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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.
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),