance Costs AGENCY: Cost Accounting Standards Board,
Staff discussion paper., 71 Fed. Reg. 4335, January 26, 2006.
SUMMARY: The Cost Accounting Standards (CAS) Board, Office
of Federal Procurement Policy, invites public comments on the staff
discussion paper (SDP) regarding CAS 416, “Accounting for
Insurance Costs.” In particular, this staff discussion paper
addresses the use of the term “catastrophic losses” in CAS
416-50(b)(1).
DATES: Comments must be in writing and must be received by
March 27, 2006.
OFCCP-Affirmative Action and Nondiscrimination
Obligations of Contractors and Subcontractors; Equal Opportunity Survey,
Notice of proposed rulemaking, 71 Fed. Reg. 3374, January 20,
2006.
SUMMARY: The Office of Federal Contract Compliance
Programs (OFCCP) commissioned two studies to determine whether data
submitted by contractors in response to the Equal Opportunity Survey (EO
Survey) could be used to develop an effective and efficient tool to
target those contractors most likely to be discriminating. The first
study failed to find a correlation between the predictive variables
generated from the EO Survey and determinations of noncompliance. The
second study showed that the EO Survey did not provide sufficiently
useful data for enforcement targeting purposes. In light of these
findings, together with a review of both the costs associated with the
EO Survey and the utility of the EO Survey in accomplishing any of its
stated objectives, OFCCP is proposing to remove the current requirement
for nonconstruction federal contractors to file the EO Survey under
Section 60 2.18. This proposed change is intended to more effectively
focus enforcement resources and to eliminate a regulatory requirement
that fails to provide value to either OFCCP enforcement or contractor
compliance. OFCCP’s resources could be better directed for the benefit
of victims of discrimination, the government, contractors, and taxpayers.
DATES: Comments must be received on or before March 21,
2006.
OFCCP-Affirmative Action and Nondiscrimination
Obligations of Contractors and Subcontractors Regarding Disabled
Veterans, Recently Separated Veterans, Other Protected Veterans, and
Armed Forces Service Medal Veterans, Notice of proposed rulemaking,
71 Fed. Reg. 3352, January 20, 2006.
SUMMARY: The Office of
Federal Contract Compliance Programs (OFCCP) is proposing new
regulations to implement the amendments to the affirmative action
provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of
1974 (“VEVRAA”) that were made by the Jobs for Veterans Act
(“JVA”) enacted in 2002.
JVA amended VEVRAA by:
Raising the dollar amount of the Government contracts that are subject
to the requirements of VEVRAA; changing the categories of veterans
protected under the law; and changing the manner in which the mandatory
job listing requirement is to be implemented. The JVA amendments apply
to Government contracts entered into on or after December 1, 2003.
For the convenience of contractors, veterans, and other
interested parties, OFCCP proposes to publish the regulations
implementing the JVA amendments to VEVRAA in a new part. This proposed
rule would apply only to Government contracts entered into on or after
December 1, 2003. The existing VEVRAA implementing regulations will
continue to apply to Government contracts entered into before December
1, 2003. Contractors with Government contracts entered into both before,
and on or after December 1, 2003, would be subject to both the
requirements found in the existing VEVRAA implementing regulations and
the requirements in today’s proposal.
DATES: To be assured
of consideration, comments must be received on or before March 21, 2006
Federal Employees Health Benefits Acquisition
Regulation: Technical Amendments, Final rule, 71 Fed. Reg. 3015,
January 19, 2006.
SUMMARY: The Office of
Personnel Management (OPM) is issuing this final regulation to make
minor technical amendments to the Federal Employees Health Benefits
Acquisition Regulation (FEHBAR).
DATES: Effective February 21, 2006.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT-Amendments to HUD Acquisition Regulations (HUDAR), Proposed
rule, 71 Fed. Reg. 2444, January 13, 2006.
SUMMARY:
This rule proposes to amend HUD’s Acquisition Regulations (HUDAR)
to implement miscellaneous changes. The proposed revisions include
improvements in clarity and uniformity in the Department’s
acquisition regulations.
DATES: Comment Due Date: March 14,
2006.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT-Amendments to HUD Acquisition Regulation (HUDAR), Final
rule, 71 Fed. Reg. 2432, January 13, 2006.
SUMMARY:
This rule amends the Department of Housing and Urban Development
Acquisition Regulation (HUDAR) to implement miscellaneous changes. The
changes include corrections to provisions and the removal of obsolete
text and clauses. This final rule reflects organizational changes within
HUD and is limited to provisions that involve internal agency
procedures.
DATES: Effective Date: February 13, 2006.
VA Acquisition Regulation: Plain
Language Rewrite, Proposed rule, 71 Fed. Reg. 2342, January 13, 2006.
SUMMARY: We propose to revise the Department of Veterans
Affairs (VA) Acquisition Regulation (VAAR). We have rewritten much of
the VAAR to conform to plain language principles. We are changing many
delegations of authority for the purpose of becoming more efficient. We
are removing nonregulatory material. We are making changes in format,
arrangement, and numbering to make the VAAR parallel to the Federal
Acquisition Regulation (FAR) as required by the FAR. We are removing
provisions that simply restate FAR provisions that are already
applicable. This document also proposes to set forth or revise
procedures for providing notice and hearing to resolve issues regarding
possible violations of the Gratuities clause, establishing qualified
products lists, suspending or debarring a contractor, for expediting
payments to small businesses, and for reducing or suspending payments
upon a finding of contract fraud. We propose to expand the coverage of
the VAAR clause on Organizational Conflicts of Interest to cover a
broader range of services that may be subject to organizational
conflicts of interest. We propose to clarify the scope of certain
regulations and to allow use of additional VAAR clauses in commercial
item solicitations and contracts, to remove requirements for setting
aside construction and architect-engineer solicitations for small
businesses that are in conflict with current statute, to remove a
requirement to conduct an audit of section 8(a) price proposals that is
contrary to current FAR requirements, and to remove a VAAR provision
that requested data from offerors on veteran-owned small businesses that
has been replaced by a FAR provision. The rule would provide guidance to
contracting officers on the types of data that should be requested from
a contractor when evaluating the contractor’s financial condition. The
rule would require the use of the clause on Assignment of Claims in
purchase orders, would provide guidance to contracting officers on the
criteria for revising the payment due dates for invoices, and would
require the use of Alternate I to the clause on Disputes.
DATES: Comments on the proposed rule should be submitted on
or before March 14, 2006 to be considered in the formulation of the
final rule.
OFPP-Cost Accounting Standards Board, T&M Contracts for Commercial Items, Proposed rule, 71 FR 313, January 04, 2006.
SUMMARY: The Cost Accounting Standards (CAS) Board is
proposing to revise the CAS by providing an exemption for
time-and-materials (T&M) and labor-hour (LH) contracts for the
acquisition of commercial items.
DATES: Comments upon this proposed rule must be in writing
and must be received by March 6, 2006.
DoD-Criminal Jurisdiction Over Civilians
Employed by or Accompanying the Armed Forces Outside the United States,
Service Members, and Former Service Members, Proposed rule, 70 FR
75998, December 22, 2005.
SUMMARY: The Military
Extraterritorial Jurisdiction Act of 2000 (MEJA) establishes Federal
criminal jurisdiction over whoever engages in conduct outside the United
States that would constitute an offense punishable by imprisonment for
more than one year (i.e., a felony offense) while employed by or
accompanying the Armed Forces outside the United States, certain members
of the Armed Forces subject to the Uniform Code of Military Justice and
former members of the Armed
Forces.
DATES: Comments must be received on or before February 21,
2006.
SBA-Small Business Technology Transfer Program
Policy Directive, Final Policy Directive, 70 FR 74926, December 16,
2005.
SUMMARY: This document revises the Small Business
Technology Transfer (STTR) Program Policy Directive. This final Policy
Directive reflects statutory amendments to the program and provides
guidance to Federal agencies on the general conduct of the STTR program.
This revised directive includes amendments to streamline and enhance the
program.
DATES: This final Policy Directive is effective on December 16,
2005.
NASA-Research Announcements-Small Business
Subcontracting Plans and Publication Acknowledgement and Disclaimers,
Final rule, 70 FR 74206, December 15, 2005.
SUMMARY:
This is a final rule amending the NASA FAR Supplement (NFS) to require
for NASA Research Announcements: Submission of a small business
subcontracting plan with any proposal having subcontracting
possibilities that may result in the award of a contract whose value
exceeds $5,000,000; and acknowledgement of NASA sponsorship and
disclaimer of agency endorsement of results.
DATES: Effective Date: December 15, 2005.
NASA-Property Administration and Reporting for
Interagency Acquisitions, Final rule, 70 FR 74206, December 15,
2005.
SUMMARY: This is a final rule to amend the NASA FAR
Supplement (NFS) to revise clause 1852.217-70 Property Administration
and Reporting to change the name of “NASA-Defense Purchase Request” to
“NASA-Interagency Purchase Request” and to replace the term “Military
Department” to “servicing agency” in order to permit the use of this
clause in interagency acquisitions with military departments and
civilian agencies.
DATES: Effective Date: December 15, 2005.
OFPP-Cost Accounting Standards Board (CAS)
Changes to Acquisition Thresholds, Proposed rule, 70 FR 73423,
December 12, 2005.
SUMMARY: The Cost Accounting Standards
(CAS) Board is proposing to adjust the CAS application and full coverage
thresholds for inflation in accordance with section 807 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Pub. L.
108375).
DATES: Comments upon this proposed rule must be
in writing and must be received by February 10, 2006
OFCCP-Affirmative Action and Nondiscrimination
Obligations Contractors and Subcontractors Regarding Protected Veterans,
Final rule, 70 FR 72148, December 01, 2005.
SUMMARY:
This final rule revises the regulations implementing the affirmative
action provisions of the Vietnam Era Veterans’ Readjustment
Assistance Act of 1974, as amended, 38 U.S.C. 4212 (2001)
(“Section 4212” or “VEVRAA”). This rule makes
three general revisions to the VEVRAA regulations. First, it generally
conforms the VEVRAA regulations to the Veterans Employment Opportunities
Act of 1998 (VEOA) and the Veterans Benefits and Health Care Improvement
Act of 2000 (VBHCIA). Second, it removes references to letters of
commitment because the violations formerly incorporated into the letter
of commitment are now summarized in the Compliance Evaluation Closure
Letter. Third, it removes language about the effective date of the rule
published in 1998 because that language is obsolete.
EFFECTIVE DATE: These regulations are effective January 3,
2006.
DOT-Federal Transit Administration, Buy America Requirements; Amendments to Definitions and Waiver Procedures, Notice of proposed rulemaking, 70 FR 71246, November 28, 2005.
SUMMARY: The Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEALU) requires the
Federal Transit Administration (FTA) to make certain changes to our Buy
America requirements. Accordingly, this Notice of Proposed Rulemaking
(NPRM) would clarify the Buy America requirements with respect to
microprocessor waivers, remove two general waiver categories, allow for
post-award waivers, require greater detail for public interest waivers,
and specify that final decisions by FTA are subject to judicial review.
In addition, this NPRM would clarify the definitions of end product,
negotiated agreement, and contractor, and provide a list representative
of those items. The NPRM also proposes addressing the procurement of
systems under the definition of end product, negotiated agreement, and
contractor to ensure that major system procurements are not used to
circumvent the Buy America requirements. Finally, the NPRM would make a
minor clarification to pre-award and post-delivery review of rolling
stock purchases.
DATES: Comments requested by January 27, 2006. Late filed
comments will be considered to the extent practicable.
Department of Energy-Acquisition
Regulations, Work for Others, Final rule, 70 FR 71038, November 25,
2005.
SUMMARY: The Department of Energy (DOE) is adopting
as final without change an Interim Final Rule
amending the Department of Energy Acquisition Regulation (DEAR) to
provide policy and procedures regarding work for non- DOE entities
performed by DOE contractors who manage and operate DOE-owned or
DOE-leased facilities and to make an administrative change concerning
debarment and suspension officials.
EFFECTIVE DATE: The
interim final rule published December 15, 2004 (69 FR 75001) was
effective January 14, 2005.
EPA-Miscellaneous Revisions to
EPAAR Clauses, Final rule, 70 FR 61657, October 25, 2005.
SUMMARY: EPA is taking direct final action on administrative
changes to the EPA Acquisition Regulation (EPAAR). This action revises
the EPAAR, but does not impose any new requirements on Agency
contractors. The revisions in this direct final rule will make minor
corrections to and streamline Agency acquisition processes to be
consistent with and non-duplicative of the Federal Acquisition
Regulation (FAR). Some EPAAR clauses will be revised and others will be
removed. FAR clauses are available to provide coverage for the EPAAR
clauses that are removed by this rule.
DATES: This rule is
effective on December 27, 2005 without further notice, unless EPA
receives adverse comment by November 25, 2005. If we receive such
comment, we will publish a timely withdrawal in the Federal Register
informing the public that this rule will not take effect.
Office of Federal Contract Compliance
Programs-Obligation To Solicit Race and Gender Data for Agency
Enforcement Purposes, Final rule, 70 FR 58946, October 07, 2005.
SUMMARY: Office of Federal Contract Compliance Programs
(OFCCP) regulations require covered federal contractors and
subcontractors to collect information about the gender, race and
ethnicity of each “applicant” for employment. The final rule
published today modifies OFCCP applicant recordkeeping requirements to
address challenges presented by the use of the Internet and electronic
data technologies in contractors’ recruiting and hiring processes. The
final rule is intended to address recordkeeping requirements regarding
“Internet Applicants” under all OFCCP recordkeeping and data
collection requirements.
EFFECTIVE DATE: These regulations are effective
February 6, 2006.
DOT-Debarment and Suspension (Nonprocurement)
Requirements, Notice of proposed rulemaking, 70 FR 58175, October
05, 2005.
SUMMARY: This proposal would amend Department of
Transportation regulations implementing the governmentwide
nonprocurement suspension and debarment requirements. Specifically, the
DOT proposes to adopt the optional lower tier coverage prohibiting
excluded parties from participating in subcontracts at tiers lower than
the first tier below a covered nonprocurement transaction.
DATES: Comments must be received on or before November 4,
2005.
NASA-Small Business Innovation
Research (SBIR) and Small Business Technology Transfer (STTR) Contractor
Re- Certification of Program Compliance, Proposed rule, 70 FR 57240,
September 30, 2005.
SUMMARY: This proposed rule is to
amend the NASA FAR Supplement (NFS) to include a requirement for NASA’s
Small Business Innovation Research (SBIR) and the Small Business
Technology Transfer (STTR) contractors to complete a re-certification of
program compliance prior to final payment. This requirement is being
established to facilitate the Government’s ability to hold contractors
accountable for compliance with Federal statute, regulation, and program
requirements as outlined in the Office of Inspector General’s Management
Alert Memorandum dated April 28, 2004. As part of its continuing effort
to reduce the paperwork and respondent burden, NASA invites the general
public and other Federal agencies to comment on this proposed rule
and/or continuing information collections, as required by the Paperwork
Reduction Act of 1995 (Pub. L. 10413, 44 U.S.C. 3506(c)(2)(A)).
DATES: Comments should be submitted
on or before November 29, 2005 to be
considered in formulation of the final
rule.
NASA-Announcement of Contract Awards, Final rule, 70 FR 56856,
September 29, 2005.
SUMMARY: This final rule revises the
NASA FAR Supplement (NFS) by amending the anticipated value at which
public announcements are required from $25M million or greater to $5
million or greater.
September 29, 2005.
NASA-Head of Contracting Activity
(HCA) Change for NASA Shared Services Center (NSSC), Final rule, 70
FR September 06, 2005.
SUMMARY: This final rule revises
the NASA FAR Supplement (NFS) by amending the definition of
“Contracting activity” and “Head of the contracting
activity (HCA)” consistent with the mission of the NASA Shared
Services Center (NSSC) which is to provide selected services in support
of Human Resources, Procurement, Financial Management and Information
Technology operations across the Agency.
EFFECTIVE DATE: September 6, 2005
NASA-Packaging, Handling, and
Transportation, Final rule, 70 FR 52941, September 06, 2005.
SUMMARY: This is a final rule to amend the NASA FAR
Supplement (NFS) to delete the “alpha” and
“date” associated with NASA’s Procedural Requirements
(NPR) 6000.1 referred to in the clause entitled Packaging, Handling, and
Transportation (NOVEMBER 2004).
EFFECTIVE DATE: September 6, 2005.
SBA-HUBZone, Government Contracting, 8(a) Business
Development and Small Business Size Standard Programs. Interim rule,
70 FR 51243, August 30, 2005.
SUMMARY: This interim rule
amends SBAs HUBZone, 8(a) Business Development, Government Contracting
and Size Standard regulations to implement provisions of the Small
Business Act including the Consolidated Appropriations Act, 2005,
specifically, Subtitle E of Division K entitled the Small Business
Reauthorization and Manufacturing Assistance Act of 2004. Consistent
with the new statutory requirements under Subtitle E, this interim rule:
Amends the definitions of the terms “business concern,”
“affiliation,” “HUBZone small business concern”
and “qualified HUBZone small business concern;” amends the
HUBZone eligibility requirements for tribally-owned HUBZone concerns;
extends qualified HUBZone areas to include military base closure areas
for a period of five years; revises the definition of a “qualified
non-metropolitan county;” extends the redesignation period for
HUBZone areas through the release of the 2010 census data; and provides
a five percent HUBZone evaluation price preference for agricultural
commodities in international food aid procurements. Pursuant to the
Administrative Procedure Act, SBA has determined that there is good
cause to issue this rule as an interim rule with an immediate effective
date. However, SBA encourages and will consider all timely public
comments in developing the final rule.
DATES: This interim rule is
effective August 30, 2005. Comments must be received on or before
October 31, 2005.
Correction-October 11, 2005.
Department of Labor-Service
Contract Act Wage Determination OnLine Request Process, Final rule,
70 FR 50888, August 26, 2005.
SUMMARY: The Department of
Labor (DOL) is amending two regulations to allow for full implementation
of the Wage Determinations OnLine (WDOL) Internet Web site (http://www.wdol.gov) as the
source for federal contracting agencies to use when obtaining wage
determinations issued by the DOL for service contracts subject to the
McNamara-O’Hara Service Contract Act (SCA) and for construction
contracts subject to the Davis-Bacon Act and Related Acts (DBRA).
DATES: These rules are effective on September 26, 2005.
NASA Grant and Cooperative Agreement
Handbook-Intellectual Property Required Reports and Publications, Final
rule, 70 FR 46079, August 09, 2005.
SUMMARY: This final
rule amends the NASA Grant and Cooperative Agreement Handbook (Handbook) to
clarify intellectual property provisions. Provision § 1260.28,
“Patent rights is amended to refer to NASA contractors as
“Contractors” and not “Recipients”. Provision
§ 1260.30, “Rights in data” is amended to clarify the
definition of the word “data”. Provision § 1260.75,
“Summary of report requirements”, is amended to correct the
cross-references to the intellectual property provisions of the Handbook.
These changes are administrative in nature. No change is being made to the
actual reporting requirements.
DATES: Effective August 9, 2005.
Department of Energy-Acquisition
Regulation: Technical Revisions or Amendments To Update Clauses, Notice
of proposed rulemaking, 70 FR 43832, July 29, 2005.
SUMMARY: The Department of Energy (DOE) is proposing to amend
its acquisition regulation to remove and add specified clauses, and
revise certain other clauses, currently contained in the Department of
Energy Acquisition Regulation (DEAR). This rule also proposes to revise
associated regulatory coverage, as necessary.
DATES: Written comments
(three copies) on the proposed rulemaking must be received on or before
August 29, 2005.
OFPP-Cost Accounting Standards
Board; Accounting for the Costs of Employee Stock Ownership Plans
(ESOPs) Sponsored by Government Contractors, Proposed rule, 70 FR
42293, July 22, 2005.
SUMMARY: The Cost Accounting
Standards Board (CASB), Office of Federal Procurement Policy, invites
public comments on proposed amendments to the Cost Accounting Standards
(CAS) 412, “Cost accounting standard for composition and
measurement of pension cost,” and CAS 415, “Accounting for
the cost of deferred compensation.” These proposed amendments
address issues concerning the recognition of the costs of Employee Stock
Ownership Plans (ESOPs) under Government cost-based contracts and
subcontracts. These proposed amendments provide criteria for measuring
the costs of ESOPs and their assignment to cost accounting periods. The
allocation of a contractor’s assigned ESOP costs to contracts and
subcontracts is addressed in other Standards. The proposed amendments
also specify that accounting for the costs of ESOPs will be covered by
the provisions of CAS 415, “Accounting for the cost of deferred
compensation” and not by any other Standard.
DATES: Comments must be in writing
and must be received by September 20,
2005.
OPM-Federal Employees’ Group Life Insurance; Federal Acquisition
Regulation, Final regulation, 70 FR 41149, July 18, 2005.
Summary: The Office of Personnel Management (OPM) is issuing
a final regulation to amend the Federal Employees’ Group Life Insurance
(FEGLI) Acquisition Regulation. The regulation incorporates changes in
administrative policy and practices and makes clarifying language
changes.
DATES: Effective August 17, 2005.
OFPP-Capitalization of Tangible
Assets; Correction-Cost Accounting Standards Board, Correction to final
rule, 70 FR 37706, June 30, 2005.
Summary: This
document contains technical corrections to the Illustrations in CAS
9904.404, “Capitalization of Tangible Assets.” An amendment
to this Standard was published on February 13, 1996 (61 FR 5520).
However, while the contractor’s minimum cost criteria for capitalization
was increased from $1,500 to $5,000 in the body of the Standard, this
change was not reflected in the Illustrations part of the Standard. This
technical correction brings the figures in the relevant Illustrations
into line with the $5,000 minimum cost criteria for capitalization
currently incorporated in the body of the Standard.
DATES: This rule is effective June 30,
2005.
Waiver of 10 U.S.C. 2534 for
Certain Defense Items Produced in the United Kingdom, 70 FR 37333,
June 29, 2005.
Summary: The Under Secretary of Defense
(Acquisition, Technology, and Logistics) is waiving the limitation of 10
U.S.C. 2534 for certain defense items produced in the United Kingdom
(UK). 10 U.S.C. 2534 limits DoD procurement of certain items to sources
in the national technology and industrial base. The waiver will permit
procurement of items enumerated from sources in the UK, unless otherwise
restricted by statute.
DATES: This waiver is effective for one
year, beginning July 14, 2005.
OFCCP-Affirmative Action and Nondiscrimination Obligations of
Contractors and Subcontractors; Compliance Evaluations in All OFCCP
Program, Final rule, 70 FR 36262, June 22, 2005.
Summary: This final rule revises the regulations implementing
Section 503 of the Rehabilitation Act of 1973, as amended (Section 503),
to give the Office of Federal Contract Compliance Programs (OFCCP)
authority to use additional investigative procedures to determine a
contractor’s compliance with Section 503. In this regard, this rule
adopts the “compliance evaluation approach” that is incorporated in
the regulations implementing Executive Order 11246, as amended, and the
affirmative action provisions of the Vietnam Era Veterans’ Readjustment
Assistance Act, as amended (VEVRAA), respectively.
In addition,
this final rule revises the compliance check procedure found in the
current Executive Order 11246 and VEVRAA implementing regulations. The
compliance check is one of the four investigative procedures currently
used by OFCCP to determine a contractor’s compliance with Executive
Order 11246 and the affirmative action provisions of VEVRAA. This final
rule makes a few other minor and non-substantive revisions to the
regulations in 41 CFR Parts 60-1, 60-250, and 60-741.
DATES: Effective Date: These regulations
are effective: July 22, 2005.
NASA FAR Supplement, Contractor
Access to Sensitive Information, Final rule, 70 FR 35549, June 21,
2005.
Summary: This final rule adopts with changes the
proposed rule published in the Federal Register on December 5, 2003 (68
FR 67995-67998). This final rule amends the NASA Federal Acquisition
Regulation (FAR) Supplement (NFS) by providing policy and procedures on
how NASA will acquire services to support management activities and
administrative functions when performing those services requires the
contractor to have access to sensitive information submitted by other
contractors. NASA’s increased use of contractors to support management
activities and administrative functions, coupled with implementing
Agencywide electronic information systems, requires establishing
consistent procedures for protecting sensitive information from
unauthorized use or disclosure.
EFFECTIVE DATE: June 21, 2005.
NASA FAR Supplement, Safety and
Health-Alternate 1 to Major Breach of Safety or Security Clause,
Proposed rule, 70 FR 33726, June 09, 2005.
Summary:
This proposed rule amends the NASA FAR Supplement (NFS) to add an
Alternate to the “Major Breach of Safety or Security
Clause.” This Alternate deletes references to termination for
default and makes other changes to be consistent with the FAR
termination clauses prescribed for use with educational or nonprofit
institutions performing research and development work on a nonprofit or
no-fee basis, and in contracts for commercial items.
DATES: Comments should be submitted
on or before August 8, 2005.
GSAR-Veteran and Service-Disabled
Veteran-Owned Small Business Goals in Subcontracting Plans, Final
rule, 70 FR 32522, June 03, 2005.
Summary: The General
Services Administration (GSA) is amending the General Services
Administration Acquisition Regulation (GSAR) in order to be consistent
with the Federal Acquisition Regulation (FAR), to update GSAR clauses
pertaining to subcontracting plans to include veteran-owned and
service-disabled veteran-owned small businesses.
DATES: Effective Date: June 3, 2005.
DoD-Contract Financing: Performance- Based
Payments, Response to public input., 70 FR 32306, June 02, 2005.
SUMMARY: The Director of Defense Procurement and Acquisition
Policy (DPAP) recently completed an internal assessment regarding the
use of performance-based payments as a method of financing for DoD
contracts. This assessment has resulted in recommendations for revisions
to policy, guidance, and training on the use of performance-based
payments. [See earlier request for comments.]
OPM-Federal Employees Health Benefits Program;
Revision of Contract Cost Principles and Procedures, and Miscellaneous
Changes, Final rule, 70 FR 31389, June 1, 2005.
Summary: The U.S. Office of Personnel Management (OPM) is
issuing a final regulation amending the Federal Employees Health
Benefits (FEHB) Acquisition Regulation (FEHBAR). This regulation
provides additional contract cost principles and procedures for FEHB
Program experience-rated contracts and is intended to clarify our
requirements and enhance our oversight of FEHB carriers.
DATES: Effective July 1, 2005.
OPM-Federal Employees Health Benefits
Acquisition Regulation: Large Provider Agreements, Subcontracts, and
Miscellaneous Changes, Final rule, June 1, 2005.
Summary: The Office of Personnel Management (OPM) is issuing
this final regulation to amend the Federal Employees Health Benefits
Acquisition Regulation (FEHBAR). It establishes requirements, including
audit, for Federal Employees Health Benefits Program (FEHB)
experience-rated carriers’ Large Provider Agreements. It also
modifies the dollar threshold for review of carriers’ subcontract
agreements; revises the definitions of Cost or Pricing Data and
Experience-rate to reflect mental health parity requirements; updates
the contract records retention requirement; updates the FEHB Clause
Matrix; and conforms subpart and paragraph references to Federal
Acquisition Regulation (FAR) revisions made since we last updated the
FEHBAR.
DATES: Effective July 1, 2005.
GSA-FMR Bulletin 2005-B1, Delegations
of Lease Acquisition Authority-Notification, Usage, and Reporting
Requirements for General Purpose, Categorical, and Special Purpose Space
Delegations, 70 FR 30115, May 25, 2005.
Summary: It
has been reported recently to Congressional committees and the General
Services Administration (GSA), Public Buildings Service that some
Federal agencies using the delegated leasing authority issued to Federal
agencies on September 25, 1996, as part of the “Cant Beat GSA
Leasing” program are not following properly the instructions specified
as a condition for use of the leasing delegation. The attached bulletin
reemphasizes and updates the notification and reporting requirements
specified in the delegation of authority and its supporting information,
GSA Bulletin FPMR D-239 and GSA Bulletin FPMR D-239, Supplement 1, which
are hereby canceled and superseded by this bulletin. Additional
reporting requirements for categorical and special purpose space
delegations are also included. This bulletin is in keeping with the
spirit of Executive Order 13327, “Federal Real Property Asset
Management,” in order to maximize the increased Governmentwide emphasis
on real property inventory management. The FMR and any corresponding
documents may be accessed at GSAs website at http://www.gsa.gov/fmr.
EFFECTIVE DATES: May 25, 2005.
OFPP-Cost Accounting Standards Board;
Applicability of Cost Accounting Standards Coverage, Interim rule,
May 23, 2005.
Summary: The Cost Accounting Standards
(CAS) Board is revising the criteria applicable to United Kingdom (UK)
contractors for filing a Disclosure Statement, Form No. CASB DS-1. This
rulemaking is authorized pursuant to section 26 of the Office of Federal
Procurement Policy Act. The Board is promulgating this interim rule in
order to comply with a specific request by the UK Ministry of Defence to
simplify the compliance process with CAS Board disclosure requirements
for UK contractors.
DATES: Effective Date: This rule is
effective May 23, 2005.
Comment Date: Comments upon this interim
rule must be in writing and must be received by July 22, 2005.
NASA-Head of Contracting Activity (HCA) Change
for Exploration Systems Directorate, Final rule, 70 FR 29456, May
23, 2005.
Summary: This final rule revises the NASA FAR
Supplement (NFS) by amending the definition of “head of
contracting activity” consistent with the realignment of program
management responsibilities between NASA Headquarters and the field
centers.
DATES: Effective May 23, 2005.
Department of the Interior, Acquisition
Regulations, Woody Biomass Utilization, Final rule, 70 FR 29208, May
20, 2005.
Summary: This rule converts an interim final
rule to a final rule, with minor adjustments in response to public
comment. In addition, the numbering scheme was revised to conform to the
existing regulatory structure. As a result of this rulemaking,
Department of the Interior will allow service contractors to remove
woody biomass generated as a result of land management service contracts
whenever ecologically appropriate and in accordance with applicable law.
DATES: Effective Date: May 20, 2005.
FMR Case 2005-102-1, Federal
Management Regulation; Transportation and Management, Transportation
Payment and Audit, 70 FR 23078, May 04, 2005.
Summary:
The General Services Administration is amending the Federal Management
Regulation (FMR) by adding the requirement that transportation managers
who obligate the Government for rate tender procurements must be
properly authorized in writing. This written authorization will certify
that the transportation manager is competent and trained in
transportation management and has the authority to commit Government
funds for the procurement of transportation or transportation services.
The FMR and any corresponding documents may be accessed at GSA’s website
at http:// www.gsa.gov/fmr.
DATES: Comment Date: July 5,
2005.
POSTAL SERVICE-Purchasing of Property and Services, Final rule, 70 FR 20291, April 19, 2005.
Summary: The Postal Service™ is amending its
regulations in order to implement the acquisition portions of its
Transformation Plan (April 2002) and the similar
recommendations of the President’s Commission on the United States
Postal Service (July 2003) as they relate to the acquisition of
property, goods and services in accordance with 39 U.S.C. §§
101, 401, 403, 404, and 410.
DATES: Effective Date: May 19, 2005.
GAO-Administrative Practice and Procedure, Bid Protest Regulations, Government Contracts, Final
rule, 70 FR 19679, April 14, 2005.
Summary: This
document amends Government Accountability Office (GAO) Bid Protest
Regulations by revising the definition of an interested party to permit
a protest to be filed by an agency tender official (ATO) in certain
public-private competitions under Office of Management and Budget (OMB)
Circular A-76. This document also revises the definition of an
intervenor to permit an ATO and an employee representative to intervene
in certain protests involving public-private competitions under OMB
Circular A-76. This action implements the provisions of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 related
to the bid protest process, where a public-private competition has been
conducted under OMB Circular A-76 regarding an activity or function of a
Federal agency performed by more than 65 full-time equivalent (FTE)
employees of the Federal agency.
DATES: Effective April 14, 2005.
GSAR ANPR 2005N01, GSA
Acquisition Regulation; Waiver of Consequential Damages and “Post
Award” Audit Provisions (Correction), 70 FR 19051, April 12,
2005.
Summary: The General Services Administration (GSA)
is requesting comments from both Government and industry on whether the
General Services Administration Acquisition Regulation (GSAR) should be
revised to include a waiver of consequential damages for contracts
awarded for commercial items under the FAR. GSA is also requesting
comments on whether “post award” audit provisions should be included
in its Multiple Award Schedules (MAS) contracts and Governmentwide
acquisition contracts (GWACs). GSA is further amending the correction
notice published in the Federal Register at 70 FR 13005, March 17, 2005,
to add the following: In addition, GSA is interested in receiving
comments on whether the Examination of Records clause at GSAR 552.215-71
should be modified to reinstate postaward access to and the right to
examine records to verify that preaward/ modification pricing, sales, or
other data related to the supplies or services offered under a contract
which formed the basis for an award/modification was accurate, current,
and complete. The notice published in the Federal Register at 70 FR
12167, March 11, 2005, is amended to extend the public comment date to
May 10, 2005, and to allow interested parties to submit presentations by
April 7, 2005.
DATES: Comment Date: Interested parties should submit
comments on or before May 10, 2005, to be considered in the formulation
of a proposed rulemaking. Public Meeting Presentation Date: Interested
parties may register and submit presentations by April 7, 2005.
GSAR 2005-G501, Federal Agency Retail Pharmacy Program, Proposed rule, 70 FR 19045, April 12, 2005.
Summary: The General Services Administration (GSA) is
proposing to amend the General Services Acquisition Regulation (GSAR) to
add a new subpart and clause required by the Department of Veterans
Affairs (VA), consistent with Congressional intent under Section 603 of
the Veterans Health Care Act of 1992 (VHCA) that certain Federal
agencies (i.e., VA, Department of Defense (DoD), Public Health Service
(including the Indian Health Service), and the Coast Guard) have access
to Federal pricing for pharmaceuticals purchased for their
beneficiaries.
GSA is responsible for the schedules program and rules related to its
operation. Under GSA’s delegation of authority, the VA procures
medical supplies under the VA Federal Supply Schedule program. VA and
DoD seek this amendment. This new subpart adds a clause unique to the
virtual depot system established by a Federal Agency Retail Pharmacy
Program utilizing contracted retail pharmacies as part of a centralized
pharmaceutical commodity management program. At this time, only DoD has
a program in place, and the rule would facilitate DoD’s access to
Federal pricing offered on Federal Supply Schedule (FSS) pharmaceutical
contracts for covered drugs purchased by DoD and dispensed to TRICARE
beneficiaries through retail pharmacies in the TRICARE network.
DATES: Interested parties should submit
comments in writing on or before June
13, 2005 to be considered in the
formulation of a final rule.
GSA-GSAR Case 2004-G508, Deviations,
Final rule, 70 FR 15779, March 29, 2005.
Summary: The
General Services Administration (GSA) is amending the General Services
Administration Acquisition Regulation (GSAR) by issuing a final rule to
modify existing policy on obtaining deviations from both the Federal
Acquisition Regulation (FAR) and GSAR. This final rule will include
revised procedures for obtaining deviations and will clarify the term
“class deviation,” and add clarification regarding the term
“contract action”.
DATES: Effective Date:
March 29, 2005.
SBA-Government Contracting Programs, Final rule, 70 FR 14523, March 23, 2005.
Summary: This final rule amends the
interim final regulations governing the
Service-Disabled Veteran Owned Small
Business Concern (SDVO SBC) Program.
In particular, this rule clarifies several
regulations, specifically those
concerning protest procedures.
DATES: This rule is effective March 23,
2005.
GSA Acquisition Regulation; Waiver of Consequential
Damages and “Post Award” Audit Provisions (Correction), 70 FR 13005,
March 17, 2005.
Summary: The General Services
Administration (GSA) is requesting comments from both Government and
industry on whether the General Services Administration Acquisition
Regulation (GSAR) should be revised to include a waiver of consequential
damages for contracts awarded for commercial item under the FAR. GSA is
also requesting comments on whether “post award” audit provisions
should be included its Multiple Award Schedules (MAS) contracts and
Governmentwide acquisition contracts (GWACs). The notice published in
the Federal Register at 70 FR 12167, March 11, 2005, is amended to
extend the public comment date to May 10, 2005, and to allow interested
parties to submit presentations by April 7, 2005.
DATES:
Comment Date: Interested parties should submit comments on or before May
10, 2005 to be considered in the formulation of a proposed rulemaking.
Public Meeting Presentation Date: Interested parties may register and
submit presentations by April 7, 2005.
GSA Acquisition
Regulation; Waiver of Consequential Damages and “Post Award” Audit
Provisions GSAR ANPR 2005-N01 70 FR 12167, March 11, 2005.
Summary: The General Services Administration (GSA) is
requesting comments from both Government and industry on whether the
General Services Administration Acquisition Regulation (GSAR) should be
revised to include a waiver of consequential damages for contracts
awarded for commercial item under the FAR. GSA is also requesting
comments on whether “post award” audit provisions should be included
in its Multiple Award Schedules (MAS) contracts and Governmentwide
acquisition contracts (GWACs).
DATES: Comment Date:
Comments are due on or before March 25, 2005.
DOJ-Government-Wide Debarment and Suspension
(Nonprocurement) and Government-Wide Requirements for Drug-Free
Workplace Grants, Final rule, 70 FR 12141 , March 11, 2005.
Summary: The Department of Justice is finalizing without
change the interim final rule with request for comments published at 68
FR 66534, on November 26, 2003. The interim final rule implemented
changes to the government-wide nonprocurement debarment and suspension
common rule (NCR) and the associated rule on drug-free workplace
requirements. The NCR sets forth the common policies and procedures that
Federal Executive branch agencies must use in taking suspension or
debarment actions. It also establishes procedures for participants and
Federal agencies in entering covered transactions.
DATES:
This final rule is effective April 11, 2005.
BIS-Defense Priorities and Allocations System (DPAS): Electronic
Transmission of Reasons for Rejecting Rated Orders, Final rule, 70 FR
10864, March 07, 2005.
Summary: This rule revises the
Defense Priorities and Allocations System to allow a person rejecting a
rated order to give his or her reasons for the rejection through
electronic means rather than requiring a person to submit the rationale
in writing.
DATES: This rule is effective April 6,
2005.
DEPARTMENT OF DEFENSE-Suspension of the Price
Evaluation Adjustment for Small Disadvantaged Businesses, 70 FR
5969, February 04, 2005.
Summary: The Director of Defense
Procurement and Acquisition Policy has suspended the use of the price
evaluation adjustment for small disadvantaged businesses (SDBs) in DoD
procurements, as required by 10 U.S.C. 2323(e)(3), because DoD exceeded
its 5 percent goal for contract awards to SDBs in fiscal year 2004. The
suspension will be in effect for 1 year and will be reevaluated based on
the level of DoD contract awards to SDBs achieved in fiscal year 2005.
DATES: Effective Date: February 24, 2005.
Applicability Date: This suspension applies to all
solicitations issued during the period from February 24, 2005, to
February 23, 2006.
Small Business Government Contracting Programs; Subcontracting, final rule, delay of efffective date, 70 FR 5538, February 03, 2005.
Summary: The U.S. Small Business Administration
(SBA or Agency) delays the effective date of the final rule published in
the Federal Register on December 20, 2004, which generally relates to
evaluation of prime contractor’s performance and authorized factors in
source selection when placing orders against Federal Supply Schedules,
government-wide acquisition contracts, and multi-agency contracts, as
corrected by the document published in the Federal Register on January
10, 2005, until March 14, 2005.
DATES: The final rule published on
December 20, 2004 (69 FR 75820) has been classified as a major rule
subject to congressional review. The effective date, which was corrected
from December 20, 2004, to February 18, 2005 on January 10, 2005 (70 FR
1655), is further delayed to March 14, 2005 (60 days after the date on
which Congress received the rule). However, at the conclusion of
congressional review, if the effective date has been changed, SBA will
publish a document in the Federal Register to establish the actual
effective date or to terminate the rule.
Small Business Size Standards; Selected Size Standards Issues, Advance notice of proposed rulemaking; extension of comment
period, 70 FR 2976, January 19, 2005.
Summary: The U.S.
Small Business Administration (SBA) is extending the deadline for comments
on the Advanced Notice of Proposed Rulemaking (ANPRM), which requested
comments on issues related to SBA’s effort to restructure its small
business size standards, for 60 days because SBA agrees with the public’s
view that an extension is necessary to afford interested parties more time
to thoroughly review the issues described in the ANPRM and prepare their
comments. The previous deadline of February 1, 2005 is extended to April 3,
2005.
DATES: Comments must be received on
or before April 3, 2005.
NASA FAR Supplement, Final Scientific and
Technical Reports-SBIR and STTR Contracts, Final Rule, 70 FR 2022,
January 12, 2005.
Summary: This rule adopts as final
without change the proposed rule published in the Federal Register on
August 12, 2004. This final rule amends the NASA FAR Supplement (NFS)
by adding an Alternate III to the “Final Scientific and
Technical Reports” clause for use in contracts awarded under the
Small Business Innovation Research (SBIR) and the Small Business
Technology Transfer (STTR) programs. This change is required to
recognize the “Rights in Data-SBIR Programs” clause rather
than the FAR “Rights in Data-General” clause currently
referenced in the NFS “Final Scientific and Technical
Reports” clause.
DATES: Effective Date: This rule is
effective January 12, 2005.
GSAR Case 2004-G501, Disputes and Appeals, Final rule, 70 FR 298 January 04, 2005.
Summary: The
General Services Administration (GSA) is amending the General Services
Administration Acquisition Regulation (GSAR) to add a clause that
supplements the Disputes clause in the Federal Acquisition Regulation
(see 48 CFR Chapter 1).
DATES: Effective Date: January 4, 2005.
GSAR Case 2004-G509, Access to the Federal Procurement Data System, 69 FR 77661, December 28, 2004.
Summary: The
General Services Administration (GSA) is amending the General Services
Administration Acquisition Regulation (GSAR) by adding coverage to
specify the rate that will be charged to non-governmental entities in
exchange for permitting them to establish a direct computer connection
with the Federal Procurement Data System database.
DATES: Effective Date: December 28, 2004.
Comment
Date: Interested parties should submit comments in writing on or
before February 28, 2005, to be considered in the formulation of a
final rule.
Department of State Acquisition Regulation, Proposed rule, 69 FR 76660, December 22, 2004.
Summary: This
proposed rule makes three changes to the DOSAR. It revises the DOSAR
to: Formalize Department policy regarding the application of the Small
Business Act to contracts awarded by domestic contracting activities
where contract performance takes place overseas; add language to deal
with U.S. Government support to contractors performing overseas; and,
revise the coverage regarding Defense Base Act insurance.
DATES: The
Department will accept comments from the public up to 60 days from
December 22, 2004.
GAO-Bid Protest Regulations, Proposed rule, Correction, 69 FR 76979, December 23, 2004
GAO-Bid
Protest Regulations, Proposed rule, 69 FR 75878, December 20, 2004.
Summary: The Government Accountability Office (GAO) is
proposing to amend its Bid Protest Regulations, promulgated in
accordance with the Competition in Contracting Act of 1984 (CICA), 31
U.S.C. 3551-3556, to implement the requirements in the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005, Pub.
L. 108-375, 118 Stat. 1811, enacted on October 28, 2004. The proposed
amendments to GAO’s Bid Protest Regulations implement the
legislation’s provisions related to the bid protest process, where a
public-private competition has been conducted under Office of
Management and Budget (OMB) Circular A-76, as revised on May 29, 2003,
regarding an activity or function of a Federal agency performed by
more than 65 full-time equivalent employees of the Federal agency. In
this regard, the legislating grants designated representatives of an
in-house competitor the status of an “interested party” to file a
protest at GAO or the status of an “intervenor” to participate in a
protest filed at GAO. In addition, consistent with the legislation,
GAO is proposing to add a provision to its Bid Protest Regulations
stating that GAO will not review the decision of an agency tender
official to file a protest (or not to file a protest) in connection
with a public-private competition. At this time, GAO believes that
these proposed revisions are the only regulatory changes necessary to
implement the statutory requirements expanding the definitions of an
interested party and an intervenor in protests involving publicprivate
competitions. GAO welcomes comments on these proposed revisions, as
well as suggestions for changes to other areas of GAO’s Bid Protest
Regulations or the bid protest process at GAO relating to protests of
publicprivate competitions conducted under OMB Circular A-76.
DATES: Comments must be submitted on or before February 18, 2005.
SBA-Small Business Government Contracting Programs;
Subcontracting, Final rule, 69 FR 75820, December 20, 2004.
SUMMARY: This final rule amends the U.S. Small Business
Administration (SBA) regulations government small business
subcontracting to address comments received in response to SBA’s
proposed rule on subcontracting, which was published in the Federal
Register on October 20, 2003. The final rule also addresses comments
in response to SBA’s earlier proposed rule on contract bundling, which
was published in the Federal Register on January 31, 2003.
Specifically, this final rule provides a list of factors to consider
in evaluating a prime contractor’s performance and good-faith efforts
to achieve the requirements in its subcontracting plan. The final rule
also authorizes the use of goals in subcontracting plans, and/or past
performance in meeting such goals, as a factor in source selection
when placing orders against Federal Supply Schedules, government-wide
acquisition contracts, and multi-agency contracts. In addition, this
final rule implements statutory provisions and other administrative
procedures relating to subcontracting goals and assistance. In
particular, the final rule lists the various categories of small
businesses that must be afforded maximum practicable subcontracting
opportunities, and clarifies the responsibilities of prime contractors
and SBA’s Commercial Market Representatives (CMRs) under the
subcontracting assistance program. The final rule also supplies
guidance on Subcontracting Orientation and Assistance Reviews (SOARs),
which CMRs perform to assist prime contractors in their efforts to
understand and comply with the requirements governing the small
business subcontracting assistance program.
DATES: This rule is
effective on December 20, 2004.
Department of Energy Acquisition Regulations(DEAR), Make-or-Buy Plans, Notice of proposed rulemaking, 69 FR 75017,
December 15, 2004.
SUMMARY: The Department of Energy
(DOE) is proposing to amend the Department of Energy Acquisition
Regulation (DEAR) to revise its requirements for contractor
make-or-buy plans. The make-or-buy program, as it is currently
structured, is not delivering the value to the Department commensurate
with the costs of its implementation. The proposed rule would
eliminate the burden of make-orbuy analysis.
DATES: Written comments
on the proposed rulemaking must be received on or before close of
business January 14, 2005
Small Business Size Standards; Selected Size
Standards Issues, Advance notice of proposed rulemaking, 69 FR 70197,
December 03, 2004.
SUMMARY: This Advance Notice of
Proposed Rulemaking (ANPRM) seeks comments from the public on several
issues that were raised during the public comment period of the U.S.
Small Business Administration’s (SBA or Agency) recently withdrawn
proposal to restructure its small business size standards. The issues
discussed in this ANPRM address matters pertaining to SBA’s size
standards but were not part of the March 19, 2004, proposed changes.
To assist SBA with examining how best to restructure and simplify its
size standards, the Agency invites comments on these issues to take
into consideration in any future proposal. This ANPRM also seeks
comments on an issue concerning the participation of businesses that
are majority-owned by venture capital companies in the Small Business
Innovation Research (SBIR) Program. Specifically, the SBA is seeking
comments on whether it should provide an exclusion from affiliation
with venture capital companies in determining small business
eligibility for the SBIR Program.
DATES: Comments must be received on
or before February 1, 2005.
Small Business Size Regulations; Small
Business Innovation Research Program, Final rule., 69 FR 70180,
December 03, 2004.
SUMMARY: The U.S. Small Business
Administration (SBA or Agency) is revising its small business size
regulations regarding ownership and control of Small Business
Innovation Research (SBIR) Program awardees. The final rule provides
that an SBIR awardee must meet the following requirements: It must be
a for-profit business concern that is at least 51% owned and
controlled by one or more individuals who are citizens of, or
permanent resident aliens in, the United States (as the regulations
currently require); or it must be a for-profit business concern that
is at least 51% owned and controlled by another for-profit business
concern that is at least 51% owned and controlled by one or more
individuals who are citizens of, or permanent resident aliens in, the
United States. This rule does not change the size standard requiring
that an SBIR awardee, together with its affiliates, have no more than
500 employees. Because SBA received a large number of comments
concerning ownership of SBIR Program participants by Venture Capital
Companies, SBA will issue an Advanced Notice of Proposed Rulemaking
seeking additional information this issue.
DATES: This rule is effective January 3,
2005.
NASA-Government Property and Miscellaneous
Editorial Changes, Final rule, 69 FR 63458, November 02, 2004.
SUMMARY: This final rule amends the NASA FAR Supplement
(NFS) to resolve a conflict in a Government Property clause and change
all references to NASA Procedures and Guidelines (NPGs) documents to
NASA Procedural Requirements (NPRs) documents. The changes are being
made to insure that the applicable property clause gives consistent
direction and that correct references are made to NASA requirements
documents.
EFFECTIVE DATE: November 2, 2004.
Central Intelligence Agency-Debarment and Suspension Procedures, Final rule, 69 FR 63064, October 20, 2004.
SUMMARY: In accordance with its statutory procurement
authorities, the Central Intelligence Agency (CIA) has established a
policy whereby the rights of CIA contractors in all matters involving
debarment and suspension will be governed by the debarment and
suspension provisions of the Federal Acquisition Regulation.
DATES: Effective October 29, 2004.
NASA-Reissue of NASA FAR Supplement Subchapters H and I, Final rule, 69 FR 60967, October 14, 2004.
SUMMARY: This rule adopts as final without change, the
proposed rule published in the Federal Register on May 21, 2004. This
final rule amends the NASA FAR Supplement (NFS) by removing from the
Code of Federal Regulations (CFR) those portions of the NFS containing
information that consists of internal Agency administrative procedures
and guidance that does not control the relationship between NASA and
contractors or prospective contractors. This change is consistent with
the guidance and policy in FAR Part 1 regarding what comprises the
Federal Acquisition Regulations System and requires publication for
public comment. The NFS document will continue to contain both
information requiring codification in the CFR and internal Agency
guidance in a single document that is available on the Internet. This
change will reduce the administrative burden and time associated with
maintaining the NFS by only publishing in the Federal Register for
codification in the CFR material that is subject to public comment.
DATES: Effective October 14, 2004.
OPM-Federal Employees’ Group Life Insurance; Federal Acquisition Regulation, Proposed regulation, 69 FR October 04,
2004.
SUMMARY: The Office of Personnel Management (OPM)
is issuing proposed regulations to amend the Federal Employees’ Group
Life Insurance (FEGLI) Acquisition Regulation. The proposed
regulations incorporate changes in administrative policy and practices
and make clarifying language changes.
DATES: OPM must receive comments on or before December
3, 2004.
NASA Research Announcements-
Small Business Subcontracting Plans and Publication Acknowledgement and
Disclaimers. Proposed rule, 69 FR 57664, September 27, 2004.
SUMMARY: This proposed rule amends the NASA FAR Supplement to
require for NASA Research Announcements: Submission of a small business
subcontracting plan with any proposal having subcontracting
possibilities that may result in the award of a contract whose value
exceeds $500,000; and acknowledgement of NASA sponsorship and disclaimer
of agency endorsement of results.
DATES: Comments must be received by
November 26, 2004.
GSAR 2004-003, Acquisition of Leasehold
Interests in Real Property; Historic Preference, Final rule, 60 FR
55937 , September 16, 2004.
SUMMARY: The General Services
Administration (GSA) is amending the General Services Administration
Acquisition Regulation (GSAR) by
revising the provision on Historic Preference.
DATES: Effective Date: September 16, 2004.
GSAR 2004-02, Defense Priorities and
Allocations System, Final rule, 60 FR 55933 , September 16, 2004.
SUMMARY: The General Services Administration (GSA) is amending
the General Services Administration Acquisition Regulation (GSAR) to
implement the Defense Priorities and Allocations System (DPAS) within the
GSA Federal Supply Service (FSS).
DATES: Effective Date: September 16, 2004
DOD-Contract Financing: Performance Based Payments, Request for comments, 69 FR 54651, September 9, 2004.
SUMMARY: The Director of
Defense Procurement and Acquisition Policy (DPAP) is currently conducting
an internal assessment regarding the use of performance-based payments as
a method of financing for DoD contracts. As part of this assessment, DPAP
would like to hear the views of interested parties on what they believe
are potential areas for improving DoD’s use of performance-based payments.
DATES: Submit written comments to the address shown below on or before
October 25, 2004.
NASA, Removal of MidRang Procurement
Procedures, Final rule, 69 FR 53652, September 2, 2004.
SUMMARY: This final rule revises the NASA FAR Supplement
(NFS) by removing Part 1871, MidRange Procurement Procedures. The FAR
provides contracting officers with broad discretion and flexibility in
the source selection process in order to achieve a best value outcome. A
separate NASA MidRange process is no longer necessary.
EFFECTIVE DATE: September 2, 2004.
POSTAL SERVICE-Issue 3 of the Purchasing Manual; Incorporation by Reference, Final rule, 69 FR 51364, August 19,
2004.
SUMMARY: The Postal Service announces the
publication of Issue 3 of the Postal Service Purchasing Manual. Issue 3
supersedes previous editions of the Purchasing Manual, and is
incorporated by reference in the Code of Federal Regulations.
EFFECTIVE DATE: This final rule is effective on August
19, 2004. The incorporation by reference of the Purchasing Manual, Issue
3 is approved by the Director of the Federal Register as of August 19,
2004.
NASA-Representations and Certifications–Other Than Commercial Items, Final rule, 69 FR 44610, July 27, 2004.
SUMMARY: This rule adopts as final with change the
interim rule published in the Federal Register on March 22, 2004 (69 FR
13260). The interim rule revised the NASA Federal Acquisition Regulation
(FAR) Supplement (NFS) by amending the Offeror Representations and
Certifications-Other Than Commercial Items provision used in
solicitations for non-commercial simplified acquisitions to conform with
changes made to the FAR by Federal Acquisition Circulars (FAC) 2001-14
and 2001-19. This final rule adopts the interim rule with a change to
conform to changes made to the FAR by FAC 2001-23.
DATES: Effective Date: July 27, 2004.
NASA-Re-Issuance of NASA FAR Supplement Subchapter G, Final rule, 69 FR 44609, July 27, 2004.
SUMMARY: This rule adopts as final without change, the
proposed rule published in the Federal Register on April 22, 2004. This
final rule amends the NASA FAR Supplement (NFS) by removing from the
Code of Federal Regulations (CFR) those portions of the NFS containing
information that consists of internal Agency administrative procedures
and guidance that does not control the relationship between NASA and
contractors or prospective contractors. This change is consistent with
the guidance and policy in FAR Part 1 regarding what comprises the
Federal Acquisition Regulations System and requires publication for
public comment. The NFS document will continue to contain both
information requiring codification in the CFR and internal Agency
guidance in a single document that is available on the Internet. This
change will reduce the administrative burden and time associated with
maintaining the NFS by only publishing in the Federal Register for
codification in the CFR material that is subject to public comment.
DATES: Effective Date: July 27, 2004.
GSAR 2004-G501, Disputes and Appeals,
Proposed rule, 69 FR 40729, July 6, 2004.
SUMMARY:
The General Services Administration (GSA) is proposing to amend the
General Services Acquisition Regulation (GSAR) to add a clause that
supplements the Disputes clause in the Federal Acquisition Regulation
(see 48 CFR Chapter 1).
DATES: Interested parties should submit comments
in writing on or before September 7, 2004, to be considered in the
formulation of a final rule.
Postal Service-Establishment of the Purchasing
Manual To Replace the Procurement Manual; Incorporation by
Reference, Final rule, 69 FR 36 018, June 28, 2004.
SUMMARY: The
Postal Service has issued completely revised purchasing regulations,
replacing the former U.S. Postal Service Procurement Manual with a new
Postal Service Purchasing Manual. The Purchasing Manual focuses on using
the purchasing process to further the business and competitive interests
of the Postal Service. As such, the new Purchasing Manual reflects a
fundamental change to Postal Service purchasing policies and procedures.
EFFECTIVE
DATE: This final rule is effective on June 28, 2004. The
incorporation by reference of the Purchasing Manual is approved by the
Director of the Federal Register as of June 28, 2004.
Re-Issuance of NASA FAR Supplement Subchapter
F, 69 FR 35271, June 24, 2004.
SUMMARY: This rule
adopts as final without change, the proposed rule published in the
Federal Register on March 31, 2004. This final rule amends the NASA FAR
Supplement (NFS) by removing from the Code of Federal Regulations (CFR)
those portions of the NFS containing information that consists of
internal Agency administrative procedures and guidance that does not
control the relationship between NASA and contractors or prospective
contractors. This change is consistent with the guidance and policy in
FAR Part 1 regarding what comprises the Federal Acquisition Regulations
System and requires publication for public comment. The NFS document
will continue to contain both information requiring codification in the
CFR and internal Agency guidance in a single document that is available
on the Internet. This change will reduce the administrative burden and
time associated with maintaining the NFS by only publishing in the
Federal Register for codification in the CFR material that is subject to
public comment.
DATES: Effective Date: June 24, 2004.
Re-Issuance of NASA FAR Supplement Subchapter E, 69 FR 35270, June 24,
2004.
SUMMARY: This rule adopts as final without change,
the proposed rule published in the Federal Register on March 12, 2004.
This final rule amends the NASA FAR Supplement (NFS) by removing from
the Code of Federal Regulations (CFR) those portions of the NFS
containing information that consists of internal Agency administrative
procedures and guidance that does not control the relationship between
NASA and contractors or prospective contractors. This change is
consistent with the guidance and policy in FAR Part 1 regarding what
comprises the Federal Acquisition Regulations System and requires
publication for public comment. The NFS document will continue to
contain both information requiring codification in the CFR and internal
Agency guidance in a single document that is available on the Internet.
This change will reduce the administrative burden and time associated
with maintaining the NFS by only publishing in the Federal Register for
codification in the CFR material that
is subject to public comment.
DATES: Effective Date: June 24, 2004.
GSA, GSAR 2004-G502, Debarment, Suspension,
and Ineligibility, Proposed rule, 69 FR 34247, June 18, 2004.
SUMMARY: The General Services Administration (GSA) is
proposing to amend the General Services Acquisition Regulation (GSAR) to
add an additional procedure to the decision-making process for the
debarment and suspension of parties.
DATES: Interested
parties should submit comments in writing on or before August 17, 2004
to be considered in the formulation of a final rule.
Small Business Size Regulations; Government
Contracting Programs; HUBZone Program, Final rule, 69 FR 29411, May
24, 2004.
SUMMARY: This final rule amends the regulations
governing the Historically Underutilized Business Zone (HUBZone)
Program. In particular, this rule addresses statutory amendments made by
the Small Business Reauthorization Act of 2000, clarifies several
regulations, and makes some technical changes, including changes to Web
site addresses. In addition, this rule amends those size and government
contracting regulations that address subcontracting limitations.
DATES: This rule is effective June 23, 2004.
Small Business Size Regulations; Rules of Procedure Governing Cases Before the Office
of Hearings and Appeals, Final rule, 69 FR 29192, May 21, 2004.
SUMMARY: This final rule amends the U.S. Small Business
Administration’s (SBA’s) small business size regulations and the
regulations applying to appeals of size determinations. In particular,
this rule amends the definitions of affiliation and employees. It also
makes procedural and technical changes to cover programs such as the
SBA’s HUBZone Program and the governmentwide Small Disadvantaged
Business Program. Further, the rule codifies several long-standing
precedents of the SBA’s Office of Hearings and Appeals and clarifies the
jurisdiction of that office.
DATES: Effective Date: The rule is
effective on June 21, 2004.
Applicability Date: These amendments apply
to all solicitations issued on or after the effective date, as well as
all applications for financial or other assistance pending as of or
submitted to the SBA on or after the effective date.
Re-Issuance of NASA FAR Supplement Subchapters H and I, Proposed rule, 69 FR 29256, May 21, 2004.
SUMMARY:
This proposed rule would amend the NASA FAR Supplement (NFS) by removing
from the Code of Federal Regulations (CFR) those portions of the NFS
containing information that consists of internal Agency administrative
procedures and guidance that does not control the relationship between
NASA and contractors or prospective contractors. This change is
consistent with the guidance and policy regarding what comprises the
Federal Acquisition Regulations System and requires publication for
public comment. The NFS document will continue to contain both
information requiring codification in the CFR and internal Agency
guidance in a single document that is available on the Internet. This
change will reduce the administrative burden and time associated with
maintaining the NFS by only publishing in the Federal Register for
codification in the CFR material that is subject to public comment.
DATES: Comments should be submitted
on or before July 20, 2004, to be
considered in formulation of the final
rule.
GSAR Case 2002-G505, Federal Supply
Schedule Contract–Acquisition of Information Technology by State and
Local Governments Through Federal Supply Schedules, Final rule, 69 FR 28063,
May 18, 2004.
SUMMARY: The General Services
Administration (GSA) has issued a final rule amending the General
Services Administration Acquisition Regulation (GSAR) to implement
section 211 of the E-Government Act of 2002. Section 211 authorizes the
Administrator of GSA to provide for the use by States or local
governments of its Federal Supply Schedules for automated data
processing equipment (including firmware), software, supplies, support
equipment, and services.
DATES: Effective Date: May 18, 2004.
Applicability Date: This amendment applies to solicitations and existing
contracts for Schedule 70, Information Technology (IT), and Consolidated
Products and Services Schedule contracts, containing Information
Technology (IT) Special Item Numbers (SINs), as defined in GSAM
538.7001, Definitions, Schedule 70. Further, this amendment applies to
contracts awarded after the effective date of this rule for Schedule 70
and Consolidated Products and Services Schedule contracts, containing IT
SINs. Existing Schedule 70 contracts and Consolidated Products and
Services Schedule contracts, containing IT SINs, shall be modified by
mutual agreement of both parties.
SBA-Small Business Size
Regulations; Government Contracting Programs, Interim final rule, 69
FR 25261, May 05, 2004.
SUMMARY: This interim final rule
implements that section of the recently enacted Veterans Benefits Act of
2003 (VBA), which addresses procurement programs for small business
concerns (SBCs) owned and controlled by service disabled veterans.
According to the interim final rule, a contracting officer may restrict
competition for a requirement to service-disabled veteran owned (SDVO)
SBCs. The interim final rule defines the term service-disabled veterans,
explains when competition may be restricted to SDVO SBCs, and
establishes procedures for protesting the status of an SDVO SBC.
DATES: This rule is effective May 5, 2004. Comments must be
received on or before July 6, 2004.
NASA, Re-Issuance of NASA FAR Supplement. Subchapter G, Proposed rule, 69 FR 21804, April 22, 2004.
SUMMARY: This proposed rule would amend the NASA FAR Supplement (NFS) by
removing from the Code of Federal Regulations (CFR) those portions of
the NFS containing information that consists of internal Agency
administrative procedures and guidance that does not control the
relationship between NASA and contractors or prospective contractors.
This change is consistent with the guidance and policy in FAR Part 1
regarding what comprises the Federal Acquisition Regulations System and
requires publication for public comment. The NFS document will continue
to contain both information requiring codification in the CFR and
internal Agency guidance in a single document that is available on the
Internet. This change will reduce the administrative burden and time
associated with maintaining the NFS by only publishing in the Federal
Register for codification in the CFR material that is subject to public
comment.
DATES: Comments should be submitted on or before June 21, 2004,
to be considered in formulation of the final rule.
NASA-Re-Issuance of the NASA FAR Supplement Subchapters A and B, Parts Parts 1813 Through 1817, and Subchapter D,
Final rule, 69 FR 21761, April 22, 2003.
SUMMARY: This
rule adopts as final without change, the proposed rules published in the
Federal Register on November 17, 2003 (68 FR 64847), December 22, 2003
(68 FR 71055), and December 22, 2003 (68 FR 71056).
Dates:
Effective Date: April 22, 2004.
NASA Grant and Cooperative Agreement
Handbook-Certifications, Disclosures, and Assurances, Final rule, 69
FR 21703, April 22, 2004.
SUMMARY: This final rule amends
the NASA Grant and Cooperative Agreement Handbook (Handbook) to require
that announcements of funding opportunities advise potential applicants
for grants and cooperative agreements that they will be required to
submit required certifications, disclosures, and assurances with their
proposals; and clarify the methods for ensuring compliance with
certifications, disclosures, and assurances. This change is made to
inform applicants of the requirement to demonstrate compliance prior to
proposal preparation instead of prior to award, thereby giving potential
applicants advance notice of these requirements.
EFFECTIVE
DATE: April 22, 2004.
Department of State Acquisition Regulation, Final rule, 69 FR 19329, April 13, 2004.
SUMMARY: This rule
makes final a proposed rule published for comment on November 13, 2003
amending the Department of State Acquisition Regulation (DOSAR). No
public comments were received. The proposed rule is therefore adopted as
final. This final rule also contains three miscellaneous amendments not
published on November 13, 2003, as outlined below.
EFFECTIVE
DATE: This rule is effective April 13, 2004.
NASA Grant and Cooperative Agreement Handbook-Grant Cooperative Agreement Announcement Numbering, Final rule, 69 FR , March 31, 2004.
SUMMARY: This final rule amends the
NASA Grant and Cooperative Agreement Handbook by adding a format and
numbering scheme to identify announcements for NASA’’s grants and
cooperative agreements. The NASA FAR Supplement (NFS) was recently
changed to incorporate a revised solicitation numbering scheme. This
change was implemented to make solicitation numbers consistent with the
data fields of NASA’s IFM system. Although assistance agreements are not
subject to the NFS, NASA has always used the same numbering schemes for
assistance agreements and contracts, as a matter of simplicity and
efficiency. The Grant and Cooperative Agreement Handbook will be amended
to include a cross-reference to the NFS.
EFFECTIVE DATE: March 31, 2004.
NASA-Re-issuance of NASA FAR Supplement Subchapter F, Proposed rule, 69 FR 16886, March 31, 2004.
SUMMARY: This proposed rule would
amend the NASA FAR Supplement (NFS) by removing from the Code of Federal
Regulations (CFR) those portions of the NFS containing information that
consists of internal Agency administrative procedures and guidance that
does not control the relationship between NASA and contractors or
prospective contractors. This change is consistent with the guidance and
policy in FAR Part 1 regarding what comprises the Federal Acquisition
Regulations System and requires publication for public comment. The NFS
document will continue to contain both information requiring
codification in the CFR and internal Agency guidance in a single
document that is available on the Internet. This change will reduce the
administrative burden and time associated with maintaining the NFS by
only publishing in the Federal Register for codification in the CFR
material that is subject to public comment.
DATES: Comments should be
submitted on or before June 1, 2004, to be considered in formulation of
the final rule.
NASA-Government Property, Form 1018, Final rule, 69 FR 16832, March 31, 2004.
SUMMARY: This rule adopts as final, without change, the
interim rule published in the Federal Register (68 FR 62023-62026) on
October 31, 2003, which amended the NASA Federal Acquisition Regulation
Supplement (NFS) to provide a definition of obsolete property, to
address contractor validation of 1018 data, to clarify reporting of
software to which NASA has title, to clarify other property
classifications, and to revise the date for submission of annual
property reports. NASA uses the data contained in contractor reports for
annual financial statements and property management. This change will
provide for consistent reporting of NASA property by contractors.
EFFECTIVE DATES: March 31, 2004.
DOD-Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects, Final rule, 69 FR 16481, March 30, 2004. PDF version.
SUMMARY: This final rule implements section 822 of the National Defense
Authorization act for Fiscal Year 2002, Public Law 107-107, 115 Stat.
1182. Section 822 provides for award of a follow-on production contract
to traditional Defense contractors, without further competition, when
the other transaction (OT) agreement for the prototype project provided
for at least one-third non-Federal cost-share, consistent with law, and
the OT agreement for the prototype project satisfies certain additional conditions of law.
DATES: The final rule is effective March 30, 2004. This final rule will
become effective for solicitations issued on March 30, 2004, or those
issued 30 days after March 30, 2004. This final rule may be used for
new prototype awards that result from solicitations issued prior to
March 30, 2004.
OFCCP-Obligation to Solicit Race and Gender Data for Agency Enforcement
Purposes; Proposed Rule, 69 FR 16445, March 29, 2004. PDF version.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) has
promulgated regulations requiring covered federal contractors to
maintain certain employment records for OFCCP compliance monitoring and
other enforcement purposes. These regulations were amended on November
13, 2000, to require employers to be able to identify, where possible,
the gender, race and ethnicity of each applicant for employment. OFCCP
promulgated this regulatory requirement to govern OFCCP compliance
monitoring and enforcement purposes (e.g., to allow OFCCP to verify EEO
data), consistent with the Uniform Guidelines on Employee Selection
Procedures.
The Uniform Guidelines on Employee Selection Procedures were issued
in 1978 by the Equal Employment Opportunity Commission, the Department
of Labor, the Department of Justice, and the predecessor to the Office
of Personnel Management (“UGESP agencies”). The Uniform Guidelines on
Employee Selection Procedures require employers to keep certain kinds
of information and detail methods for validating tests and selection
procedures that are found to have a disparate impact.
In 2000, the Office of Management and Budget instructed the Equal
Employment Opportunity Commission to consult with the Department of
Labor, the Department of Justice, and the Office of Personnel
Management and “evaluate the need for changes to the Questions and
Answers accompanying the Uniform Guidelines necessitated by the growth
of the Internet as a job search mechanism.”
The UGESP agencies recently have promulgated interpretive
guidelines in question and answer format to clarify how the Uniform
Guidelines on Employee Selection Procedures apply in the context of the
Internet and related technologies. The recent interpretive guidelines
expressly contemplate that “[e]ach agency may provide further
information, as appropriate, through the issuance of additional
guidance or regulations that will allow each agency to carry out its
specific enforcement responsibilities.” The rule proposed today would
amend OFCCP recordkeeping requirements for OFCCP compliance monitoring
and other enforcement purposes to conform to the new interpretive
guidance promulgated by the UGESP agencies.
DATES: Submit written comments on or before May 28, 2004.
DOL-Obligations of Federal Contractors and Subcontractors; Notice of
Employee Rights Concerning Payment of Union Dues or Fees; Final Rule,
69 FR 16375, March 29, 2004. PDF version.
SUMMARY: The Office of Labor-Management Standards (“OLMS”) is
publishing this final rule to implement Executive Order 13201, which
was signed by President George W. Bush on February 17, 2001. The final
rule contains minor changes made as a result of comments received
regarding the notice of proposed rule-making (“proposed rule” or
“NPRM”) published on October 1, 2001. See 66 FR 50010.
Executive Order 13201 (“the Executive Order,” “the Order,” or
“EO 13201”) requires non-exempt government contractors and
subcontractors to post notices informing their employees that under
Federal law, those employees have certain rights related to union
membership and use of union dues and fees. The Order also provides the
text of contractual provisions that Federal Government contracting
departments and agencies must include in every government contract,
except for collective bargaining agreements and contracts for purchases
under the Simplified Acquisition Threshold. These provisions include
the language of the required notices, and explain the sanctions,
penalties, and remedies that may be imposed if the contractor or
subcontractor fails to comply with its obligations under the Order.
Covered government contractors and subcontractors must include these
same provisions in their nonexempt subcontracts and purchase orders, so
that the provisions will be binding upon each subcontractor or vendor.
The final rule provides the text of the required contractual
provisions, explains exemptions, and sets forth procedures for ensuring
compliance with the Order; it also contains other related requirements.
EFFECTIVE DATE: April 28, 2004.
Postal Service- Purchasing and Property and Services, Proposed rule, 69 FR 13786, March 24, 2004. PDF version.
SUMMARY: The Postal Service proposes to
amend its regulations in order to implement the acquisition portions of
its Transformation Plan (April 2000) and the similar recommendations of
the President's Commission on the United States Postal Service (July
2003) as they relate to the acquisition of property and services in
accordance with 39 U.S.C. 101, 401, 403, 404, and 410.
DATES: Written comments must be received on or before April 23, 2004.
NASA-Representations and Certifications--Other Than Commercial Items, Interim Rule, 69 FR 13260, March 22, 2004. PDF Version.
SUMMARY: This interim rule revises the NASA Federal Acquisition
Regulation (FAR) Supplement (NFS) by amending the Offeror
Representations and Certifications--Other Than Commercial Items
provision used in solicitations for non-commercial simplified
acquisitions. This change is required to conform with changes made to
the FAR by Federal Acquisition Circulars (FAC) 2001-14 and 2001-19.
DATES: Effective Date: This interim rule is effective March 22, 2004.
Comment Date: Interested parties should submit comments to NASA at
the address below on or before May 21, 2004, to be considered in
formulation of the final rule.
SBA-Small Business Size Standards; Restructuring of Size Standards, Proposed rule, 69 FR 13129, March 19, 2004. PDF version.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to
modify its small business size standards by establishing size standards
in terms of the number of employees of a business concern for most
industries and SBA programs. This change will reduce the number of
different size standard levels and at the same time simplify size
standards and their application to Federal Government programs. Under
this proposal, size standards will range between 50 employees and 1,500
employees, depending on the industry or SBA program.
For a limited number of industries, SBA proposes to establish a
maximum average annual receipts amount (referred to as a receipts cap)
along with the employee-based size standard. Concerns in those
industries that meet the employee-based size standard also cannot
exceed a specific receipts cap to qualify as an eligible small
business.
To further simplify size standards, SBA also proposes the
following: (1) modify the size standard for the Surety Bond Guarantee
(SBG) Program by replacing the $6 million size standard with the
requirement that the contractor meet the size standard for its primary
industry; (2) extend the 125,000 barrels per calendar day component of
the size standard for petroleum refiners beyond Federal Government
procurement to all Federal small business programs using SBA's size
standards; (3) eliminate the special size standard based on market
share for tire manufacturers that applies to only Federal Government
procurement; (4) modify three receipts-based size standards and one
employee-based size standard for the sale or lease of Government
property; and (5) revise the nonmanufacturer size standard applicable
to Federal procurements from 500 employees to 100 employees, the size
standard that applies to wholesale trade businesses for all other SBA
programs.
DATES: Comments must be received on or before May 18, 2004.
NASA-Re-Issuance of NASA FAR Supplement Subchapter E, Proposed rule, 69 FR 11828, March 12, 2004. PDF Version
SUMMARY: This proposed rule would amend the NASA FAR Supplement (NFS)
by removing from the Code of Federal Regulations (CFR) those portions
of the NFS containing information that consists of internal Agency
administrative procedures and guidance that does not control the
relationship between NASA and contractors or prospective contractors.
This change is consistent with the guidance and policy in FAR Part 1
regarding what comprises the Federal Acquisition Regulations System and
requires publication for public comment. The NFS document will continue
to contain both information requiring codification in the CFR and
internal Agency guidance in a single document that is available on the
Internet. This change will reduce the administrative burden and time
associated with maintaining the NFS by only publishing in the Federal
Register for codification in the CFR material that is subject to public
comment.
DATES: Comments should be submitted on or before May 11, 2004 to be
considered in formulation of the final rule.
NASA FAR Supplement, Performance Period Limitations
, Final rule, 69 FR 9963, March 03, 2004. PDF version.
SUMMARY: This final rule amends the NASA FAR Supplement (NFS) by
clarifying that the five-year limitation on contracts applies to all
procurement award instruments including agreements, orders under a
Federal Supply Schedule, or other indefinite delivery/indefinite
quantity contracts awarded by other agencies. The current NFS language
has been interpreted to exclude certain types of award instruments,
such as basic ordering agreements or blanket purchase agreements, from
the five-year limitation. This change will ensure consistent
application of the five-year performance period limitation and the
waiver process for all award instruments.
EFFECTIVE DATE: March 3, 2004.
DOD-Suspension of the Price Evaluation Adjustment for Small
Disadvantaged Businesses, 69FR 7911, February 20, 2004.
SUMMARY: The Director of Defense Procurement and Acquisition Policy has
suspended the use of the price evaluation adjustment for small
disadvantaged businesses (SDBs) in DoD procurements, as required by 10
U.S.C. 2323(e)(3), because DoD exceeded its 5 percent goal for contract
awards to SDBs in fiscal year 2003. The suspension will be in effect
for 1 year and will be reevaluated based on the level of DoD contract
awards to SDBs achieved in fiscal year 2004.
Dates: Effected Date: February 24, 2004.
Applicability Date: This suspension applies to all solicitations
issued during the period from February 24, 2004, to February 23, 2005.
DOEAR-Conditional Payment of Fee, Profit, and
Other Incentives, Interim final rule, 68 FR 68771, December 10, 2003. PDF version.
SUMMARY: The Department of Energy publishes interim final amendments to
its Acquisition Regulation setting forth policies for reductions of fee
or other amounts payable to DOE prime contractors because of contractor
performance failures related to safeguarding of classified information
and to adequate protection of environment, health and safety, including
the health and safety of workers, at contractor operated sites.
DATES: This rule is effective January 9, 2004. Written comments on
specified portions of this interim final rule
GSPMR Case 2003-105-1, Collection of Claims Owed the United States, Final rule, 68 FR 68740, December 10, 2003. PDF version..
SUMMARY: The General Services Administration (GSA) is amending and
reissuing its regulations concerning the procedures used to collect
debts owed to GSA by incorporating applicable provisions as required by
the Debt Collection Improvement Act of 1996 (DCIA) and the Federal
Claims Collection Standards.
DATES: Effective date: December 10, 2003.
NASA FAR Supplement-Contractor Access to Confidential Information, Proposed rule, 68 FR 67995, December 05, 2003. PDF version.
SUMMARY: This rule proposes to amend the NASA Federal Acquisition
Regulation (FAR) Supplement (NFS) to provide guidance on how NASA will
acquire services to support management activities and administrative
functions, when performing those services requires the contractor to
have access to confidential information submitted by other contractors.
NASA's increased use of contractors to support management activities
and administrative functions, coupled with implementing Agency-wide
electronic information systems, requires establishing consistent
procedures for protecting confidential information from unauthorized
use or disclosure.
DATES: Comments should be submitted on or before February 3, 2004 to be
considered in the formulation of a final rule.
Department of Homeland Security Acquisition Regulation, Interim rule, 68 FR 67867, December 04, 2003. PDF version.
SUMMARY: The Department of Homeland Security (DHS) is issuing an
interim rule to establish the Department of Homeland Security
Acquisition Regulation (HSAR). The HSAR is intended as regulatory
guidance. The HSAR reflects recent changes to the Federal Acquisition
Regulation (FAR) and it establishes and encourages participation in the
DHS Mentor-Proege Program.
DATES: This rule is effective on December 4, 2003. Comments must reach
the Department of Homeland Security, Office of the Chief Procurement
Officer, Acquisition Policy on or before January 5, 2004, to be
considered in the formation of the final rule. Comments on collection
of information sent to the Office of Management and Budget (OMB) must
reach OMB on or before January 5, 2004.
Governmentwide Debarment and Suspension (Nonprocurement), and
Requirements for Drug-Free Workplace (Grants); Rules (Final and Interim
Final), 68 FR 66533, November 26, 2003. PDF version.
SUMMARY: These rules implement changes to the governmentwide
nonprocurement debarment and suspension common rule (NCR) and the
associated rule on drug-free workplace requirements. The final and
interim final rules reflect changes made to the proposed rules in
response to the comments received during the comment period. The NCR
sets forth the common policies and procedures that Federal Executive
branch agencies must use in taking suspension or debarment actions. It
also establishes procedures for participants and Federal agencies in
entering covered transactions. While these procedures are mandatory for
all agencies of the Executive branch under Executive Order 12549, any
Federal agency with procurement or nonprocurement responsibilities may
elect to join the governmentwide system by adopting these procedures
through the rulemaking process. Certain small Executive branch agencies
that are exempt from having to issue separate regulations with the
approval of the Office of Management and Budget, may initiate
suspension and debarment actions in their inherent authority. Following
the procedures set forth in the NCR will help ensure that the agencies'
actions comply with due process standards and provide the public with
uniform procedures. As an alternative, smaller Executive branch
agencies may refer matters of contractor and participant responsibility
to another Executive branch agency for action. For a detailed
explanation of the changes to these rules, see the comments section
under Supplementary Information below.
DATES: The effective date for this rule is November 26, 2003. The
comment date for those agencies issuing this rule as an interim rule
(i.e., the Department of Agriculture, the Export-Import Bank, the
Department of Justice, and the Department of Treasury) is January 26,
2004.
Department of State Acquisition Regulation (DOSAR), Proposed rule, 68 FR 64297, November 13, 2003. PDF Version.
SUMMARY: This proposed rule makes various changes to the DOSAR. It
updates the DOSAR to reflect the current acquisition organizational
structure; provides information regarding electronic commerce
initiatives as they relate to acquisition; outlines the Department's
participation in the Defense Priorities Allocation System; incorporates
a Small Business Administration (SBA) waiver regarding 8(a) competitive
actions; establishes the Department's Mentor-Protégé
Program; eliminates the requirement to collect data on minority
business status; adds guidance and related clauses and provisions
regarding overseas construction projects subject to the Foreign Service
Buildings Act, as amended, and the Omnibus Diplomatic Security and
Antiterrorism Act; adds guidance and a related provision regarding the
acquisition of local guard services overseas; and, provides information
regarding the Contractor Performance System. Finally, the proposed rule
contains miscellaneous technical amendments and corrections needed to
bring the DOSAR in line with recent changes in the Federal Acquisition
Regulation.
DATES: Public comments must be received by January 12, 2004.
NASA-Research and Development Abstracts, Proposed rule, 68 FR 62048, October 31, 2003. PDF version.
SUMMARY: This is a proposed rule to amend the NASA FAR Supplement (NFS)
to include a requirement for the electronic submission of abstracts of
the planned research to be conducted under contracts containing
research and development (R&D) effort valued at over $25,000. This
requirement is being established to support NASA's implementation of
section 207(g) of the E-Government Act of 2002 that mandates the
development and maintenance of a repository that integrates information
on research and development funded by the Federal Government. This
proposed rule would help improve access to information on NASA funded
research and development activities, thus providing public and private
research managers improved capability for R&D program planning.
DATES: Comments should be submitted on or before December 30, 2003.
NASA-Government Property--Instructions for Preparing NASA Form 1018
, 68 FR 62023, October 31, 2003. PDF version.
SUMMARY: This interim rule amends the NASA Federal Acquisition
Regulation Supplement (NFS) to provide a definition of obsolete
property, to address contractor validation of 1018 data, to clarify
reporting of software to which NASA has title, to clarify other
property classifications, and to revise the date for submission of
annual property reports. NASA uses the data contained in contractor
reports for annual financial statements and property management. This
change will provide for consistent reporting of NASA property by
contractors.
DATES: Effective Date: This interim rule is effective October 31, 2003.
Comment Date: Comments should be submitted to NASA on or before
December 30, 2003.
NASA-Conformance With Federal Acquisition Circulars 2001-15 and 2001-
14, Final Rule, 68 FR 62022, October 31, 2003. PDF version.
SUMMARY: This final rule revises the NASA FAR Supplement (NFS) to
conform to changes made to the Federal Acquisition Regulation (FAR) by
Federal Acquisition Circular (FAC) 2001-15 by providing guidance to
contracting officers for use of clause alternates to implement
environmental management system (EMS) requirements on NASA facilities
and removing the requirement for submission of SF 129, Solicitation
Mailing List Application. Additional changes are made to conform to the
revised definition of “United States” contained in FAC 2001-14 and to update the designated NASA ombudsman.
EFFECTIVE DATE: October 31, 2003.
SBA,Small Business Government Contracting Programs, Bundling, Final Rule, 68 FR 60006, October 20, 2003. PDF version.
SUMMARY: This final rule amends the U.S. Small Business Administration
(SBA) regulations governing small business prime contracting
assistance. Specifically, this final rule: revises the definition of
contract bundling to expressly include multiple award contract vehicles
and task and delivery orders under such contracting vehicles; mandates
that procuring activities coordinate with the Small Business Specialist
(SBS) on proposed acquisition strategies or plans contemplating awards
above specified dollar thresholds, and that the SBS notify the agency's
Office of Small and Disadvantaged Business Utilization (OSDBU) when
those strategies include contract bundling that is unnecessary or
unjustified; revises the threshold and documentation required for
substantial bundling; and requires the agency's OSDBU to perform
certain oversight functions. These amendments are intended to implement
a number of the recommendations included in the October 2002 Office of
Management and Budget (OMB) report entitled “Contract Bundling: A
Strategy for Increasing Federal Contracting Opportunities for Small
Business.”
DATES: This rule is effective November 19, 2003.
SBA, Small Business Government Contracting Programs, Proposed Rule, 68 FR 60015, October 20, 2003. PDF version.
SUMMARY: This proposed rule amends the U.S. Small Business
Administration (SBA) regulations governing small business
subcontracting to address several comments received in response to
SBA's proposed rule on contract bundling. Specifically, this proposed
rule provides a list of factors to consider in evaluating prime
contractor's performance and good-faith efforts to achieve the
requirements in its subcontracting plan. The proposed rule also
authorizes the use of goals in subcontracting plans, and/or past
performance in meeting such goals, as a factor in source selection when
placing orders against Federal Supply Schedules, government-wide
acquisition contracts, and multi-agency contracts.
In addition, this proposed rule implements statutory provisions and
other administrative procedures relating to subcontracting goals and
assistance. In particular, the proposed rule lists the various
categories of small businesses that must be afforded maximum
practicable subcontracting opportunities, and clarifies the
responsibilities of prime contractors and SBA's Commercial Market
Representatives (CMRs) under the subcontracting assistance program. The
proposed rule also supplies guidance on Subcontracting Orientation and
Assistance Reviews (SOAR), which CMRs perform to assist prime
contractors to understand and comply with the requirements governing
the small business subcontracting assistance program.
DATES: Comments must be received on or before December 19, 2003.
Regulations Implementing the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act); Interim Rule, 68 FR 59683, October 16, 2003. PDF version.
SUMMARY: This interim rule implements Subtitle G of Title VIII of the
Homeland Security Act of 2002--the Support Anti-terrorism by Fostering
Effective Technologies Act of 2002 (“the SAFETY Act” or “the Act”),
which provides critical incentives for the development and deployment
of anti-terrorism technologies by providing liability protections for
Sellers of “qualified anti-terrorism technologies.” This rule
provides the application process by which a seller will apply for
liability protections for anti-terrorism technologies. Its purpose is
to facilitate and promote the development and deployment of anti-
terrorism technologies that will save lives.
DATES: This interim rule is effective October 16, 2003. Comments and
related material must reach the Docket Management Facility on or before
December 15, 2003. Comments sent to the Office of Management and Budget
(OMB) on collection of information must reach OMB on or before December
15, 2003.
GSAR
Case 2003-G502,, Defense Priorities and Allocations System, Proposed
Rule, 68 FR 59509, October 15, 2003.
SUMMARY: The General
Services Administration (GSA) is proposing to amend the General Services
Administration Acquisition Regulation (GSAR) to implement the Defense
Priorities and Allocations System (DPAS) within the GSA Federal Supply
Service (FSS).
DATES: Interested parties should submit
comments to the Regulatory Secretariat at the address shown below on or
before November 14, 2003, to be considered in the formulation of a final
rule.
NASA-Interagency Acquisition Approvals, Final Rule, 68 FR 57629, October 06, 2003..
SUMMARY: This final rule amends the NASA Federal Acquisition Regulation
Supplement (NFS) by establishing a five-year limitation on interagency
acquisitions. Individual orders or successive non-competitive orders
for the same requirement with the same servicing agency that will
exceed five years require approval of a deviation. This final rule also
requires determinations and findings (D&Fs) for interagency
acquisitions to identify the period of performance and whether the
acquisition is for a non-competitive follow-on for the same requirement
with the same servicing agency. These changes result from NASA's
agreement with OMB on an action plan regarding the President's
Management Agenda Competitive Sourcing element. These changes will
establish greater consistency in the approval requirements for
contracts, grants, cooperative agreements, and interagency acquisitions
with anticipated periods of performance exceeding five years.
EFFECTIVE DATE: October 6, 2003.
OFCCP-Affirmative Action and Nondiscrimination Obligations of Government Contractors, Executive Order 11246, as Amended; Exemption for Religious Entities; Final Rule, 68 FR 56391, September 30, 2003.PDF Version.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is
amending the regulations implementing Executive Order 11246, as
amended, to incorporate the exemption for religious entities prescribed
by Executive Order 13279. Executive Order 11246, as amended, prohibits
Government contractors and subcontractors, and federally assisted
construction contractors and subcontractors from discriminating in
employment, and requires these contractors to take affirmative action
to ensure that employees and applicants are treated without regard to
race, color, religion, sex, or national origin. Section 4 of Executive
Order 13279 amends Section 204 of Executive Order 11246, as amended, to
exempt religious corporations, associations, educational institutions
and societies from certain nondiscrimination requirements.
EFFECTIVE DATES: These regulations are effective October 30, 2003.
NASA-Format and Numbering of Award Documents-Final Rule, 68 FR 53525, September 11, 2003. PDF Version.
SUMMARY: This final rule revises the NASA FAR Supplement (NFS) to
change the scheme used for numbering procurement award instruments.
This change is required to comply with the General Services
Administration (GSA) requirement that each agency establish unique
document numbers on award instruments.
EFFECTIVE DATE: October 1, 2003.
OMB:Cost Accounting Standards Board; Accounting for the Costs of
Post-Retirement Benefit Plans Sponsored by Government Contractors, Notice of withdrawal of Advance Notice of Proposed Rulemaking. 68 FR 53312, September 10, 2003. PDF Version.
SUMMARY:The Office of Federal Procurement Policy (OFPP), Cost
Accounting Standards (CAS) Board, is providing public notification of
the decision to discontinue the development of a Cost Accounting
Standard (CAS) addressing the recognition of costs of post-retirement
benefit plans under government cost-based contracts and subcontracts.
Department of Energy-Acquisition Regulation: Motor Vehicle Fleet Fuel Efficiency
68 FR 52129, September02, 2003. PDF Version.
SUMMARY: The Department of Energy (DOE) is amending its acquisition
regulation to implement Executive Order 13149, dated April 21, 2000,
entitled Greening the Government Through Federal Fleet and
Transportation Efficiency. Specifically, the Department is addressing
the requirements relating to Procurement of Environmentally Preferable
Motor Vehicle Products and Government-Owned Contractor Operated
Vehicles, as they relate to the Department's acquisition program,
including its management contracts with motor vehicle fleet
responsibilities.
EFFECTIVE DATE: October 2, 2003.
General Services Administration Acquisition Regulation;
Identification of Products That Have Environmental Attributes, 68 FR 52127, September 02, 2003. PDF Version.
SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) by
revising the clause concerning identification of energy-efficient
office equipment and supplies containing recovered materials or other
environmental attributes for consistency with the Federal Acquisition
Regulation (FAR) and issuance of Executive Order 13101, Greening the
Government Through Waste Prevention, Recycling, and Federal
Acquisition, and Executive Order 13123, Greening the Government Through
Efficient Energy Management.
DATES: Effective Date: September 2, 2003.
Federal Management Regulation; Sale of Personal Property, Final Rule, 68 FR 51419, August 26, 2003. PDF Version.
SUMMARY: The General Services Administration (GSA) is amending the
Federal Property Management Regulations (FPMR) by revising coverage on
the sale of personal property and moving it into the Federal Management
Regulation (FMR). A cross-reference is added to the FPMR to direct
readers to the coverage in the FMR. The FMR coverage is written in
plain language to provide agencies with updated regulatory material
that is easy to read and understand.
DATES: Effective Date: August 26, 2003.
Cost Accounting Standards Board; Accounting for the Costs of Employee Stock Ownership Plans (ESOPs) Sponsored by Government
Contractors, Advance notice of proposed rulemaking, OFPP, 68 FR 50111, August 20, 2003. PDF version.
SUMMARY: The Cost Accounting Standards Board (CASB), Office of Federal
Procurement Policy, invites public comments on proposed amendments to
the Cost Accounting Standards (CAS), “Cost accounting standard for
composition and measurement of pension cost”, and “Accounting for the
cost of deferred compensation”. These proposed amendments address
issues concerning the recognition of the costs of Employee Stock
Ownership Plans (ESOPs) under Government cost-based contracts and
subcontracts. These proposed amendments provide criteria for measuring
the costs of ESOPs and their assignment to cost accounting periods. The
allocation of a contractor's assigned ESOP costs to contracts and
subcontracts is addressed in other Standards. The proposed amendments
also clarify that accounting for the costs of ESOPs will be covered by
the provisions of “Accounting for the cost of deferred compensation”
and not by any other Standard.
DATES: Comments must be in writing and must be received by November 18, 2003.
Revision to the Department of Labor Acquisition Regulations, Notice of proposed rulemaking, 68 FR 48995, August 15, 2003. PDF Version.
SUMMARY: This document sets forth a revised Department of Labor
Acquisition Regulation (DOLAR). The Department of Labor Acquisition
Regulation implements and supplements the Federal Acquisition
Regulation (FAR). The DOLAR was last revised in 1986, and is
significantly out-of-date. The regulation has been substantially
revised to: Update references to obsolete policies, procedures, and
organizations; incorporate electronic links to reference such as
revised provisions of the FAR, U.S. Code, and the Code of Federal
Regulations; incorporate Office of Federal Procurement Policy Letters,
and Executive Orders; and establish revised procedures that follow
current established best practices. The DOLAR provides a definition for
“Agency Head”, which is inconsistent with the internal Department of
Labor Manual Series (DLMS) Chapters 2-800 and 2-900 that establishes
DOL procurement operating procedures and policies. Future changes to
the DLMS will comport with this definition.
DATES: Interested parties should submit comments on the proposed rule
at the address, shown below, on or before October 14, 2003 to be
considered in the formulation of the final rule.
DoD Grant and Agreement Regulations; Final Rule, 68 FR 47149, August 07, 2003. PDF Version(2.5M).
SUMMARY: The Department of Defense (DoD) is adding a new part to the
DoD Grant and Agreement Regulations (DoDGARs) to incorporate policies
and procedures for the award and administration of technology
investment agreements (TIAs). TIAs are a relatively new class of
assistance instruments. DoD Components use TIAs to support or stimulate
defense research projects involving for-profit firms, especially
commercial firms that do business primarily in the commercial
marketplace. The new part therefore gives DoD agreements officers
greater flexibility to negotiate award provisions in areas that can
present barriers to those commercial firms (e.g., intellectual
property, audits, and cost principles). The DoD also is revising
several additional parts of the DoDGARs to conform them with the new
part.
DATES: These final rules are effective on September 8, 2003.
Regulations Implementing the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act)
, Department of Homeland Security, Notice of Proposed Rulemaking 68 FR 41419, July 11, 2003. PDF Version.
SUMMARY: This proposed rule would implement Subtitle G of Title VIII of
the Homeland Security Act of 2002--the Support of Anti-terrorism by
Fostering Effective Technologies Act of 2002 (“the SAFETY Act” or
“the Act”). As discussed in detail below, the SAFETY Act, through
regulations promulgated by the Department of Homeland Security (“the
Department”), will provide critical incentives for the development and
deployment of anti-terrorism technologies by providing liability
protections for Sellers of “qualified anti-terrorism technologies”
and others.
DATES: Comments and related material must reach the Docket Management
Facility on or before August 11, 2003.
DOD Other Transactions—Follow-On Production Contracts—Proposed Rule, 68 FR 27497, May 20, 2003. PDF Version.
SUMMARY: This document proposes to implement section 822 of the
National Defense Authorization Act for Fiscal Year 2002, Public Law
107-107, 115 Stat. 1182. Section 822 provides for award of a follow-on
production contract to traditional Defense contractors, without further
competition, when the other transaction (OT) agreement for the
prototype project provided for at least one-third non-Federal cost-
share, consistent with law, and the OT agreement for the prototype
project satisfies certain additional conditions of law.
DATES: Comments on the proposed rule must be received in writing to the
address specified below by July 21, 2003, to be considered in the
formation of the final rule.
DOD Other Transactions-Audit Policy-Final Rule, 68 FR 27252, May 20, 2003. PDF Version.
SUMMARY:This final rule establishes the Department's audit policy for
prototype projects that use “other transaction” authority.
Representatives of the military departments, Defense agencies and other
DoD activities, have agreed on a final rule that amends the proposed
rule as a result of comments received.
EFFECTIVE DATES: This final rule will become effective on June 19,
2003. This final rule will become effective for new solicitations
issued on June 19, 2003, and for any issued thereafter. This final rule
may be used for new prototype awards that result from solicitations
issued prior to June 19, 2003
General Services Administration Acquisition Regulation; Federal
Supply Schedule Contracts--Acquisition of Information Technology by
State and Local Governments Through Federal Supply Schedules, Interim Rule 68 FR 24372, May 07, 2003. PDF Version The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to
implement section 211 of the E-Government Act of 2002. Section 211
authorizes the Administrator of GSA to provide for the use by States or
local governments of its Federal Supply Schedules for automated data
processing equipment (including firmware), software, supplies, support equipment, and services.
DATES: Effective Date: May 7, 2003.
Applicability Date: This amendment applies to solicitations and
existing contracts for Schedule 70, Information Technology (IT), and
the Corporate Schedule, containing Information Technology (IT) Special
Item Numbers SINs, as defined in GSAM 538.7001, Definitions, Schedule
70. Further, this amendment applies to contracts awarded after the
effective date of this rule for Schedule 70 and Corporate Schedule
contracts containing IT SINs. Existing Schedule 70 contracts and
Corporate Schedule contracts containing IT SINs, shall be modified by
mutual agreement of both parties.
Comment Date: Interested parties should submit comments to the
Regulatory Secretariat at the address shown below on or before July 7,
2003 to be considered in the formulation of a final rule.
Size for Purposes of the Multiple Award Schedule and Other
Multiple Award Contracts; Small Business Size Regulations; 8(a)
Business Development/Small Disadvantaged Business Status Determinations, Proposed Rule, 68 FR 20350, April 25, 2003. PDF Version.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend
its regulations to address the time at which size is determined for
purposes of the General Services Administration's (GSA) Multiple Award
Schedule (MAS) Program, including the Federal Supply Schedule (FSS),
and other multiple award contracts, including Governmentwide
Acquisition Contracts and multi-agency contracts. SBA also proposes to
amend its 8(a) Business Development regulations to address when a
business concern may receive orders as an 8(a) program participant
under GSA's MAS Program, including the FSS, and other multiple award
contracts.
DATES: Comments must be received on or before June 24, 2003.
FLSA, Defining and Delimiting the Exemptions for Executive,
Administrative, Professional, Outside Sales and Computer Employees, Proposed Rule, 68 FR 15559, March 31, 2003. PDF Version (best for tabular information)
SUMMARY: The Department of Labor proposes to update and revise the
regulations issued under the Fair Labor Standards Act (FLSA)
implementing the exemption from minimum wage and overtime pay for
executive, administrative, professional, outside sales and computer
employees. These exemptions are often referred to as the FLSA's “ white
collar” exemptions. To be considered exempt, employees must meet
certain minimum tests related to their primary job duties and be paid
on a salary basis at not less than specified minimum amounts. The basic
“ duties” tests were originally established in 1938 and revised in
1940. The duties tests were last modified in 1949 and have remained
essentially unchanged since that time. The “ salary basis” test has
remained essentially unchanged since 1954. The salary levels required
for exemption were last updated in 1975, and the amounts adopted at
that time were intended as an interim adjustment. Suggested changes to
the part 541 regulations have been the subject of public commentary for
years, including a review of the regulations by the U.S. General
Accounting Office (GAO) in 1999. GAO recommended that the Secretary of
Labor comprehensively review and make necessary changes to the part 541
regulations to better meet the needs of both employers and employees in
the modern work place, and to anticipate future work place trends.
During 2002, the Department of Labor convened a series of stakeholder
meetings, and heard suggestions for changes from over 40 interest
groups representing employees and employers. The Department of Labor
has carefully examined issues of concern raised by various interested
parties in developing this proposed rule. The Department now invites
public comment on all aspects of the proposed rule.
DATES: Submit written comments on or before June 30, 2003.
Circular No. A-76 (Revised), Transmittal Memorandum No. 25, 68 FR 12388, March 14,2003.
SUMMARY: This Transmittal Memorandum updates the annual federal pay
raise assumptions and inflation factors used for computing the
government's in-house personnel and non-pay costs, as generally
provided in the President's Budget for Fiscal Year 2004.
Small Business Government Contracting Programs; Federal Acquisition
Regulation; Contract Bundling; Proposed Rules, 68 FR 5133, January 31,2003. PDF Version
SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend
its regulations governing small business prime contracting assistance,
to implement the recommendations of the Office of Management and Budget
(OMB) in its report entitled “Contract Bundling, A Strategy for
Increasing Federal Contracting Opportunities for Small Businesses.”
The proposed changes would: revise the definition of bundling to
expressly include multiple award contract vehicles and task and
delivery orders under such contracting vehicles; require procuring
activities to coordinate with the Small Business Specialist (SBS)
proposed acquisition strategies or plans contemplating award of a
contract or order above specified dollar thresholds and require the SBS
to notify the agency Office of Small and Disadvantaged Business
Utilization (OSDBU) when those strategies include contract bundling
that is unnecessary, unjustified, or not identified as such by the
procuring activity; reduce the threshold and revise the documentation
required for “substantial bundling;” require contracting officers to
provide bundling justification documentation to the agency OSDBU when
“substantial bundling” is involved; and require agency OSDBUs to
perform certain oversight functions.
DATES: Comments must be received on or before April 1, 2003.
VA Acquisition Regulation: Simplified Acquisition Procedures for Health-Care Resources, Final Rule 68 FR 3465, January 24, 2003. PDF Version
SUMMARY: This document amends the Department of Veterans Affairs
Acquisition Regulation (VAAR) to establish simplified procedures for
the competitive acquisition of health-care resources, consisting of
commercial services or the use of medical equipment or space pursuant
to statute. The Veterans' Health Care Eligibility Reform Act of 1996
authorized VA to prescribe simplified procedures for the procurement of
health-care resources. This rule prescribes those procedures.
EFFECTIVE DATE: February 24, 2003.
Proclamation 7641 of January 17, 2003, To Modify Rules of Origin Under the North American Free Trade Agreement, 68 FR 3163, January 23, 2003.
General Accounting Office, Bid Protest Regulations, Final Rule., 67 FR 79833, December 31, 2002.[PDF Version]
SUMMARY: The General Accounting Office (GAO) is amending its Bid
Protest Regulations after receiving and considering comments on the
proposed rule published on October 1, 2002. The final rule, promulgated
in accordance with the Competition in Contracting Act of 1984, conforms
the current regulations to current practice, and otherwise improves the
overall efficiency and effectiveness of the bid protest process at GAO.
GAO has not revised Part 21 since 1996, and the amendment will clarify
several aspects of the bid protest process that have evolved since that
time.
EFFECTIVE DATE: January 1, 2003.
Prompt Payment, Office of Management and Budget, Final Rule 67 FR 79515, December 30, 2002. PDF Version
SUMMARY: The Office of Management and Budget (OMB) is issuing a final
revision to its rules on the Prompt Payment Act (PPA) to implement
section 1010 of the National Defense Authorization Act for Fiscal Year
2001, as amended by section 1007 of the National Defense Authorization
Act for Fiscal Year 2002. Section 1010 requires agencies to pay an
interest penalty whenever they make an interim payment under a cost-
reimbursement contract for services more than 30 days after the agency
receives a proper invoice for payment from the contractor. Section 1007
states that the requirements of section 1010 apply to interim payments
that are due on or after December 15, 2000 under any cost-reimbursement
service contract regardless of when the contract was awarded.
DATES: Effective Date: This final rule is effective December 30, 2002.
Applicable Dates: This final rule shall apply to all interim payment
requests that are due on or after December 15, 2000 and received under
cost-reimbursement service contracts awarded before, on, or after
December 15, 2000. However, no interest penalty shall accrue under this
rule for any delay in payment that occurred prior to December 15, 2000.
Proposed revision to Office of Management and Budget Circular No. A-76, "Performance of Commercial Activities.", 67 FR 69769, November 19, 2002. (pdf version)
Proposed revised Circular A-76, November 14, 2002SUMMARY: The Office of Management and Budget (OMB) proposes major
revisions to Circular No. A-76 to improve the management of commercial
activities that are needed to conduct the business of government. The
revisions would expand the use of public-private competitions to all
activities performed in-house and through commercial inter-service
support agreements (ISSAs). The revisions would also incorporate
principles of the Federal Acquisition Regulation (FAR) into the
competitive sourcing process, including the ability to conduct an
expanded best value cost-technical trade-off source selection process.
In addition, the revisions would provide guidance for the development
of inventories identifying the commercial and inherently governmental
activities agencies perform, and prescribe limitations regarding the
reimbursable services federal agencies may provide to state and local
governments.
To accomplish these changes, OMB is proposing to revise and
incorporate the following documents into the revised Circular A-76: the
"Revised Supplemental Handbook to OMB Circular A-76" (March 1999);
OMB Circular A-76 Transmittal Memoranda Nos. 1-24; Office of Federal
Procurement Policy (OFPP) Policy Letter 92-1, "Inherently Governmental
Functions"; and OMB Circular A-97, "Provision of Specialized or
Technical Services to State and Local Units of Government by Federal
Agencies Under Title III of the Intergovernmental Cooperation Act of
1968." The Revised Supplemental Handbook to Circular A-76 (hereafter
"Supplemental Handbook"), OFPP Policy Letter 92-1 and OMB Circular A-
97 would be rescinded.
DATES: Interested parties should submit comments to OFPP, Office of
Management and Budget, at the address shown below on or before December
19, 2002.
Patent and Trademark Office Acquisition Guidelines (PTAG), 67 FR 65092, October 23, 2002.
SUMMARY: The United States Patent and Trademark Office (USPTO) is
publishing a notice of the proposed guidelines which it will apply to
its acquisitions.
DATES: Written comments should be submitted on or before November 22,
2002. PDF Version
General Accounting Office, Administrative Practice and Procedure,
Bid Protest Regulations, Government Contracts, Proposed Rule, 67 FR 61542, October 1, 2002. PDF Version
SUMMARY: The General Accounting Office (GAO) is proposing to revise its
Bid Protest Regulations, promulgated in accordance with the Competition
in Contracting Act of 1984, to conform the current regulation to
current practice, and otherwise to improve the overall efficiency and
effectiveness of the bid protest process at GAO. GAO has not revised
Part 21 since 1996, and the proposed changes will clarify several
aspects of the bid protest process that have evolved since that time.
DATES: Comments must be submitted on or before November 12, 2002.
Transactions Other Than Contracts, Grants, or Cooperative
Agreements for Prototype Projects 67 FR 54955, August 27, 2002. Final Rule.
SUMMARY: This final rule codifies the conditions for appropriate use
and defines a nontraditional Defense contractor consistent with section
803 of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001. Representatives of the military departments, Defense
agencies and other DoD activities, have agreed on a final rule that
amends the interim rule as a result of comments received. Audit policy
is still being discussed and will be addressed by a separate rule, as
appropriate.
DFARS Case 2001-D017, Defense Federal Acquisition Regulation Supplement; Competition
Requirements for Purchase of Services Under Multiple Award Contracts, 67 FR 15351, April 01, 2002.
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement section 803 of the National
Defense Authorization Act for Fiscal Year 2002. Section 803 requires
DoD to issue DFARS policy requiring competition in the purchase of
services under multiple award contracts. In addition to the request for
written comments on this proposed rule, DoD will hold one or more
public meetings to hear the views of interested parties.
DATES: Submission of comments: Written comments on the proposed rule
should be submitted to the address shown below on or before May 6,
2002, to be considered in the formation of the final rule.
Public meeting: The first public meeting will be held at the
address shown below on April 29, 2002, from 12 p.m. to 3 p.m., local
time.
Circular No. A-76, Transmittal Memorandum No. 23 66 FR 14943, March 14, 2001.
SUMMARY: This Transmittal Memorandum updates the annual Federal pay
Prompt
Payment Interest Rate; Contract Disputes Act, 77 Fed. Reg. 76624, December
28, 2012.
SUMMARY: For the period beginning January 01, 2013, and
ending on June 30, 2012, the prompt payment interest rate is 1 3/8 per centum per
annum.
Prompt
Payment Interest Rate; Contract Disputes Act, 77 Fed. Reg. 38888, June
29, 2012.
SUMMARY: For the period beginning July 01, 2012, and
ending on December 31, 2012, the prompt payment interest rate is 1 3/4 per centum per
annum.
Prompt
Payment Interest Rate; Contract Disputes Act, 76 Fed. Reg. 82350, December
30, 2011.
SUMMARY: For the period beginning January 1, 2012, and
ending on June 30, 2012, the prompt payment interest rate is 2 per centum per
annum.
Prompt Payment Interest Rate; Contract Disputes Act, 76 Fed. Reg. 38742, July 01, 2011.
SUMMARY: For the period beginning July 1, 2011, and ending on December
31, 2011, the prompt payment interest rate is 2 1/2 per centum per
annum.
Prompt Payment Interest Rate; Contract Disputes Act, 75 Fed. Reg. 82146, December 29, 2010.
SUMMARY: For the period beginning January 1, 2011, and ending on June
annum.
Prompt Payment Interest Rate; Contract Disputes Act, 75 Fed. Reg. 37881, June 30, 2010.
SUMMARY: For the period beginning July 1, 2010, and ending on December 31, 2010, the prompt payment interest rate is 31/8 per centum per annum.
Prompt Payment Interest Rate; Contract Disputes Act, 74 Fed. Reg. 69379, December 31, 2009.
SUMMARY: For the period beginning January 1, 2010, and ending on June 30, 2010, the prompt payment interest rate is 31/4 per centum per annum.
Prompt Payment Interest Rate; Contract Disputes Act, 74 Fed. Reg. 31794, July 02, 2009.
Summary: For the period beginning July 1, 2009, and ending on December 31, 2009, the prompt payment interest rate is 4 7/8 per centum per
annum.
Prompt Payment Interest Rate; Contract Disputes Act, 73 Fed. Reg. 79977, December 30, 2008.
Summary: For the period beginning January 1, 2009, and ending on June
30, 2009, the prompt payment interest rate is 5 5/8 per centum per
annum.
Prompt Payment Interest Rate; Contract Disputes Act, 73 Fed. Reg. 37529, July 01, 2008.
SUMMARY: For the period beginning July 1, 2008, and ending on December
30, 2008, the prompt payment interest rate and the contract disputes
interest rate is 5 1/8 per centum per annum.
Prompt Payment Interest Rate; Contract Disputes Act, 72 Fed. Reg. 74408, December 31, 2007.
SUMMARY: For the period beginning January 1, 2008, and ending on June
30, 2008, the prompt payment interest rate and the contract disputes
interest rate is 4 3/4 per centum per annum.
Prompt Payment Interest Rate; Contract Disputes Act, 72 Fed. Reg. 35742, June 29, 2007.
SUMMARY: For the period beginning July 1, 2007, and ending on December
31, 2007, the prompt payment interest rate and the contract disputes
interest rate is 5 3/4 per centum per annum.
Renegotiation Board Interest Rate; Prompt Payment Interest Rate;
Contract Disputes Act, 71 FR 78513, December 29,2006.
SUMMARY: For the period beginning January 1, 2007, and ending on June 1,
2007, the prompt payment interest rate is 5 1/4 per centum per annum.
Renegotiation Board Interest Rate; Prompt Payment Interest Rate; Contract Disputes Act, 71 FR 37638, June 30,2006. SUMMARY For the period beginning July 01, 2006, and ending on December 31, 2006, the prompt payment interest rate is 5 3/4 per centum per annum
Renegotiation Board Interest Rate; Prompt Payment Interest Rate; Contract Disputes Act, 70 FR 76497, December 27, 2005. SUMMARY For the period beginning January 1, 2006, and ending on June 30, 2006, the prompt payment interest rate is 5 1/8 per centum per annum.
Renegotiation Board Interest Rate; Prompt Payment Interest Rate; Contract Disputes Act, 70 FR 38253, July 01, 2005. SUMMARY For the period beginning July 1, 2005 and ending on December 31, 2005, the prompt payment interest rate is 4.500 per centum per annum.
Renegotiation Board Interest Rate; Prompt Payment Interest Rate; Contract Disputes Act, 69 FR 78522, December 30, 2004. SUMMARY For the period beginning January 1, 2005 and ending on June 30, 2005, the prompt payment interest rate is 4.250 per centum per annum.