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PubKLaw® Regulations and Other Administrative Items

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Regulations and other Administrative Items

Department of Education, Acquisition Regulation, Notice of proposed rulemaking, 75 Fed Reg. 51884, August 23, 2010,
SUMMARY: The Secretary proposes to reissue the Department of Education Acquisition Regulation (EDAR) in order to update it to accurately implement the current Federal Acquisition Regulation (FAR) and Department policies.
Dates: We must receive your comments on or before September 22, 2010.

GSA-Rewrite of GSAR Part 541, Acquisition of Utility Services, Final rule, 75 Fed. Reg. 48872, August 12, 2010.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to improve the acquisition of utility services. Two clauses specific to utility services are being added to this part, they are the availability of funds clause which replaces the FAR clause and the disputes clause which supplements the FAR clause.
Dates: Effective Date: September 13, 2010.

SBA-Rules of Procedure Governing Cases Before the Office of Hearings and Appeals, Final rule, 75 Fed. Reg. 47435, August 06, 2010,
SUMMARY:The U.S. Small Business Administration (SBA or Agency) is amending its regulations governing appeals before the SBAs Office of Hearings and Appeals (OHA). OHA is SBAs administrative tribunal, and these regulations are procedural by nature. These revisions codify current practices to make them more transparent, and clarify some existing rules of procedure to make them more understandable particularly to OHAs many pro se litigants.
Dates: Effective Date: This rule is effective September 20, 2010 without further action, unless significant adverse comment is received by September 7, 2010. If significant adverse comment is received, SBA will publish a timely withdrawal of the rule in the Federal Register.
Applicability Date: This rule applies to all appeals filed on or after the Effective Date.

OFCCP-Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Evaluation of Affirmative Action Provisions Under Section 503 of the Rehabilitation Act, as Amended, Advanced notice of proposed rulemaking, 75 Fed. Reg. 43116, July 23, 2010.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is issuing this Advance Notice of Proposed Rulemaking (ANPRM) in order to invite the public to provide input on how OFCCP can strengthen the affirmative action requirements of the regulations implementing section 503 of the Rehabilitation Act of 1973, as amended (Section 503). Strengthening affirmative action requirements will help increase the employment opportunities of people with disabilities in the Federal contractor sector.
Dates: All comments must be received on or before September 21, 2010.

Rewrite of GSAR Part 516, Types of Contracts, Final rule, 75 Fed. Reg. 41093, July 15, 2010.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to update GSAR Part 516, Types of Contracts. GSAR part 516 has been revised to add and/or clarify policy pertaining to requirements for types of contracts.
Dates: Effective Date: August 16, 2010.

Homeland Security Acquisition Regulation; Lead System Integrators, HSAR Case 2009-003, Interim rule, 75 Fed. Reg. 41097, July 15, 2010.
SUMMARY: The Department of Homeland Security (DHS) is issuing an interim rule amending the Homeland Security Acquisition Regulation (HSAR) to implement section 6405 of the U.S. Troop Readiness, Veterans Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007. This section of the Act and these implementing regulations restrict contractors from acting as lead system integrators in the acquisition of DHS major systems if they have direct financial interests in the development or construction of any individual system or element of any system of systems they integrate subject to stated exceptions.
Dates: Effective Date: This rule is effective July 15, 2010.
Comments Due Date: Comments must reach the Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, on or before August 16, 2010.

DOE, Contract Appeals and the Acquisition Regulation: Subchapters AGeneral, B Acquisition Planning, and C Contracting Methods and Contract Types, Notice of proposed rulemaking, 75 Fed. Reg. 38042, July 01, 2010.
SUMMARY: The Department of Energy (DOE) is proposing to remove its Contract Appeals regulation, which implements DOE’s contract appeals procedures and amend the Department of Energy Acquisition Regulation (DEAR) Subchapters A-General, B- Acquisition Planning, and C- Contracting Methods and Contract Types, to make changes to conform to the FAR, remove out-of-date coverage, and update references. Todays proposed rule does not alter substantive rights or obligations under current law.
Dates: Written comments on the proposed rulemaking must be received on or before close of business August 2, 2010.

Department of Energy, Acquisition Regulation: Socioeconomic Programs, Notice of proposed rulemaking, 75 Fed. Reg. 33752, June 15, 2010,
SUMMARY: The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) Socioeconomic Programs to make changes to conform to the FAR, remove out-of-date coverage, and to update references. Todays proposed rule does not alter substantive rights or obligations under current law.
Dates: Written comments on the proposed rulemaking must be received on or before close of business July 15, 2010.

GSAR Case 2008-G503, Rewrite of GSAR Part 505, Publicizing Contract Actions, Final rule, 75 Fed. Reg. 32860, June 10, 2010.
SUMMARY: The General Services Administration (GSA) is issuing a final rule amending GSA Acquisition Regulation (GSAR) which provides requirements for publicizing contract actions.
Dates: Effective Date: June 10, 2010

Revision of Department of Homeland Security Acquisition Regulation; Restrictions on Foreign Acquisition, HSAR Case 2009-005Limitations on Subcontracting in Emergency Acquisitions, Proposed rule, 75 Fed. Reg. 32723, June 09, 2010.
SUMMARY: The Department of Homeland Security (DHS) is proposing to amend its Homeland Security Acquisition Regulation (HSAR) to implement a statutory requirement limiting the use of subcontractors on cost-reimbursement type contracts entered into by the Department to facilitate the response to or recovery from a natural disaster or act of terrorism or other man-made disaster.
Dates: Comments and related material submitted electronically must be submitted to the Federal eRulemaking Portal http://www.regulations.gov. on or before August 9, 2010. Comments and related material submitted by mail must reach the Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation Branch at the address shown below on or before August 9, 2010 to be considered in the formation of the final rule

Revision of Department of Homeland Security Acquisition Regulation; HSAR Case 2009-004 Restrictions on Foreign Acquisition, Affirmation of interim rule as final rule, 75 Fed. Reg. 32676, June 09, 2010.
SUMMARY: The Department of Homeland Security is adopting the amendments to its Homeland Security Acquisition Regulation that were issued under an interim rule on August 17, 2009, as final, without change, to implement a statute limiting the acquisition of products containing textiles from sources outside the United States.
Dates: Effective Date: June 9, 2010

Department of Energy-Acquisition Regulation-Supplementary Regulations, Notice of proposed rulemaking, 75 Fed. Reg. 32719, June 09, 2010.
SUMMARY: The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) on DOE Management and Operating Contracts to make changes to conform to the Federal Acquisition Regulation (FAR), remove out-of-date coverage, and update references. Today’s proposed rule does not alter substantive rights or obligations under current law.
Dates: Written comments on the proposed rulemaking must be received on or before close of business July 9, 2010.

Department of Energy, E-General Contracting Requirements, Subchapter F-Special Categories of Contracting, and Subchapter G- Contract Management. Final rule, 75 Fed. Reg. 29456, May 26, 2010.
SUMMARY: The Department of Energy (DOE) is amending the Department of Energy Acquisition Regulation (DEAR) Subchapters E-General Contracting Requirements, F-Special Categories of Contracting, and G-Contract Management to make changes to conform to the FAR, remove out-of-date coverage, and to update references. Today’s rule does not alter substantive rights or obligations under current law.
Dates: Effective Date: June 25, 2010

Department of Energy, Acquisition Regulation: Access to and Ownership of Records, Notice of proposed rulemaking, 75 Fed. Reg. 28772, May 24, 2010.
SUMMARY: The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) to revise the applicability and the policies and procedures involving the access to and ownership of records. Much work at DOE facilities is performed by contractor and subcontractor personnel and involves hazardous materials or the possibility of exposure to radioactive materials. It is necessary for the contractors and subcontractors to maintain extensive records for the Government involving these workers and processes, in particular, personnel; facility; occupational safety and health; environment; and medical records. DOE is proposing to amend these clauses for consistent inclusion in all applicable contracts, not just management and operating (M&O) contracts, based on the type of work being performed, to ensure preservation and Government ownership of records. Additionally, the proposed revisions address inconsistencies relating to DOE contractor and subcontractor efforts in managing records in accordance with DOE retention requirements. The proposed revisions are being made to establish consistent records maintenance, retention, and disposal; and to ensure certain records generated on groups of individuals in the performance of the contract are maintained as DOE Privacy Act Systems of Records.
Dates: Written comments on the proposed rulemaking must be received on or before close of business June 23, 2010.

Labor- Notification of Employee Rights Under Federal Labor Laws, Final rule, 75 Fed. Reg. 28368, May 20, 2010.
SUMMARY: On August 3, 2009, the Office of Labor-Management Standards (“OLMS”) in the Department of Labor (“the Department”) issued a proposed rule implementing Executive Order 13496. This final rule sets forth the Departments review of and response to comments on the proposal and any changes made to the rule in response to those comments. President Barack Obama signed Executive Order 13496 (“Executive Order” or “E.O. 13496”) on January 30, 2009. The Executive Order requires nonexempt Federal departments and agencies to include within their Government contracts specific provisions requiring contractors and subcontractors with whom they do business to post notices informing their employees of their rights as employees under Federal labor laws. The Executive Order requires the Secretary of Labor (“Secretary”) to prescribe the size, form, and content of the notice that must be posted by a contractor under paragraph 1 of the contract clause described in section 2 of the Order. Under the Executive Order, unless a specified exception or exemption applies, Federal Government contracting departments and agencies must include the required contract provisions in every Government contract. As required by the Executive Order, this final rule establishes the content of the notice required by the Executive Orders contract clause, and implements other provisions of the Executive Order, including provisions regarding sanctions, penalties, and remedies that may be imposed if the contractor or subcontractor fails to comply with its obligations under the Order and the implementing regulations.
Dates: Effective Date: This rule will be effective on June 21, 2010.

OFPP-Cost Accounting Standards: Harmonization of Cost Accounting Standards 412 and 413 With the Pension Protection Act of 2006, Proposed rule, 75 Fed. Reg. 25982, May 10, 2010.
SUMMARY: The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards Board (Board), invites public comments concerning the harmonization of Cost Accounting Standards 412 and 413 with the Pension Protection Act (PPA) of 2006. The PPA amended the minimum funding requirements for defined benefit pension plans. The PPA required the Board to harmonize with PPA the CAS applicable to the Government reimbursement of the contractor ’s pension costs. The Board has proposed several changes to harmonize CAS with PPA, including the recognition of a “minimum actuarial liability” consistent with the PPA minimum required contribution. The proposed CAS changes will lessen the difference between the amount of pension cost reimbursable to the contractor in accordance with CAS and the amount of pension contribution required to be made by the contractor as the plan sponsor by PPA.
Dates: Comments must be in writing and must be received by the July 9, 2010.

U. S. Election Assistance Commission, Nonprocurement Debarment and Suspension, Proposed rule, 75 Fed. Reg. 24494, May 05, 2010.
SUMMARY: The Election Assistance Commission (EAC) invites the general public and other Federal agencies to take this opportunity to comment on proposed debarment and suspension regulations. These proposed regulations will apply to nonprocurement grants, cooperative agreements and other similar transactions. Under this system, a person who is debarred or suspended is excluded from federal financial and nonfinancial assistance and benefits under federal programs and activities. The proposed regulations adopt the format established by the Office of Management and Budget (OMB) in a document on nonprocurement debarment and suspension published in the Federal Register on August 31, 2005. In today’s notice EAC proposes establishing a new 2 CFR chapter 58 Part 5800 that adopts OMB’s final government-wide guidance on nonprocurement debarment and suspension and contains supplemental EAC nonprocurement debarment and suspension provisions.
Dates: You must submit comments on or before 5 p.m. Eastern Standard Time on June 4, 2010.

Health and Human Services, Acquisition Regulation, Corrections, 75 Fed. Reg. 21508, April 26, 2010.
SUMMARY: This action corrects minor errors, inconsistencies and omissions in the final rule, which revised the Health and Human Services Acquisition Regulation (HHSAR) to implement statutes and government-wide mandates enacted or issued since December 2006.
Dates: These corrections are effective on April 26, 2010.

Interior- Acquisition Regulation Rewrite, Interim final rule, 75 Fed. Reg. 19828, April15, 2010.
SUMMARY: The Department of the Interior (DOI) is taking interim final action on administrative changes to the Department of the Interior Acquisition Regulation (DIAR). This action revises the DIAR, 48 CFR Chapter 14, but does not impose any new requirements on DOI contractors. The revisions in this interim final rule will make minor corrections to and streamline DOI acquisition processes to be consistent with and non-duplicative of the Federal Acquisition Regulation (FAR). Some DIAR coverage is being revised and obsolete material is being removed. FAR clauses are now available that provide coverage for the DIAR clauses that are removed by this rule.
Dates: This rule is effective on May 17, 2010. Submit comments by June 14, 2010.

OMB- Requirements for Implementing Sections 1512, 1605, and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards, Amendments of interim final guidance, 75 Fed. Reg. 14323, March 25, 2010.
SUMMARY: The Office of Federal Financial Management (OFFM) is amending certain sections of the interim final guidance at 2 CFR part 176 that pertain to international agreements. These amendments reflect changes with respect to U.S. international obligations since the publication of the interim final guidance. Public comments received in response to the initial publication of the interim final guidance will be addressed when the guidance is finalized.
Dates: The effective date of the amendments to 2 CFR part 176 (the interim final guidance) is March 25, 2010.

Defense Federal Acquisition Regulation Supplement; Appendix A, Armed Services Board of Contract Appeals, Part 1-Charter, 75 Fed. Reg. 14095, March 24, 2010.
SUMMARY: DoD is issuing the updated Charter of the Armed Services Board of Contract Appeals (ASBCA), dated May 14, 2007. The ASBCA is chartered to serve as the authorized representative of the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force in hearing, considering, and determining appeals by contractors from decisions of contracting officers or their authorized representatives or other authorities regarding claims on contracts under the Contract Disputes Act of 1978 or other remedy-granting provisions.
Dates: Effective Date: March 24, 2010.

DOJ-Redelegation of Authority of Assistant Attorney General, Civil Division, to Branch Directors, Heads of Offices and United States Attorneys in Civil Division Cases, Final rule, 75 Fed. Reg. 14070, March 24, 2010.
SUMMARY: This final rule amends Civil Directive 1495, published in the Appendix to Subpart Y of Part 0, which sets forth the redelegation of authority by the Assistant Attorney General of the Civil Division to branch directors, heads of offices, and United States Attorneys. On May 20, 2009, the President signed the Fraud Enforcement and Recovery Act (FERA), which authorized the Attorney General to delegate his authority to issue civil investigative demands (CIDs). As a result, the Attorney General signed Order No. 31342010 (Jan. 15, 2010) delegating to the Assistant Attorney General for the Civil Division the Attorney General’s authority to issue CIDs, and permitting that authority to be redelegated to other Department officials, including United States Attorneys. Pursuant to FERA and the Attorney General’s order, the new rule would redelegate the authority of the Assistant Attorney General for the Civil Division to issue CIDs in monitored and delegated cases to United States Attorneys, with a notice and reporting requirement. The new rule also eliminates certain differences between the authorities of branch directors and United States Attorneys to file, close, or compromise Civil Division cases, revise the documentation requirements in cases delegated to the latter, and make a few “housekeeping” revisions.
Dates: Effective Date: This rule is effective March 24, 2010 and is applicable beginning March 8, 2010.

Department of Labor-Nondisplacement of Qualified Workers Under Service Contracts, Notice of proposed rulemaking, request for comments, 75 Fed. Reg. 13382, March 19, 2010.
SUMMARY: This document proposes regulations to implement Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts, signed by President Obama on January 30, 2009. The Executive Order establishes a general policy of the Federal Government that service contracts and solicitations for such contracts shall include a clause that requires the contractor, and its subcontractors, under a contract that succeeds a contract for performance of the same or similar services at the same location, to offer those employees employed under the predecessor contract whose employment will be terminated as a result of the award of the successor contract, a right of first refusal of employment under the contract in positions for which they are qualified. The Executive Order also directs the Department of Labor (DOL), in consultation with the Federal Acquisition Regulatory Council (FARC), to issue regulations, within 180 days of the date of the Order to the extent permitted by law, to implement the requirements of this Order. The Regulatory Information Number (RIN) identified for this rulemaking will change with publication of the Spring Regulatory Agenda due to an organizational restructuring. The old RIN was assigned to the Employment Standards Administration, which no longer exists; a new RIN has been assigned to the Wage and Hour Division.
Dates: Comments must be submitted on or before May 18, 2010.

Commerce Acquistion Regulation, Final rule, 75 Fed. Reg. 10568, March 08, 2010.
SUMMARY: We, the Department of Commerce, issue a final rule to bring the Commerce Acquisition Regulation in alignment with the Federal Acquisition Regulation (FAR) and to streamline DOCs internal policy and guidance. This final rule updates the entire CAR through FAC 2005-21.
Dates: This rule is effective April 7, 2010.

SBA-Women-Owned Small Business Federal Contract Program, Notice of proposed rulemaking, 75 Fed. Reg. 10030, March 04, 2010.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend its regulations governing small business contracting procedures. This Proposed Rule would amend part 127, that was promulgated in a Final Rule on October 1, 2008, and entitled “The Women-Owned Small Business Federal Contract Assistance Procedures,” RIN 3245-AF40. This Proposed Rule would implement procedures authorized by the Small Business Act (Act) (Pub. L. 85536, as amended) to help ensure a level playing field on which Women- Owned Small Businesses (WOSBs) can compete for Federal contracting opportunities. SBA proposes changes to part 127 that include eliminating the requirement for an agency-by-agency determination of discrimination, adopting both “numbers” and “dollars” measures of underrepresentation, and using the Fiscal Year 2006 Central Contractor Registration (CCR) database as the data source for determining eligible industries under the WOSB Program. This Proposed Rule thus identifies the eligible industries under the Program as those industries in which WOSBs are underrepresented or substantially underrepresented using either the numbers or the dollars approach. This Proposed Rule seeks to retain, for the most part, parts 121 and 134 of the Final Rule published on October 1, 2008, titled “The Women- Owned Small Business Federal Contract Assistance Procedures,” RIN 3245 AF40; these portions of the rule govern various implementation procedures of the Program, as more fully discussed below.
    In addition, SBA is withdrawing its proposed rule entitled “The Women- Owned Small Business Federal Contract Assistance Procedures,” which was published on October 1, 2008, in the Federal Register together with a request for comments on two data sets used to determine the eligible industries under the WOSB Program.
Dates: Date of Withdrawal: The proposed rule published on October 1, 2008, in the Federal Register at 73 FR 57014 is withdrawn as of March 4, 2010.
Comment Date: Submit comments on or before May 3, 2010.

Small Business, Small Disadvantaged Business, HUBZone, and Service- Disabled Veteran-Owned Protest and Appeal Regulations, Proposed rule, 75 Fed. Reg. 9129, March 01, 2010.,
SUMMARY: The U.S. Small Business Administration (SBA or Agency) proposes to amend its regulations to clarify the effect, across all small business programs, of initial and appeal eligibility decisions on the procurement in question; increase the amount of time that SBA has to render formal size determinations; require that SBAs Office of Hearings and Appeals (OHA) issue a size appeal decision within 60 calendar days of the close of the record, if possible; increase the amount of time that SBA has to file North American Industry Classification System (NAICS) code appeals; alter the NAICS code appeal procedures to comply with a Federal Court decision; clarify that contracting officers must reflect final agency eligibility decisions in federal procurement databases and goaling statistics; clarify how a contracting officer assigns a NAICS code and size standard to a multiple award procurement; and make other changes to size status protest and appeal rules.
Dates: Comments must be received on or before March 31, 2010.

Department of Agriculture-Designation of Biobased Items for Federal Procurement, Notice of Proposed Rulemaking, 75 Fed. Reg. 6796, February 10, 2010.
SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add nine sections that will designate the following items within which biobased products would be afforded Federal procurement preference: Disposable tableware; expanded polystyrene foam recycling products; heat transfer fluids; ink removers and cleaners; mulch and compost materials; multipurpose lubricants; office paper; topical pain relief products; and turbine drip oils. USDA is also proposing minimum biobased contents for each of these items.
Dates: USDA will accept public comments on this proposed rule until April 12, 2010.

Rewrite of Part 512, Acquisition of Commercial Items, Final rule, 75 Fed. Reg. 5241, February 02, 2010.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to update the text addressing the acquisition of commercial items. This rule is a result of the GSAM Rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the Federal Acquisition Regulation, and to implement streamlined and innovative acquisition procedures that contractors, offerors, and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the GSAR as well as internal agency acquisition policy.
Dates: Effective Date: March 4, 2010

Postal Service, Purchasing of Property and Services, Final rule, 75 Fed. Reg. 1541, January 12, 2010.
SUMMARY: The Postal Service is revising its regulations governing the supplier disagreement resolution (SDR) process to clarify and explain the purposes of that process, and to remove extraneous and duplicative language.
Dates: Effective Date: January 12, 2010.

Department of Energy Acquisition Regulation: Subchapter E-General Contracting Requirements, Subchapter F-Special Categories of Contracting, and Subchapter G-Contract Management, Notice of proposed rulemaking, 75 Fed. Reg. 964, January 07, 2009.
SUMMARY: The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) Subchapters E General Contracting Requirements, F Special Categories of Contracting, and GContract Management to make changes to conform to the FAR, remove out-of-date coverage, and to update references. DOE will separately propose rules for changes to parts 927 and 945, respectively. Today’s proposed rule does not alter substantive rights or obligations under current law.
Dates: Written comments on the proposed rulemaking must be received on or before close of business February 8, 2010.

GSAR Case 2007-G507, Describing Agency Needs, Final rule, 74 Fed. Reg. 66251, Dece,ber 15, 2009.
SUMMARY: The General Services Administration (GSA) is amending the GSA Acquisition Regulation (GSAR) to revise language that provide requirements for describing agency needs.
Dates: Effective Date: January 14, 2010.

8(a) Business Development/Small Disadvantaged Business Status Determinations, Proposed rule; notice of extension of comment period, 74 Fed. Reg. 65040, December 09, 2009.
SUMMARY: On October 28, 2009, the U.S. Small Business Administration (SBA or Agency) proposed changes to its 8(a) Business Development (8(a) BD) and Small Disadvantaged Business (SDB) programs as well as its size regulations. The rule proposes to make a number of changes to the regulations governing the 8(a) BD and SDB programs, and several changes to SBAs size regulations. Some of the changes involve technical issues. Other changes are more substantive and result from SBAs experience in implementing the current regulations. SBA requested comments on the various approaches for the proposed changes in the proposed rulemaking. The proposed rule provided a 60-day comment period closing on December 28, 2009.
SBA is extending the comment period an additional 30 days to January 28, 2010. We are extending the comment period because SBA believes that affected businesses need more time to adequately respond.
Dates: The comment period for the proposed rule published on October 28, 2009 (74 FR 55694), is extended until January 28, 2010.

GSAR Case 2006-G508; Rewrite of Part 570, Acquiring Leasehold Interests in Real Property, Proposed rule, 74 Fed. Reg. 63704, December 04, 2009.
SUMMARY: The General Services Administration (GSA) is proposing to amend the GSA Acquisition Regulation (GSAR) to revise sections of GSAR part 570 that provide requirements for acquiring leasehold interests in real property.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before February 2, 2010 to be considered in the formulation of a final rule.

Health and Human Services Acquisition Regulation, Issuance of direct final rule and opportunity for comment, 74 Fed. Reg. 62396, November 27, 2009.
SUMMARY: The Department of Health and Human Services (HHS) is revising its Federal Acquisition Regulation (FAR) Supplementthe HHS Acquisition Regulation (HHSAR) in its entirety to reflect statutory, FAR, and government- wide and HHS policy changes since the last revision to the HHSAR in December 2006.
Dates: Comments are due on or before December 28, 2009. If HHS does not receive adverse comments, this direct final rule will be effective on January 26, 2010.

HUBZone and Government Contracting, Final rule, 74 Fed. Reg. 56699, November 03, 2009.
SUMMARY: This rule amends the U.S. Small Business Administrations (SBAs or Agencys) Historically Underutilized Business Zone (HUBZone) programs definition of the term “employee.”
Dates: : This rule is effective May 3, 2010.

Small Business Size Regulations; 8(a) Business Development/Small Disadvantaged Business Status Determinations, Proposed rule, 74 Fed. Reg. 55694, October 28, 2009.
SUMMARY: This rule proposes to make changes to the regulations governing the 8(a) Business Development (8(a) BD) and Small Disadvantaged Business (SDB) programs, and to the U.S. Small Business Administration’s (SBA or Agency) size regulations. Some of the changes involve technical issues such as changing the term “SIC code” to “NAICS code’” to reflect the national conversion to the North American Industry Classification System. Other changes are more substantive and result from SBA’s experience in implementing the current regulations. For example, SBA has learned through experience that certain of its rules governing the 8(a) BD program are too restrictive and serve to unfairly preclude firms from being admitted to the program. In other cases, SBA has determined that a rule is too expansive or indefinite and has sought to restrict or clarify that rule. In one case wording changes are being proposed to correct past public or agency misinterpretation. Also, new situations have arisen that were not anticipated when the current rules were drafted and the proposed rule seeks to cover those situations. Finally, one of the changes, involving Native Hawaiian Organizations (NHO’s), implements a statutory change.
Dates: Comments must be received on or before December 28, 2009.

Department of Agriculture, Designation of Biobased Items for Federal Procurement, Final rule, 74 Fed. Reg. 55089,
SUMMARY: The U.S. Department of Agriculture (USDA) is amending its Guidelines for Designating Biobased Products for Federal Procurement, to add nine sections to designate items within which biobased products will be afforded Federal procurement preference, as provided for under section 9002 of the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation, and Energy Act of 2008 (FCEA) (referred to in this document as “section 9002”). USDA also is establishing a minimum biobased content for each of these items.
Dates: This rule is effective November 27, 2009.

GSAR Case 2006-G515; Rewrite of GSAR Part 532, Contract Financing, Final rule, 74 Fed. Reg. 54915, October 26, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to update Part 532, Contract Financing, of the regulation. This project is part of the GSAM rewrite Project, in which all parts of the regulation are being reviewed and updated to include new statutes, legislation, and policies.
Dates: Effective Date: November 25, 2009.

Commerce Acquisition Regulation (CAR): Plain Language Rewrite; Proposed Rule, 74 Fed. Reg. 52542, October 13, 2009.
SUMMARY: The Commerce Acquisition Regulation (CAR) was originally codified March 30, 1984, and amended by subsequent regulations published in the Federal Register. The Department of Commerce (DOC) proposes to update the entire CAR through FAC-2005-21. This proposed rule will bring the CAR in alignment with the FAR through FAC 2005-21 and streamline DOC internal policy and guidance.
Dates: Comments on the proposed rule should be submitted on or before December 14, 2009 to be considered in the formulation of the final rule.

Rewrite of GSAR Part 503; Improper Personal Conflicts of Interest, Final rule, 74 Fed. Reg. 51510, October 07, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) by revising the regulations pertaining to Improper Business Practices and Personal Conflicts of Interest. This rule is a product of the GSAM Rewrite Initiative undertaken by GSA to revise the regulation to maintain consistency with the FAR and implement streamlined and innovative acquisition procedures for contractors, offerors, and GSA contracting personnel. The GSAM incorporates the General Services Administration Acquisition Regulation (GSAR) as well as internal agency acquisition policy.
Dates: Effective Date: October 7, 2009.

GSAR Case 2008G505; Rewrite of GSAR Part 514, Sealed Bidding, Final rule, 74 Fed. Reg. 47737, September 17, 2009.
SUMMARY: The General Services Administration (GSA) is amending the GSA Acquisition Regulation (GSAR) by revising the sections of GSAR Part 514 that provide requirements for sealed bidding. This rule is a result of the GSA Manual (GSAM) Rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the Federal Acquisition Regulation (FAR), and to implement streamlined and innovative acquisition procedures that contractors, bidders, and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the GSAR as well as internal agency acquisition policy.
Dates: October 19, 2009.

SBA- Inflationary Adjustments to Acquisition-Related Dollar Thresholds, Interim rule, 74 Fed. Reg. 46885, September 14, 2009.
SUMMARY: The U.S. Small Business Administration (SBA) is amending its regulations to implement the statutorily required inflationary adjustment of the Agency’s acquisition-related dollar thresholds and to make SBA’s regulations consistent with the inflationary adjustments that are already codified in the Federal Acquisition Regulation (FAR).
Dates: Effective Date: This rule is effective on September 14, 2009.
Comment Date: Comments must be received on or before October 14, 2009.

Small Business Size Regulations; Rules of Procedure Governing Cases Before the Office of Hearings and Appeals; Correction, 74 Fed. Reg. 46312, September 09, 2009.
SUMMARY: The U.S. Small Business Administration (SBA) is correcting several of its Small Business Size Regulations, published in the Federal Register on May 21, 2004. SBA is correcting a reference to an incorrect North American Industry Classification System (NAICS) code, and updating two Internet Web addresses that appear in part 121 of the Code of Federal Regulations (CFR), chapter 13.
Dates: Effective September 9, 2009.

Department of Homeland Security, Restrictions on Foreign Acquisition (HSAR Case 2009-004), Interim rule, 74 Fed. Reg. 41346, August 17, 2009.
SUMMARY: The Department of Homeland Security (DHS) is amending its Homeland Security Acquisition Regulation (HSAR) parts 3025 and 3052 to reflect a statutory change limiting the acquisition of products containing textiles from sources outside the United States.
Dates: Effective Date: August 17, 2009.
Comment Date: Comments and related material submitted electronically must be submitted to the Federal eRulemaking Portal http:// www.regulations.gov on or before September 16, 2009. Comments and related material submitted by mail must reach the Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation Branch at the address shown below on or before September 16, 2009, to be considered in the formation of the final rule.

GSAR Case 2006-G501, Mentor-Protégé Program, Final rule, 74 Fed. Reg. 41060, August 14, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to amend its acquisition regulations to formally encourage GSA prime contractors to assist small business, including veteran-owned small business, service-disabled veteranowned small business, HUBZone, small disadvantaged business, and womenowned small business, in enhancing their capabilities to perform contracts and subcontracts for GSA and other Federal agencies. The program seeks to increase the base of small business eligible to perform GSA contracts and subcontracts. The program also seeks to foster long-term business relationships between GSA prime contractors and small business entities and to increase the overall number of small business entities that receive GSA contracts, and subcontract awards.
Dates: Effective Date: September 14, 2009.
Applicability Date: The final rule applies to solicitations and existing contracts for supplies or services, including Federal Supply Schedules and construction. Existing contracts shall be modified at no cost to the Government by mutual agreement of both parties

GSAR Case 2008-0501, Rewrite of Part 502, Definitions of Words and Terms, Final rule, 74 Fed. Reg. 39563, August 07, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise sections of GSAR Part 502 that provide definitions for general words and terms. This section will only contain definitions for terms that are used in more than one place in the GSAR.
Dates: Effective Date: August 7, 2009.

DOL-Notification of Employee Rights Under Federal Labor Laws, Notice of proposed rulemaking, 74 Fed. Reg. 38488, August 03, 2009.
SUMMARY: This Notice of Proposed Rulemaking (NPRM) proposes a regulation to implement Executive Order 13496, which was signed by President Barack Obama on January 30, 2009. Executive Order 13496 (“the Executive Order,” “the Order,” or “EO 13496”) requires nonexempt Federal departments and agencies to include within their Government contracts specific provisions requiring that contractors and subcontractors with whom they do business post notices informing their employees of their rights as employees under Federal labor laws. The Executive Order requires the Secretary (“Secretary”) of the Department of Labor (“Department”) to initiate a rulemaking to prescribe the size, form, and content of the notice that must be posted by a contractor under paragraph 1 of the contract clause described in section 2 of the Order. Under the Executive Order, Federal Government contracting departments and agencies must include the required contract provisions in every Government contract, except for collective bargaining agreements and contracts for purchases under the Simplified Acquisition Threshold, and except in those cases in which the Secretary exempts a contracting department or agency with respect to particular contracts or subcontracts or class of contracts or subcontracts pursuant to section 4 of the Order. As required by the Executive Order, this proposed rule establishes the content of the notice required by the Executive Orders contract clause, and implements other provisions of the Executive Order, including provisions regarding sanctions, penalties, and remedies that may be imposed if the contractor or subcontractor fails to comply with its obligations under the Order and the implementing regulations.
Dates: Comments regarding this proposed rule must be received by the Department of Labor on or before September 2, 2009.

EPA-Acquisition Regulation, Guidance on Technical Direction, Final Rule, 74 Fed. Reg. 37173, Julym28, 2009.
SUMMARY: EPA is amending the EPA Acquisition Regulation (EPAAR) to revise the prescription for and the content of a clause that addresses issuing technical direction in contracts. This revision incorporates and supersedes several class deviations to the EPAAR and updates terminology and procedures related to issuing technical direction.
Dates: This final rule is effective August 12, 2009.

Health and Human Services, Acquisition Regulations in Fiscal Year 2009, Notice, 74 Fed. Reg. 36487, July 23, 2009.
SUMMARY: The Department of Health and Human Services (HHS) is interested in encouraging HHS prime contractors to assist small businesses, small disadvantaged businesses, HUBZone businesses, veteran-owned businesses, service-disabled veteran-owned businesses, and woman-owned businesses, in enhancing their capabilities to perform contracts and subcontracts for HHS and other Federal agencies. The program seeks to provide a Mentor-Protégé Program that assists qualified small businesses to receive development assistance from HHS prime contractors in order to increase the base of small business eligible to perform HHS contracts and subcontracts.
Dates: The Department of Health and Human Services (HHS) is proposing to amend its acquisition regulations in Fiscal Year 2009. Due dates for written comments on the proposed rulemaking will be published at that time. The intent of this notice is to publicize the HHS proposed mentor-prote´ge´ program, specific solicitation and contract guidance will be included in the proposed rulemaking.
    To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on August 24, 2009.

Department of Defense, Private Security Contractors (PSCs) Operating in Contingency Operations, Interim final rule, 74 Fed. Reg. 34690, July 17, 2009.
SUMMARY: This part establishes policy, assigns responsibilities and provides procedures for the regulation of the selection, accountability, training, equipping, and conduct of personnel performing private security functions under a covered contract during contingency operations. It also assigns responsibilities and establishes procedures for incident reporting, use of and accountability for equipment, rules for the use of force, and a process for administrative action or the removal, as appropriate, of PSCs and PSC personnel. For the Department of Defense, this IFR supplements DoD Instruction 3020.41, “Contractor Personnel Authorized to Accompany the U.S. Armed Forces,” which provides guidance for all DoD contractors operating in contingency operations.
     This part is of critical importance. It is being published as an Interim Final Rule because there is insufficient policy and guidance regulating the actions of DoD and other governmental PSCs and their movements in the operational area. It will procedurally close existing gaps in the oversight of Private Security Contractors (PSCs), ensure compliance with laws and regulations pertaining to Inherently Governmental functions, and ensure proper performance by armed contractors. The expansion of troops in Afghanistan will result in a corresponding increase in the number of PSCs performing in that Area of Operations. This part is required to ensure implementation of necessary guidance for all U.S.G. PSCs across the CENTCOM area of responsibility. Further, the publication of this IFR is required to meet the mandate of Section 862 of the 2008 National Defense Authorization Act. The Congress has expressed continuing concern that regulations for the oversight of PSCs are not yet in place.
Dates: This rule is effective July 17, 2009. Comments must be received by August 31, 2009.

GSAR Case 2008G514; Rewrite of Part 546, Quality Assurance, Final rule, 74 Fed. Reg. 26107, June 01, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) by revising sections of GSAR Part 546 and 552 that provides requirements for quality assurance.
Dates: Effective Date: June 1, 2009.

NASA Mentor-Protégé Program, Final rule, 74 Fed. Reg. 25671, May 29, 2009.
SUMMARY: This final rule amends the NASA FAR Supplement (NFS) to update the procedures for NASA’s Mentor-Protégé program. The changes will streamline the program; align the mentoring to technical skills; expand the program to Veteran-owned, HUBZone, and NASA Small Business Innovation Research (SBIR) Phase II small businesses; and include award fee incentives.
Dates: Effective date: May 29, 2009.
Applicability date: NASAs revised procedures for the Mentor-Protégé program will be effective for new applications that are submitted on or after May 29, 2009.

GSAR Case 2006-G518; Rewrite of GSAR Part 547, Transportation, Final rule, 74 Fed. Reg. 25671, May 29, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) by deleting and reserving Part 547, Transportation.
Dates: Effective Date: June 29, 2009

GSAR Case 2007G502, Rewrite of GSAM Part 513, Simplified Acquisition Procedures, Final rule, 74 Fed. Reg. 25448, May 28 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) by revising and updating the agency’s implementation of Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures.
Dates: Effective Date: May 28, 2009.

GSAR Case 2008G511; Rewrite of Part 541, Acquisition of Utility Services, Proposed rule, 74 Fed. Reg. 23374, May 19, 2009.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to revise the section of GSAR Part 541 that provides requirements for the acquisition of utility services.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before July 20, 2009 to be considered in the formulation of a final rule.

GSAR Case 2008G515; Rewrite of GSAR Part 549, Termination of Contracts, Final rule, 74 Fed. Reg. 21272, May 07, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise the language that provides requirements for termination of contracts.
Dates: Effective Date: June 8, 2009.

GSAR Case 2006G520; Rewrite of Part 525, Foreign Acquisition, Final rule, 74 Fed. Reg. 20894, May 06, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise and update the agencys implementation of Federal Acquisition Regulation (FAR) Part 25.
Dates: Effective Date: July 6, 2009.

Rules of Practice Before the Postal Service Board of Contract Appeals, Final rule, 74 Fed. Reg. 20590, May 05, 2009.
SUMMARY: This document contains the final revisions to the rules of procedure before the Postal Service Board of Contract Appeals (Board), which will govern all proceedings before the Board. These rules of procedure completely replace and supersede the prior rules.
Dates: Effective Date: June 1, 2009.

GSA-GSAR Case 2008G510; Rewrite of GSAR Part 537, Service Contracting, Final rule, 74 Fed. Reg. 20605, May 05, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) by revising the text addressing service contracting. This rule is a result of the General Services Administration Acquisition Manual (GSAM) rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the Federal Acquisition Regulation (FAR), and to implement streamlined and innovative acquisition procedures that contractors, offerors, and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the GSAR as well as internal agency acquisition policy.
Dates: Effective Date: June 4, 2009.

OFPP Exemption From Cost Accounting Standards for Contracts Executed and Performed Entirely Outside the United States, Its Territories, and Possessions, Notice of request for information, 74 Fed. Reg. 18491, April 23, 2009.
SUMMARY: The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board (CASB), invites public comments and information on a provision that provides an exemption from CAS for contracts and subcontracts that are executed and performed entirely outside the United States, its territories, and possessions (overseas exemption).
Dates: Responses must be in writing and must be received by May 26, 2009.

GSA-GSAR Case 2006G517, Rewrite of GSAR Part 528, Bonds and Insurance, Final rule, 74 Fed. Reg. 17908, April 14, 2009.
SUMMARY: The General Services Administration (GSA) is amending the GSA Acquisition Regulation (GSAR) to update the text addressing bonds and insurance. This rule is a result of the GSA Acquisition Manual (GSAM) rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the Federal Acquisition Regulation (FAR), and to implement streamlined and innovative acquisition procedures that contractors, offerors, and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the GSAR as well as internal agency acquisition policy.
Dates: Effective Date: May 14, 2009

DOT- Disadvantaged Business Enterprise Program; Potential Program Improvements, Advanced notice of proposed rulemaking, 74 Fed. Reg. 15904, April 08, 2009.
SUMMARY: This advance notice of proposed rulemaking (ANPRM) provides interested parties with the opportunity to comment on five matters of interest to participants in the Department of Transportations disadvantaged business enterprise (DBE) program. The first concerns counting of items obtained by a DBE subcontractor from its prime contractor. The second concerns ways of encouraging “unbundling” of contracts to facilitate participation by small businesses, including DBEs. The third is a request for comments on potential improvements to the DBE application form, and the fourth asks for suggestions related to program oversight. The fifth concerns potential regulatory action to facilitate certification for firms seeking to work as DBEs in more than one state. The sixth concerns additional limitations on the discretion of prime contractors to terminate DBEs for convenience, once the prime contractor had committed to using the DBE as part of its showing of good faith efforts.
Dates: Comments on this proposed rule must be received by July 7, 2009.

DOL-Obligation of Federal Contractors and Subcontractors; Notice of Employee Rights Concerning Payment of Union Dues or Fees, Final rule; rescission of regulations, 74 Fed. Reg. 14045, March 30, 2009.
SUMMARY: This final rule rescinds the regulations found at 29 CFR part 470, which implemented Executive Order 13201. Executive Order 13496, signed by President Obama on January 30, 2009 and published in the Federal Register on February 4, 2009, revoked Executive Order 13201, thus removing the authority under which such regulations were promulgated. Accordingly, the Secretary of Labor (the “Secretary”) is issuing this final rule to rescind the regulations that implement and enforce the now-revoked Executive Order 13201.
Dates: Effective Date: March 30, 2009.

General Services Acquisition Regulation; GSAR Case 2006-G512; Rewrite of GSAR Part 509, Contractor Qualifications, Final rule, 74 Fed. Reg. 12731, March 25, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Manual (GSAM) to update the text addressing contractor qualifications. This rule is a result of the General Services Administration Acquisition Manual (GSAM) rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the Federal Acquisition Regulation (FAR), and to implement streamlined and innovative acquisition procedures that contractors, offerors, and GSA contracting personnel can use when entering into and administering contractual relationships. The GSAM incorporates the General Services Administration Acquisition Regulation (GSAR) as well as internal agency acquisition policy.
Dates: Effective Date: April 24, 2009

General Services Acquisition Regulation; GSAR Case 2006G506; Rewrite of Part 523, Environment, Conservation, Occupational Safety and Drug-Free Workplace, Proposed rule, 74 Fed. Reg. 11889
SUMMARY: The GSA is proposing to amend the General Services Acquisition Regulation (GSAR) to update the text addressing environment, conservation, occupational safety and drug-free workplace.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before May 19, 2009 to be considered in the formulation of a final rule.

Department of Homeland Security, Prohibition on Federal Protective Service Guard Services Contracts With Business Concerns Owned, Controlled, or Operated by an Individual Convicted of a Felony, Proposed rule, 74 Fed. Reg. 11512, March 18, 2009.
SUMMARY: DHS is proposing to amend the Homeland Security Acquisition Regulation (HSAR) to prohibit DHS from awarding a Federal Protective Service (FPS) contract for guard services to a business concern that is owned, controlled, or operated by an individual who has been convicted of a serious felony. The rule is necessary to implement the provisions of Public Law 110356, the Federal Protective Service Guard Contracting Reform Act of 2008.
Dates: Comment date: Interested parties should submit written comments to the Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, on or before April 17, 2009.

Department of Energy, Federal Procurement of Energy Efficient Products, Final rule, 74 Fed. Reg. 10830, March 13, 2009.
SUMMARY: The U.S. Department of Energy (DOE) today publishes a final rule to promote Federal procurement of energy-efficient products. The final rule establishes guidelines for Federal agencies regarding the implementation of amendments to the National Energy Conservation Policy Act (NECPA) that require Federal agencies to procure ENERGY STAR qualified and Federal Energy Management Program (FEMP) designated products in procurements involving energy consuming products and systems. Todays final rule includes changes in response to comments received on the notice of proposed rulemaking published June 19, 2007. Most notably, todays final rule does not establish a reporting requirement, as initially proposed, for federal agencies under procurement requirement of NECPA.
Dates: This rule is effective April 13, 2009.

Defense Acquisition Regulations System, Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses
ACTION: Notice of 1-year suspension of the price evaluation adjustment for small disadvantaged businesses., 74 Fed Reg. 7671, February 19, 2009.
SUMMARY: The Director of Defense Procurement has suspended the use of the price evaluation adjustment, as required by 10 U.S.C. 2323(e)(3)(B), because DoD exceeded its 5 percent goal described in 10 U.S.C. 2323(a) in fiscal year 2008. The suspension will be in effect for 1 year and will be reevaluated in fiscal year 2009 based on the level of DoD contract awards established in 10 U.S.C. 2323(a).
DATES: Effective Date: March 13, 2009.
Applicability Date: This suspension applies to all solicitations issued during the period from March 13, 2009, to March 12, 2010.

Rules of Practice, Postal Service Board of Contract Appeals, Proposed rule, 74 Fed. Reg. 6844, February 11, 2009.
SUMMARY: This document contains the rules of procedure of the Postal Service Board of Contract Appeals (Board) which will govern all proceedings before the Board. The Board was reestablished by the National Defense Authorization Act for Fiscal Year 2006, to hear and decide contract disputes relative to a contract entered into by the United States Postal Service or the Postal Regulatory Commission. In addition the Board has jurisdiction over other matters assigned to it by the Postmaster General, and over matters otherwise authorized by applicable law. The Board intends to issue final, revised rules after considering all comments on the proposed rules.
Dates: Comments must be received on or before March 13, 2009.

GSAR Case 2006-G507; Rewrite of GSAR Part 538, Federal Supply Schedule Contracting, Proposed rule, 74 Fed. Reg. 4506, Jamuary 26, 2009.
SUMMARY: The GSA is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to revise sections of the GSAR that provide requirements for Federal Supply Schedule Contracting actions.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before March 27, 2009 to be considered in the formulation of a final rule.

GSAR Case 2008G513; Rewrite of GSAR Part 543, Contract Modifications, Final rule, 74 Fed. Reg. 864, January 09, 2009.
SUMMARY: The General Services Administration (GSA) is amending the GSA Acquisition Regulation (GSAR) to revise the language that provides requirements for contract modifications.
Dates: Effective Date: January 9, 2009.

GSAR Case 2008G512; Rewrite of GSAR Part 542; Contract Administration and Audit Services, Final rule, 74 Fed. Reg. 863, January 09, 2009.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise sections of GSAR Part 542 that provide requirements for contract administration and audit services.
Dates: Effective Date: February 9, 2009.

National Science Foundation, Program Fraud Civil Remedies Act, Proposed rule, 73 Fed. Reg. 79761, December 30, 2008.
SUMMARY: The National Science Foundation (NSF) is proposing to issue regulations to implement the Program Fraud Civil Remedies Act of 1986 (PFCRA). PFCRA authorizes certain Federal agencies, including NSF, to impose, through administrative adjudication, civil penalties and assessments against any person who makes, submits, or presents, or causes to be made, submitted, or presented, a false, fictitious, or fraudulent claim or written statement to the agency. The proposed regulations establish the procedures that NSF will follow in implementing PFCRA, and specify the hearing and appeal rights of persons subject to penalties and assessments under PFCRA.
Dates: Comments must be submitted by January 29, 2009

GSA-GSAR Case 2007G501, Protests, Disputes, and Appeals, Final rule, 73 Fed. Reg. 74613, December 09, 2008.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) by updating language pertaining to protests, disputes, and appeals.
Dates: Effective Date: January 8, 2009.

NASA-Government Property, Proposed rule, 73 Fed. Reg. 73202, December 12, 2008.
SUMMARY: NASA proposes to revise the NASA FAR Supplement (NFS) to update Agency-level, property-related provisions, clauses, prescriptions and procedures to be consistent with changes made to Part 45 and clauses 52.245 of the Federal Acquisition Regulation in Federal Acquisition Circular (FAC) 200517. FAC 200517 significantly rewrote FAR Part 45, Government Property, and changed property related definitions, provisions and clauses which are required to be used in all solicitations and contracts issued after the effective date of June 14, 2007.
Dates: Interested parties should submit comments on or before February 2, 2009, to be considered in formulation of the final rule.

NASA-Information Technology (IT) Security, Proposed rule, 73 Fed. Reg. 73201, December 12, 2008.
SUMMARY: NASA proposes to revise the NASA FAR Supplement (NFS) to update requirements related to Information Technology Security, consistent with Federal policies for the security of unclassified information and information systems. The rule imposes no new requirements. Its purpose is to more clearly define applicability, update procedural processes, eliminate the requirement for contractor personnel to meet the NASA System Security Certification Program, and provide a Web site link within a contract clause to a library where contractors can find all underlying regulations and referenced documents.
Dates: Interested parties should submit comments on or before February 2, 2009 to be considered in formulation of the final rule.

GSAR 2008 G509; Rewrite of Part 536, Construction and Architect-Engineer Contracts, Proposed rule, 73 Fed. Reg. 73199, December 02, 2008.
SUMMARY: The GSA is proposing to amend the GSA Acquisition Regulation (GSAR) to revise the language that provides requirements for contracting construction and architect-engineer services.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before February 2, 2009 to be considered in the formulation of a final rule.

Treasury-Regulations Pertaining to Mergers, Acquisitions, and Takeovers by Foreign Persons; Final Rule, 73 Fed. Reg. 70702, November 21, 2008.
SUMMARY: This Final Rule amends regulations in part 800 of 31 CFR that implement section 721 of the Defense Production Act of 1950 (section 721), as amended by the Foreign Investment and National Security Act of 2007, codified at 50 U.S.C. App. 2170. While the revised regulations retain many features of the prior regulations, a number of changes have been made to implement section 721, increase clarity, reflect developments in business practices over the past several years, and make additional improvements based on experiences with the prior regulations.
DATES: Effective date: This rule is effective December 22, 2008. Applicability date: See § 800.103.

Internal Revenue Service, Withholding Under Internal Revenue Code Section 3402(t), Notice of proposed rulemaking, 73 Fed. Reg. 74082, December 05, 2008.
SUMMARY: This document contains proposed regulations relating to withholding under section 3402(t) of the Internal Revenue Code (Code). The proposed regulations reflect changes in the law made by the Tax Increase Prevention and Reconciliation Act of 2005 that require Federal, State, and local government entities to withhold income tax when making payments to persons providing property or services. These proposed regulations provide guidance to assist the government entities in complying with section 3402(t). The regulations also provide certain guidance to persons receiving payments for property or services from government entities. This document also contains proposed amendments to regulations under sections 3406, 6011, 6051, 6071, and 6302 of the Code.
Dates: Written or electronic comments and requests for a public hearing must be received by March 5, 2009.

Agriculture-Designation of Biobased Items for Federal Procurement, Notice of proposed rulemaking, 73 Fed. Reg. 63298, October 23, 2008.
SUMMARY: The U.S. Department of Agriculture (USDA) is proposing to amend the Guidelines for Designating Biobased Products for Federal Procurement, by adding nine sections to designate the following nine items within which biobased products would be afforded Federal procurement preference: Chain and cable lubricants; corrosion preventatives; food cleaners; forming lubricants; gear lubricants; general purpose household cleaners; industrial cleaners; multipurpose cleaners; and parts wash solutions. USDA also is proposing minimum biobased content for each of these items.
Dates: USDA will accept public comments on this proposed rule until December 22, 2008

DOL-Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction, Proposed rule, 73 Fed. Reg. 62229, October 20, 2008.
SUMMARY: In this proposed rule, the Department of Labor (Department or DOL) proposes to revise regulations issued pursuant to the Davis-Bacon and Related Acts and the Copeland Anti- Kickback Act to better protect the personal privacy of laborers and mechanics employed on covered construction contracts.
Dates: Comments must be submitted on or before November 19, 2008.

GAO-Rules of Procedure of the Government Accountability Office Contract Appeals Board, Final rule, 73 Fed. Reg. 60609, October 14, 2008.
SUMMARY: This document contains the final revisions to the interim rules of procedures of the Government Accountability Office (GAO) Contract Appeals Board (Board), which was published in the Federal Register on June 26, 2008. These rules supersede the interim rules of the Board and will govern all proceedings before the Board filed on or after October 1, 2007.
Dates: Effective Date: October 14, 2008

GSAR Case 2008-G505; Rewrite of GSAR Part 514, Sealed Bidding, Proposed rule, 73 Fed. Reg. 60224, October 10, 2008.
SUMMARY: The GSA is proposing to amend the General Services Acquisition Regulation (GSAR) to revise the GSAR language regarding requirements for sealed bidding.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before December 9, 2008 to be considered in the formulation of a final rule.

GSAR Case 2007-G507; Describing Agency Needs, Proposed rule, 73 Fed. Reg. 58590, October 09, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise language regarding the requirements for describing the agency needs.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before December 8, 2008 to be considered in the formulation of a final rule.

GSAR Case 2006-G510; Rewrite of GSAR Part 504, Administrative Matters, Proposed rule, 73 Fed. Reg. 59589, October 09, 2008.
SUMMARY: The GSA is proposing to amend the General Services Acquisition Regulation (GSAR) to revise the language regarding requirements for administrative matters.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before December 8, 2008 to be considered in the formulation of a final rule.

GSA-GSAR Case 2006G515; Rewrite of Part 532, Contract Financing, Proposed rule, 73 Fed. Reg. 58515, October 07, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise and update the agencys implementation of Federal Acquisition Regulation (FAR) contract financing policies. GSA has taken this opportunity to implement coverage for incremental funding of fixed-price, time-and-materials, and labor-hour contracts.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before November 6, 2008 to be considered in the formulation of a final rule.

SBA-Small Disadvantaged Business Program, Interim rule, 73 Fed. Reg. 57490, October 03, 2008.
SUMMARY: This rule changes the requirements relating to which firms may certify their status as small disadvantaged businesses (SDBs) for purposes of federal prime contracts and subcontracts. Currently, only those firms that have applied to and been certified as SDBs by SBA may certify themselves to be SDBs for federal prime and subcontracts. This rule allows firms to self-represent their status for subcontracting purposes without first receiving any SDB certification. It also recognizes that the benefits of being an SDB for federal prime contracts has been greatly diminished over the past years, and shifts the responsibility of identifying firms as SDBs for federal prime contracts to those limited agencies that have authority and chose to use price evaluation adjustments to SDBs.
Dates: Effective Date: This rule is effective October 3, 2008.
Comment Date: Comments must be received on or before November 3, 2008

GSAR Case 2008G506; Rewrite of GSAR Part 515, Contracting by Negotiation, Proposed rule, 73 Fed. Reg. 57580, October 03, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise language that provides requirements for contracting by negotiation.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before December 2, 2008 to be considered in the formulation of a final rule.

SBA-The Women-Owned Small Business Federal Contract Assistance Procedures, Proposed rule, 73 Fed. Reg. 57014, October 01, 2008.
SUMMARY: The U.S. Small Business Administration (SBA) is seeking comments on a data issue involving the Women-Owned Small Business (WOSB) Federal Contract Assistance Procedures authorized under Section 8(m) of the Small Business Act. Specifically, SBA is seeking comments on two data sets: the Central Contractor Registration (CCR) data set which was used in the RAND report and the proposed rule for the WOSB Federal Contract Assistance Procedures to determine the representation of WOSBs in Federal procurement in the various industries and a non-public Survey of Business Owners (SBO) data set from the Economic Census, which was not previously used in the RAND report or the proposed rule to determine the representation of WOSBs in Federal procurement in the various industries. This request for comments is intended to stimulate dialogue on available data sets and the comments will be evaluated to determine which data set will provide the soundest basis to identify industries in which WOSBs are underrepresented in Federal procurement.
Dates: The SBA must receive comments on or before October 31, 2008.

SBA-The Women-Owned Small Business Federal Contract Assistance Procedures, Final rule, 73 Fed. Reg.56940, October 01, 2008.
SUMMARY: This final rule amends the U.S. Small Business Administration (SBA) regulations governing small business contracting programs to set forth procedures that will govern the new Women-Owned Small Business (WOSB) Federal Contract Assistance Procedures as authorized in the Small Business Act.
Dates: Effective Date: This rule is effective October 31, 2008.
Applicability Date: This final rule will be effective 30 days after publication. This final rule does not identify the industries in which WOSBs are underrepresented or substantially underrepresented in Federal procurement because SBA is awaiting comments on its proposed rule before concluding its eligibility determinations. SBAs determination of the industries in which WOSBs are underrepresented or substantially underrepresented in Federal procurement will be effective not less than 30 days after its publication date.

SBA-Suspension of Applicants for Small Disadvantaged Business Program, Notice,73 Fed. Reg. 54881, September 23, 2008.
SUMMARY: The Small Business Administration (SBA) is suspending the receipt of applications for the Government-wide small disadvantaged business (SDB) program effective September 22, 2008. SBA will continue to process all applications received before that date to completion, unless an applicant withdraws its application.
Dates:
Effective Date: September 22, 2008.
Applicability Date: This suspension applies until lifted by SBA through notice in the Federal Register.

GSAR Case 2008G517; Cooperative Purchasing- Acquisition of Security and Law Enforcement Related Goods and Services (Schedule 84) by State and Local Governments Through Federal Supply Schedules, Interim rule, 73 Fed. Reg. 54334, September 19, 2008.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to implement Pub.L. 110248, The Local Preparedness Acquisition Act. The Act authorizes the Administrator of General Services to provide for the use by State or local governments of Federal Supply Schedules of the General Services Administration (GSA) for alarm and signal systems, facility management systems, firefighting and rescue equipment, law enforcement and security equipment, marine craft and related equipment, special purpose clothing, and related services (as contained in Federal supply classification code group 84 or any amended or subsequent version of that Federal supply classification group).
Dates: Effective Date: September 19, 2008.
Applicability Date: This amendment applies to solicitations and existing contracts for Schedule 84, as defined in GSAM 538.7001, Definitions, Schedule 84. Further, this amendment applies to contracts awarded after the effective date of this rule for Schedule 84. Existing Schedule 84 contracts shall be modified by mutual agreement of both parties.
Comment Date: Interested parties should submit written comments to the Regulatory Secretariat on or before November 18, 2008 to be considered in the formulation of a final rule.

GSAR Case 2008G503; Rewrite of GSAR Part 505, Publicizing Contract Actions, Proposed rule, 73 Fed. Reg. 53404, September 16, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise language that provides requirements for publicizing contract actions.
Dates: : Interested parties should submit written comments to the Regulatory Secretariat on or before November 17, 2008 to be considered in the formulation of a final rule

OFPP-Harmonization of Cost Accounting Standards 412 and 413 With the Pension Protection Act of 2006, Advance Notice of Proposed Rulemaking, 73 Fed. Reg. 51261, September 02, 2008.
SUMMARY: The Office of Federal Procurement Policy, Cost Accounting Standards Board, invites public comments concerning an Advance Notice of Proposed Rulemaking on the harmonization of Cost Accounting Standards 412 and 413 with the Pension Protection Act of 2006.
Dates: Comments must be in writing and must be received by November 3, 2008.

VA Acquisition Regulation: Supporting Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses, Proposed rule, 73 Fed. Reg. 49141, August 20, 2008.
SUMMARY: This proposed rule would implement portions of the Veterans Benefits, Health Care, and Information Technology Act of 2006 and Executive Order 13360, Providing Opportunities for Service-Disabled Veteran Businesses to Increase Their Federal Contracting and Subcontracting. The Public Law and Executive Order authorize the Department of Veterans Affairs (VA) to establish special methods for contracting with service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs). Under this proposed rule, a VA contracting officer could restrict competition in contracting for SDVOSBs or VOSBs under certain conditions. Likewise, sole source contracts with SDVOSBs or VOSBs would be permitted under certain conditions. The proposed rule would implement these special acquisition methods as a change to the VA Acquisition Regulation (VAAR).
Dates: Comments on the proposed rule should be submitted on or before October 20, 2008 to be considered in the formulation of the final rule.

GSAR Case 2008G515; Rewrite of GSAR Part 549, Termination of Contracts, Proposed rule, 73 Fed. Reg. 47123, August 13, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise language that provides requirements for termination of contracts.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before October 14, 2008 to be considered in the formulation of a final rule.

SBA-Notice of methodology for measuring the economic impact of the HUBZone Program, 73 Fed. Reg. 46698, August 11, 2008.
SUMMARY: In June 2008, the Government Accountability Office (GAO) issued its findings on the U.S. Small Business Administration (SBA) Historically Underutilized Business Zone (HUBZone) Program. One of GAO’s findings is that the SBA does not assess the Program’s economic impact. The GAO noted the importance of this given that the HUBZone Program is primarily defined by economic factors (household income, unemployment rate, and poverty rate).
    On June 6, 2008, the SBA responded to GAO’s findings, and provided several steps to address them. One of these steps is to develop a methodology for assessing the Program’s economic impact.
    This paper outlines the anticipated methodology for this assessment. The paper will provide a brief description of the different methodological options currently available for undertaking an impact assessment. It will then provide a basic description of the HUBZone Program. Finally, it will detail the specific methodology chosen for measuring the Program’s economic impact.
    The complexity of assessing the Program’s economic impact lies in that there are multiple government agencies using three relevant procurement mechanisms, and five classes of HUBZones. In addition, the required data for this assessment will be derived from four different databases. This multiple database feature, as well as other documented data issues of the HUBZone Program, increases the difficulty of correctly identifying the assessment’s relevant data elements. This methodology assumes that these data issues will be addressed.
    This methodology will trace Federal contract dollars as they flow to the various HUBZone areas. It will then estimate the impact of these contract dollars on the HUBZone areas’ employment and household income. To isolate the impact of the HUBZone Program, the methodology differentiates Federal contract dollar-flows in three ways: (1) Via the HUBZone Direct Mechanism, where Federal contract dollar-flows are directly attributable to the HUBZone Program; (2) Via the Non- HUBZone SBA Contract Mechanisms, where Federal contract dollar-flows are directly attributable to SBA programs, but exclude the HUBZone Program; (3) Via the Non-SBA Federal Contract Mechanisms, where Federal contract dollar-flows are not associated with any SBA program.
    This differentiation addresses GAO’s recommendation to develop measures that take into account factors such as (1) the economic characteristics of the HUBZone areas and (2) Federal contracts being counted under multiple socioeconomic subcategories.
Dates: Comments must be received on or before September 10, 2008

Rewrite of GSAR Part 522, Application of Labor Laws to Government Acquisitions, Final rule, 73 Fed. Reg. 46202, August 08, 2008.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise language pertaining to application of labor laws to Government acquisitions. This rule is a product of the General Services Administration Acquisition Manual (GSAM) Rewrite Initiative, undertaken by GSA to revise the regulation to maintain consistency with the FAR and implement streamlined and innovative acquisition procedures for contractors, offerors, and GSA contracting personnel. The GSAM incorporates the GSAR as well as internal agency acquisition policy.
Dates: Effective Date: August 8, 2008.

GSAR Case 2006G517; Rewrite of GSAR Part 528, Bonds and Insurance, Proposed rule, 73 Fed. Reg. 45378, August 05, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise language that provides requirements for bonds and insurance.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before October 6, 2008 to be considered in the formulation of a final rule.

GSAR Case 2008G514; Rewrite of GSAR Part 546, Quality Assurance, Proposed rule, 73 Fed. Reg. 45379, August 05, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise language that provides requirements for quality assurance.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before October 6, 2008 to be considered in the formulation of a final rule.

GSAR Case 2008 G502;Improper Personal Conflicts of Interest, Proposed rule, 73 Fed. Reg. 45194, August 04, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise language regarding requirements for improper business practices and personal conflicts of interest.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before October 3, 2008 to be considered in the formulation of a final rule.

GSAR Case 2007G502; Rewrite of GSAR Part 513, Simplified Acquisition Procedures, Proposed rule, 73 Fed. Reg. 44955, August 01, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise and update the agencys implementation of the Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before September 30, 2008 to be considered in the formulation of a final rule.

GSAR Case 2008G504; Rewrite of GSAR Part 512, Acquisition of Commercial Items, Proposed rule, 73 Fed. Reg. 44953, August 01, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise the language pertaining to requirements for the acquisition of commercial items.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before September 30, 2008 to be considered in the formulation of a final rule.

GSA-GSAR Case 2006G520; Rewrite of GSAR Part 525, Foreign Acquisition, Proposed rule, 73 Fed. Reg. 44208, July 29, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to update the text addressing foreign acquisition. This rule is a result of the General Services Administration Acquisition Manual (GSAM) Rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the FAR, and to implement streamlined and innovative acquisition procedures that contractors, offerors and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the General Services Administration Acquisition Regulation (GSAR) as well as internal agency acquisition policy. GSA will rewrite each part of the GSAR and GSAM, and as each part is rewritten, will publish it in the Federal Register. This part is a continuance in a series of revisions. It covers the rewrite of GSAR Part 525, Foreign Acquisition.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before September 29, 2008 to be considered in the formulation of a final rule.

Bureau of Customs and Border Protection, Uniform Rules of Origin for Imported Merchandise, Notice of proposed rulemaking, 73 Fed. Reg. 43385, July 25, 2008.
SUMMARY: This document proposes to amend the U.S. Customs and Border Protection (“CBP”) Regulations to establish uniform rules governing CBP determinations of the country of origin of imported merchandise. This proposal would extend application of the country of origin rules codified in 19 CFR part 102. Those rules have proven to be more objective and transparent and provide greater predictability in determining the country of origin of imported merchandise than the system of case-bycase adjudication they would replace. The proposed change also will aid an importer’s exercise of reasonable care. In addition, this document proposes to amend the country of origin rules applicable to pipe fittings and flanges, printed greeting cards, glass optical fiber, and rice preparations. Finally, this document proposes amendments to the textile regulations set forth in § 102.21 to make corrections so that the regulations reflect the language of section 334(b)(5) of the Uruguay Round Agreement Act.
Dates: Comments must be received on or before September 23, 2008.

SBA- Amendments to the Definition of the Nonprocurement Suspension and Debarment Officials, Direct final rule, 73 Fed. Reg. 43347, July 25, 2008.
SUMMARY: The U.S. Small Business Administration (SBA or Agency) is making two technical changes to the regulations pertaining to grants and agreements. SBA is amending the definitions for the debarring official and the suspending official for nonprocurement debarment and suspension actions for programs other than the financial assistance programs. Currently the debarring official and the suspending official for all programs other than financial assistance is the Director of the Office of Business Operations. This rule will change the debarring official and suspending official to the Associate General Counsel for Procurement Law. SBA is also amending its regulations to change the title of the Agencys Office of Lender Oversight to the Office of Credit Risk Management.
Dates: This rule is effective September 8, 2008, without further action, unless SBA receives a significant adverse comment by August 25, 2008. If SBA receives any significant adverse comments, the Agency will publish a timely withdrawal of this rule in the Federal Register.

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)/ TRICARE: Inclusion of TRICARE Retail Pharmacy Program in Federal Procurement of Pharmaceuticals, Proposed rule, 73 Fed. Reg. 43394, July 25, 2008.
SUMMARY: Section 703 of the National Defense Authorization Act for Fiscal Year 2008 (NDAA08) states with respect to any prescription filled on or after the date of enactment of the NDAA, the TRICARE retail pharmacy program (TRRx) shall be treated as an element of the DoD for purposes of procurement of drugs by Federal agencies under section 8126 of title 38, United States Code (U.S.C.), to the extent necessary to ensure pharmaceuticals paid for by the DoD that are provided by network retail pharmacies under the program to eligible covered beneficiaries are subject to the pricing standards in such section 8126. NDAA08 was enacted on January 28, 2008. The statute requires implementing regulations. This proposed rule is to implement section 703 of the NDAA 2008.
Dates: Written comments received at the address indicated below by September 23, 2008 will be considered and addressed in the final rule.

GSA-GSAR Case 2006G504; Rewrite of GSAR Part 516; Types of Contracts, Proposed rule, 73 Fed. Reg. 39275, July 09, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise language pertaining to requirements for types of contracts.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before September 8, 2008 to be considered in the formulation of a final rule.

GAO-Rules of Procedure of the Government Accountability Office Contract Appeals Board, Interim rule, 73 Fed. Reg. 36257, June 26, 2008.
SUMMARY: This document contains the rules of procedures of the Government Accountability Office (GAO) Contract Appeals Board (Board), which will govern all proceedings before the Board. The Board was established pursuant to sec. 1501 of title I of division H of the Consolidated Appropriations Act of 2008 to hear appeals from decisions of contracting officers with respect to any contract entered into by a legislative branch agency. The following rules of procedure are promulgated pursuant to sec. 1501(d) of that act and are applicable to all appeals filed with the Board on or after October 1, 2007. The Board invites comments on this interim rule and intends to publish a final rule after considering all comments received on or before the closing date for comments.
Dates: Comments must be submitted on or before August 25, 2008.
Correction-June 30, 2008. The interim rule published on June 26, 2008, at 73 FR 36257 is effective on June 26, 2008, and is applicable to all appeals filed on or after October 1, 2007. Comments must be submitted on or before August 25, 2008.

Office of Government Ethics-Post-Employment Conflict of Interest Restrictions, Final rule, 73 Fed. Reg. 36168, June 25, 2008.
SUMMARY: OGE regulations have provided guidance concerning the postemployment conflict of interest restrictions of 18 U.S.C. 207 for Government employees terminating service between July 1, 1979 and December 31, 1990. As a result of amendments to section 207 that became effective January 1, 1991, and subsequently, employees terminating service in the executive branch or in an independent agency (or terminating service from certain high-level Government positions) since that date are subject to substantially revised postemployment restrictions. The purpose of these new regulations is to provide regulatory guidance explaining the scope and content of the statutory restrictions as they apply to employees terminating service on or after January 1, 1991. This final rule would expand the regulatory guidance OGE has previously published concerning the current version of section 207 and make minor modifications to those earlier rulemakings. It would also remove the old obsolete regulations from the Code of Federal Regulations.
Dates: July 25, 2008.

GSAR Case 2006G512; Rewrite of GSAR Part 509, Contractor Qualifications, Proposed rule, 73 Fed. Reg. 36013, June 25, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to update language addressing contractor qualifications. This rule is a result of the General Services Administration Acquisition Manual (GSAM) Rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the FAR, and to implement streamlined and innovative acquisition procedures that contractors, offerors and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the General Services Administration Acquisition Regulation (GSAR) as well as internal agency acquisition policy.
     GSA will rewrite each part of the GSAR and GSAM, and as each GSAR part is rewritten, will publish it in the Federal Register.
This is one of a series of revisions. It
covers the rewrite of GSAR Part 509, Contractor Qualifications. DATES:
Dates: to be considered in the formulation of a final rule.

GSAR Case 2008 G513;Rewrite of Part 543, Contract Modifications, Proposed rule, 73 Fed. Reg. 35615, June 24, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise GSAM language pertaining to requirements for contract modifications.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before August 25, 2008 to be considered in the formulation of a final rule.

GSAR Case 2008G512; Rewrite of GSAR Part 542; Contract Administration and Audit Services, Proposed rule, 73 Fed. Reg. 35614, June 24, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise language pertaining to requirements for contract administration and audit services.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before August 25, 2008 to be considered in the formulation of a final rule.

GSA- Regulation; GSAR Case 2006 G502;Rewrite of GSAR Part 501; General Services Administration Acquisition Regulation System, Proposed rule, 73 Fed. Reg. 34240, June 17, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to update the text addressing the General Services Administration Acquisition Regulation System. This rule is a result of the General Services Administration Acquisition Manual (GSAM) Rewrite Initiative undertaken by GSA to revise the GSAM to maintain consistency with the Federal Acquisition Regulation (FAR), and to implement streamlined and innovative acquisition procedures that contractors, offerors and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the GSAR as well as internal agency acquisition policy.
GSA will rewrite each part of the GSAR and GSAM, and as each GSAR part is rewritten, will publish it in the Federal Register.
This rule covers the rewrite of GSAR Part 501, General Services Administration Acquisition Regulation System.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before August 18, 2008 to be considered in the formulation of a final rule.

DHS- Designation of the Electronic Employment Eligibility Verification System Under Executive Order 12989, as Amended by the Executive Order Entitled “Amending Executive Order 12989, as Amended” of June 6, 2008, Notice, 73 Fed. Reg. 33837, June 13, 2008.
SUMMARY: This notice announces that the Secretary of Homeland Security has designated the E-Verify system, operated by U.S. Citizenship and Immigration Services in partnership with the Social Security Administration, as the electronic employment eligibility verification system to be used by Federal contractors, pursuant to Executive Order 12989, as amended by the Executive Order entitled “Amended Executive Order 12989, as Amended” of June 6, 2008.
Dates: This designation is effective immediately.

GSAR Case 2006G501; GSA Mentor-Protégé Program, Proposed rule, 73 Fed. Reg. 32669, June 10, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to establish a GSA Mentor-Protégé Program. The GSA Mentor-Protégé Program is designed to encourage GSA prime contractors to assist small businesses, small disadvantaged businesses, womenowned small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, and HUBZone small businesses in enhancing their capabilities to perform GSA contracts and subcontracts, foster the establishment of long-term business relationships between these small business entities and GSA prime contractors, and increase the overall number of small business entities that receive GSA contract and subcontract awards.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before August 11, 2008 to be considered in the formulation of a final rule.

GAO-Bid Protest Regulations, Government Contracts, Final rule, 73 Fed. Reg. 32427, June 09, 2008.
SUMMARY: This document amends Government Accountability Office (GAO) Bid Protest Regulations, which have been promulgated in accordance with the Competition in Contracting Act of 1984. These amendments are being made to implement changes to the definition of an “interested party” for the GAO Bid Protest forum set forth in sec. 326 of the National Defense Authorization Act for Fiscal Year 2008, and to make certain administrative changes.
Dates: Effective Date: June 9, 2008.

GSAR Case 2007 G501;Protests, Disputes, and Appeals, Proposed rule, 73 Fed. Reg. 32514, June 09, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to update language pertaining to protests, disputes, and appeals. This project is part of the GSAM Rewrite Project, in which all parts of the regulation are being reviewed and updated to include new statutes, legislation, and policies.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before August 8, 2008 to be considered in the formulation of a final rule.

GSA-GSAR Case 2006-G518; Rewrite of GSAR Part 547, Transportation, Proposed rule, 73 Fed. Reg. 32277, June 06, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise GSAR language that provides requirements for transportation. This rule is a result of the General Services Administration Acquisition Manual (GSAM) Rewrite initiative undertaken by GSA to revise the GSAM to maintain consistency with the FAR, and to implement streamlined and innovative acquisition procedures that contractors, offerors and GSA contracting personnel can use when entering into and administering contractual relationships. The GSAM incorporates the General Services Administration Acquisition Regulation (GSAR) as well as internal agency acquisition policy. GSA will rewrite each part of the GSAR and GSAM, and as each GSAR part is rewritten, will publish it in the Federal Register.
   This is one of the series of revisions to 48 CFR Chapter 5. It covers the rewrite of GSAR Part 547, Transportation.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before August 5, 2008 to be considered in the formulation of a final rule.

GSA-GSAR Case 2008-G510; Rewrite of GSAR Part 537, Service Contracting, Proposed rule, 73 Fed. Reg. 32276, June 06, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to revise sections of the GSAR that pertains to requirements for service contracting.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before August 5, 2008 to be considered in the formulation of a final rule.

GSA-GSAR Case 2007-G500; Rewrite of GSAR Part 517, Special Contracting Method, Proposed rule, 73 Fed. Reg. 32274, June 06, 2008.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to revise sections that provide requirements for special contracting methods.
Dates: Interested parties should submit written comments to the Regulatory Secretariat on or before August 5, 2008 to be considered in the formulation of a final rule.

Office of the Chief Procurement Officer; Revision of Department of Homeland Security Acquisition Regulation; Technical Amendments, Final rule, 73 Fed. Reg. 30317, May 27, 2008.
SUMMARY: The Department of Homeland Security (DHS) is amending its Homeland Security Acquisition Regulation to make the Transportation Security Administration subject to that regulation and to the Federal Acquisition Regulation system for acquisitions initiated after June 22, 2008. This rule also removes provisions related to DHS special streamlined acquisition authority, changes the name of the Bureau of Immigration and Customs Enforcement to U.S. Immigration and Customs Enforcement, and the name of the Bureau of Customs and Border Protection to U.S. Customs and Border Protection in the Homeland Security Acquisition Regulation, and makes other technical amendments.
Dates: Effective date: This rule is effective May 27, 2008. Although this rule goes into effect on May 27, 2008, the Transportation Security Administration exemption from the Homeland Security Acquisition Regulation and the Federal Acquisition Regulation system remains in effect up to and including June 22, 2008

DOL-Veterans’ Employment and Training Service, Annual Report From Federal Contractors, Final rule, 73 Fed. Reg. 28710, May 19, 2008.
SUMMARY: The Veterans Employment and Training Service is publishing a new set of regulations, and adopting a new Federal Contractor Veterans Employment Report VETS100A (“VETS100A Report”) form, to implement the requirement under the Vietnam Era Veterans Readjustment Assistance Act of 1974 (“VEVRAA”) that Government contractors track and annually report the number of employees in their workforces who are veterans covered under the law. The final regulations published today implement amendments to the reporting requirements under VEVRAA that were made by the Jobs for Veterans Act (“JVA”) in 2002. The JVA amendments: Raised the dollar amount of the Government contracts that trigger a contractors obligation to report on veterans employment; and changed the categories of veterans that contractors are to track and report. The final regulations published today apply only to covered Government contracts entered into or modified on or after December 1, 2003. The existing regulations in 41 CFR part 61250, which require contractors to use the Federal Contractor Veterans Employment Report VETS100 (“VETS 100 Report”) form to provide the information on the covered veterans in their workforces, will continue to apply to Government contracts entered into before December 1, 2003.
Dates: Effective Date: These regulations are effective June 18, 2008.

GSA-Board of Contract Appeals; BCA Case 2006611; Rules of Procedure of the Civilian Board of Contract Appeals, Final rule, 73 Fed. Reg. 26947, May 12, 2008.
SUMMARY: This document contains final revisions to the interim rules of procedure of the Civilian Board of Contract Appeals (Board), which was published in the Federal Register at 72 FR 36794, July 5, 2007. These rules will govern all proceedings before the Board, and will be contained in 48 CFR parts 6101 through 6105. These rules of procedure supersede the current interim rules of the Board.
Dates: Effective Date: May 12, 2008.

OFPP-Cost Accounting Standards Board; Accounting for the Costs of Employee Stock Ownership Plans (ESOPs) Sponsored by Government Contractors, Final rule, 73 Fed. Reg. 23961, May 01. 2008.
SUMMARY: The Cost Accounting Standards Board (the Board), Office of Federal Procurement Policy, has adopted a final rule to amend Cost Accounting Standard (CAS) 412, “Cost Accounting Standard for composition and measurement of pension cost,” and CAS 415, “Accounting for the cost of deferred compensation.” These amendments address issues concerning the recognition of the costs of Employee Stock Ownership Plans (ESOPs) under Government cost-based contracts and subcontracts. These amendments provide criteria for measuring the costs of ESOPs and their assignment to cost contractors assigned ESOP costs to contracts and subcontracts is addressed in other Standards. The amendments also specify that accounting for the costs of ESOPs will be covered by the provisions of CAS 415, “Accounting for the cost of deferred compensation,” and not by any other Standard. This rulemaking is authorized pursuant to Section 26 of the Office of Federal Procurement Policy (OFPP) Act.
Dates: Effective Date: June 2, 2008.

GSA-Financial Systems Integration Office (FSIO); Federal Acquisition System Requirements, Notice with request for comments, 73 Fed. Reg. 22948, April 28, 2008.
SUMMARY: The Office of Governmentwide Policy invites comments on the proposed “Federal Acquisition System Requirements.” This document gives functional, process technical and data standards requirements for software developers of Government acquisition and contract writing systems, and is regarded as a draft document that will be revised to consider input from comments solicited from industry and other government agencies during this open comment period. This document will be a baseline (as-is) document with the understanding that it will be revised as processes and data standards are harmonized within the acquisition domain and later as it harmonized with other domainsprimarily the Financial Management Line of Business (FMLoB). This document does not supersede or obsolete documents, standards or requirements issued by the Joint Financial Management Improvement Program (JFMIP), Financial Systems Integration Office (FSIO) or the Financial Management Line of Business (FMLoB). Over time, efforts will be made to harmonize across these domains.
Dates: Interested parties should submit written comments to the FAR Secretariat on or before June 27, 2008.[The document is available here.]

OFCCP- Nondiscrimination and Affirmative Action Obligations of Contractors and Subcontractors Regarding Protected Veterans, Final rule, 73 Fed. Reg. 18712, April 07, 2008.
SUMMARY: This final rule revises the regulations in 41 CFR part 60250 implementing the nondiscrimination and affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended ("Section 4212" or "VEVRAA"). The regulations in part 60250 implement the nondiscrimination and affirmative action provisions of VEVRAA prior to their amendment in 2002 by the Jobs for Veterans Act ("JVA"), and apply to contracts entered into before December 1, 2003. Today’s final rule revises the mandatory job listing provision in the part 60250 regulations to provide that listing employment openings with the state workforce agency job bank or with the local employment service delivery system where the opening occurs will satisfy the mandatory job listing requirements under the part 60250 regulations. The effect of this final rule is to conform the mandatory job listing provision in the part 60250 regulations to the parallel provision in the regulations of the Office of Federal Contract Compliance Programs ("OFCCP") implementing the JVA amendments to VEVRAA in 41 CFR part 60300. Today’s final rule also clarifies that the regulations in part 60250 apply to any contract or subcontract of at least $25,000 entered into before December 1, 2003, and that the regulations in part 60300, not the part 60250 regulations, apply to such a contract or subcontract if it is modified on or after December 1, 2003 and the contract or subcontract as modified is for $100,000 or more.
Dates: Effective Date: These regulations are effective April 7, 2008.

OFPP-Cost Accounting Standards Board; Contract Clauses, Final rule, 73 Fed. Reg. 15939, March 26, 2008.
SUMMARY: The Cost Accounting Standards (CAS) Board has adopted, without change, a final rule to add a clause for inclusion in CAS-covered contracts and subcontracts awarded to foreign concerns. The Board is taking this action to provide a standard clause for use by Government and contractor personnel in applying the CAS requirements to contracts and subcontracts awarded to foreign concerns.
Dates: Effective Date: April 25, 2008.

GAO-Administrative Practice and Procedure, Bid Protest Regulations, Government Contracts, Proposed rule, 73 Fed. Reg. 15908, March 21, 2008.
SUMMARY: The Government Accountability Office (GAO) is proposing to amend its Bid Protest Regulations, promulgated in accordance with the Competition in Contracting Act of 1984 (CICA), to implement the requirements in sec. 326 of the National Defense Authorization Act for Fiscal Year 2008, enacted on January 28, 2008, and to make certain administrative changes. Regarding sec. 326 of the National Defense Authorization Act for Fiscal Year 2008, the proposed amendments to GAO’s Bid Protest Regulations implement the legislation’s provisions related to the bid protest process concerning Office of Management and Budget (OMB) Circular A76, as revised on May 29, 2003. In this regard, the legislation expands the protest rights of Federal employees in an A76 competition to grant “any one individual” who represents the majority of affected employees the status of an “interested party” to file a protest at GAO or the status of an intervenor to participate in a protest filed at GAO, to remove the current restriction limiting protests of A76 competitions to those competitions affecting 65 or more fulltime equivalent employees of a Federal agency, and to allow a protest of a decision to convert a function performed by Federal employees to private sector performance without a competition. At this time, GAO believes that these proposed revisions are the only regulatory changes necessary to implement the statutory requirements expanding the protest rights of Federal employees in an A76 competition. Regarding administrative changes, the proposed amendments to GAO’s Bid Protest Regulations are to reflect current practice and to streamline the bid protest process. GAO welcomes comments on these proposed revisions.
Dates: Comments must be submitted on or before April 21, 2008.

Small Business Size Standards; Adoption of Size Standards by 2007 North American Industry Classification System for Size Standards, Direct final rule, 73 Fed. Reg. 12869, March 11, 2008.
SUMMARY: The U.S. Small Business Administration (SBA) is correcting the direct final rule it published in the Federal Register on August 29, 2007, that amended its Small Business Size Regulations by incorporating the Office of Management and Budgets (OMB) 2007 modifications of the North American Industry Classification System (NAICS) into its table of small business size standards. The direct final rule published on August 29, 2007 established an incorrect small business size standard for NAICS 517919, All Other Telecommunications. The correct small business size standard is $23.0 million in average annual receipts. Also, the descriptive titles for 19 NAICS codes are also being amended by this action. SBA is changing the industry descriptions in its table of size standards so they will match the descriptions published by OMB in NAICS 2007.
Dates: Effective Date: March 11, 2008.

Department of Energy, Defense Priorities and Allocations System, Notice of proposed rulemaking, 73 Fed. Reg. 11066, February 29, 2008.
SUMMARY: This notice of proposed rulemaking (NOPR) amends Department of Energy (DOE) regulations at 10 CFR part 216 which implement DOEs delegated authority under section 101(c) of the Defense Production Actof 1950 (DPA). Section 101(c) of the DPA provides authority to the President of the United States (President) to require the allocation of, or priority performance under contracts or orders relating to, materials and equipment, services, or facilities, in order to maximize domestic energy supplies, if the President makes certain findings. The Presidents authority under section 101(c) was delegated to the Secretary of Commerce and the Secretary of Energy. The rulemaking would make a number of changes to part 216 to reflect a 1991 amendment of the DPA which broadens the scope of authority in section 101(c). Because DOE does not expect to receive any significant adverse comments, this regulatory action is also being issued as a direct final rule in todays issue of the Federal Register.
Dates: Public comments on the amendment proposed herein will be accepted until March 31, 2008.

Department of Energy, Defense Priorities and Allocations System, Direct final rule, 73 Fed. Reg. 10980, February 29, 2008.
SUMMARY: The Department of Energy (DOE) today is issuing a direct final rule to update the DOE regulations which implement DOEs delegated authority under section 101(c) of the Defense Production Act of 1950 (DPA). Section 101(c) provides authority to the President of the United States (President) to require the allocation of, or priority performance under contracts or orders relating to, materials and equipment, services, or facilities, in order to maximize domestic energy supplies, if the President makes certain findings. The Presidents authority under section 101(c) was delegated to the Secretary of Commerce and the Secretary of Energy. This final rule makes a number of changes to conform to a 1991 amendment to the DPA which broadens the scope of authority in section 101(c). This final rule also makes conforming changes to Department of Energy Acquisition Regulation (DEAR).
Dates: This direct final rule is effective April 29, 2008, unless adverse or critical comments are received by March 31, 2008. If the effective date is delayed, timely notice will be published in the Federal Register.

SBA-Women-Owned Small Business Federal Contract Assistance Procedures, Proposed rule, reopening comment period, 73 Fed. Reg. 10697, February 28, 2008.
SUMMARY: SBA is reopening the comment period for an additional 30 days and making two technical corrections.
Dates: Comments on the proposed rule on Women-Owned Small Business Federal Contract Assistance Procedures (72 FR 73285), must be received on or before March 31, 2008.

Federal Transit Administration-Contractor Performance Incentives for the Capital Investment Program, Notice of Proposed rulkemaking, 73 Fed. Reg. 9075, February 19, 2008.
SUMMARY: This notice of proposed rulemaking provides interested parties with the opportunity to comment on the Federal Transit Administration’s (FTA) proposal to establish a new part 612 of Title 49 of the Code of Federal Regulations to establish procedures for 49 U.S.C. 5309 capital investment (New Starts) project sponsors to apply for incentive awards if their projects meet eligibility criteria for both cost and ridership estimates. This proposed rule would carry out certain provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users (SAFETEALU) (Pub. L. 10959, August 10, 2005). Interested parties are invited to send comments on all facets of this proposal.
DATES: Comments must be submitted by April 21, 2008. Late-filed comments will be considered to the extent practicable.

DOE-Acquisition Regulation: Security Clause, Notice of proposed rulemaking, 73 Fed. Reg. 98071, February 19, 2008.
SUMMARY: The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) to revise the security clause used in all contracts and subcontracts involving access authorizations to specifically require background checks and tests for the absence of any illegal drug, as defined in DOE regulations of uncleared personnel (employment applicants and current employees) who will require access authorizations. Background checks would not be required for applicants for DOE access authorization who possess a current access authorization from another Federal agency.
DATES: Written comments on the proposed rulemaking must be received on or before close of business March 20, 2008.

OFPP-Cost Accounting Standards Board; Allocation of Home Office Expenses to Segments, Staff Discussion Paper (SDP)., 73 Fed. Reg. 8260, February 13, 2008.
SUMMARY: The Cost Accounting Standards Board (the Board), Office of Federal Procurement Policy, invites public comments on a staff discussion paper (SDP) addressing potential revisions to Cost Accounting Standard (CAS) 403, Allocation of Home Office Expenses to Segments. This SDP addresses whether the current thresholds that require use of the three factor formula for allocating residual home office expenses require revision.
Dates: Comments must be in writing and must be received by April 14, 2008

OFPP-Cost Accounting Standards Board (CAS) Exemption for Contracts Executed and Performed Outside the United States, Its Territories, and Possessions, Notice of Discontinuation of Case., 73 Fed. Reg. 8259, February 13, 2008.
SUMMARY: The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, is providing public notification of the decision to discontinue its review of the exemption for contracts that are executed and performed outside the United States, its territories, and possessions.

VA Acquisition Regulation: Plain Language Rewrite, Final rule, 73 Fed. Reg. 2712, January 15, 2008.
SUMMARY: This document amends the Department of Veterans Affairs (VA) Acquisition Regulation (VAAR). This document revises the VAAR to conform to plain language principles, updates delegations of authority, and removes non-regulatory material. The document also makes changes in format, arrangement, and numbering to make the VAAR parallel to the Federal Acquisition Regulation (FAR) as required by the FAR. In addition, provisions that simply restate FAR provisions that are already applicable have been removed, and procedures for providing notice and a hearing to resolve issues regarding possible violations of the Gratuities clause, for establishing qualified products lists, for suspending or debarring a contractor, for expediting payments to small businesses, and for reducing or suspending payments upon a finding of contract fraud have been added. The VAAR clause on Organizational Conflicts of Interest has been expanded to cover a broader range of services that may be subject to organizational conflicts of interest. Additional VAAR clauses have been added to the list of clauses for use in commercial item solicitations and contracts. Items that have been deleted include requirements for setting aside construction and architect-engineer solicitations for small businesses that are in conflict with current statute, a requirement to conduct an audit of section 8(a) price proposals that is contrary to current FAR requirements, and a VAAR provision that requested data from offerors on veteran-owned small businesses that has been replaced by a FAR provision. Guidance to contracting officers on the types of data that should be requested from a contractor when evaluating the contractors financial condition has been added. Other additions include a requirement to use the clause on Assignment of Claims in purchase orders and guidance to contracting officers on the criteria for revising the payment due dates for invoices. This final rule also makes nonsubstantive clarifying changes and corrections to the proposed rule. The Veterans Benefits, Health Care, and Information Technology Act of 2006 (Pub. L. 109461) was issued subsequent to the proposed rule. It will be addressed in a future rulemaking.
DATES: Effective Date: February 14, 2008.

EPA-Acquisition Regulation: Guidance on Use of Award Term Incentives; Administrative Amendments, Final rule, 73 Fed. Reg. 1978, January 11, 2008.
SUMMARY: The Environmental Protection Agency (EPA) amends the EPA Acquisition Regulation (EPAAR) to add policy, procedures, and contract clauses for the use of award term incentives. This rule makes two administrative changes to the EPAAR. One change is to reflect the Civilian Board of Contract Appeals as EPAs new forum for appeals under the Contract Disputes Act of 1978. The other change corrects a numbering error in Subpart 1516.4.
Dates: This final rule is effective on February 11, 2008.

FDIC-Minority and Women Outreach Program Contracting, Notice of proposed rulemaking, 73 Fed. Reg. 4520, January 03, 2007.
SUMMARY: This proposal would amend existing FDIC regulations regarding the FDICs contracting activities under its Minority and Women Outreach Program (MWOP). These are relatively minor amendments designed to eliminate several provisions rendered obsolete by significant reductions in FDIC contracting activities and decreases in FDIC staff to monitor the contracting activities of Minority and Women- Owned Businesses (MWOBs).
Dates: Comments must be received on or before March 3, 2008.

SBA-Women-Owned Small Business Federal Contract Assistance Procedures, Proposed rule, 72 Fed. Reg. 73285, December 27, 2007.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend its regulations governing small business contracting procedures. This proposed rule would add a new part that would implement procedures to increase procurement opportunities for Women-Owned Small Business Concerns, as authorized under the Small Business Act. It would also make the relevant conforming amendments to SBA’s current procurement regulations.
DATES: Comments must be received on or before February 25, 2008.

Delegations of Lease Acquisition AuthorityNotification, Usage, and Reporting Requirements for General Purpose, Categorical, and Special Purpose Space Delegations, Notice of Bulletin, 72 Fed. Reg. 65026, November 19, 2007.
SUMMARY: The Government Accountability Office and the General Services Administration Office of Inspector General have reported that some Federal agencies using the delegated leasing authority issued to Federal agencies on September 25, 1996, are not following properly the instructions specified as a condition for use of the leasing delegation. The attached bulletin re-emphasizes and updates the conditions, restrictions and reporting requirements specified in the delegation of authority and its supporting information. This bulletin is in keeping with the spirit of Executive Order 13327, “Federal Real Property Asset Management,” to maximize the increased governmentwide emphasis on real property inventory management. The Federal Management Regulation and any associated documents may be accessed at GSAs Web site at http:// www.gsa.gov/fmr. Click on FMR Bulletins.

Department of State Acquisition Regulation, Proposed rule, 72 Fed. Reg. 64980, November 19, 2007.
SUMMARY: This proposed rule will add a contract clause to implement the requirements of Homeland Security Presidential Directive 12 (HSPD12), Policy for a Common Identification Standard for Federal Employees and Contractors; Federal Information Processing Standards Publication (FIPS PUB) Number 201, Personal Identity Verification (PIV) of Federal Employees and Contractors; and associated OMB guidance M0524 (August 5, 2005).
Dates: The Department will accept comments from the public up to January 18, 2008.

Defense Acquisition Regulations System, Waiver of 10 U.S.C. 2534 for Certain Defense Items Produced in the United Kingdom, 72 Fed. Reg. 61327, October 30, 2007.
SUMMARY: The Under Secretary of Defense (Acquisition, Technology, and Logistics) is waiving the limitation of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom (UK). 10 U.S.C. 2534 limits DoD procurement of certain items to sources in the national technology and industrial base. The waiver will permit procurement of enumerated items from sources in the UK, unless otherwise restricted by statute.
EFFECTIVE DATE: This waiver is effective for one year, beginning November 14, 2007.

HUD Acquisition Regulation (HUDAR) Debarment and Suspension Procedures, Final rule, 72 Fed. Reg. 61270, October 29, 2007.
SUMMARY: This rule amends HUD’s Acquisition Regulation (HUDAR) to codify the suspension and debarment procedures applicable to HUD’s procurement contracts. Such an amendment affirms that the suspension and debarment procedures in 24 CFR part 24 apply to both procurement and nonprocurement contracts. The contracting community is familiar with the suspension and debarment procedures in part 24, and this rule is limited to amending the HUDAR regulations to reflect the applicability of these requirements to procurement contracts. This final rule follows a July 17, 2007, proposed rule. HUD received no public comments on the proposed rule. This final rule adopts the proposed rule without change.
Dates: Effective Date: November 28, 2007.

Forest Service-Sale and Disposal of National Forest System Timber; Modification of Timber Sale Contracts in Extraordinary Conditions; Noncompetitive Sale of Timber, Final rule, 72 Fed. Reg. 59187, October 19,2007.
SUMMARY: This final rule revises regulations at Title 36, Code of Federal Regulations, part 223, on noncompetitive disposal of timber and other forest products based on the Secretary of Agricultures determination that extraordinary conditions exist. A notice with request for comment on an interim final rule was published in the Federal Register on June 16, 2006. The Forest Service made appropriate changes to the rule in response to the public comments.
Dates: This rule is effective November 19, 2007.

Bureau of Industry and Security-Mandatory Electronic Filing of Export and Reexport License Applications, Classification Requests, Encryption Review Requests, and License Exception AGR Notifications. Proposed rule, 72 Fed. Reg. , October 19, 2007.
SUMMARY: This proposed rule would require that export and reexport license applications, classification requests, encryption review requests, License Exception AGR notifications and related documents be submitted to the Bureau of Industry and Security (BIS) via its Simplified Network Application Process (SNAPR) system. This requirement would not apply to applications for Special Comprehensive Licenses or in certain situations in which BIS would authorize paper submissions.
Dates: Comments must be received by December 18, 2007.

EPA-Acquisition Regulation: Guidance on Use of Award Term Incentives; Administrative Amendments, Proposed rule, 72 Fed. Reg. 56708, October 04, 2007.
SUMMARY: The Environmental Protection Agency (EPA) is proposing to amend the EPA Acquisition Regulation (EPAAR) to add policy, procedures, and contract clauses for the use of award term incentives. This rule makes two administrative changes to the EPAAR. One change is to reflect the General Services Board of Contract Appeals as EPA’s new forum for appeals under the Contract Disputes Act of 1978. The other change corrects a numbering error in Subpart 1516.4.
Dates: Comments must be received on or before December 3, 2007.

USAID Acquisition Regulations, Final rule, 72 Fed. Reg. 53161, September 18, 2007.
SUMMARY: This final rule amends the USAID acquisition regulation to add two new parts and four new sections in existing parts of the regulation, as more fully discussed in the Supplementary Information. USAID proposed these amendments in the proposed rule published on November 4, 1998, as AIDAR Notice 982.
Dates: Effective Date: October 18, 2007.

Department of State, Acquisition Regulation, Final rule, 72 Fed. Reg. 51568, September 10, 2007.
SUMMARY: This final rule adds a solicitation provision and contract clause to the Department of State Acquisition Regulation (DOSAR) to implement Department of State requirements regarding security issues for information technology systems, as required by the Federal Information Security Management Act of 2002 (FISMA).
Dates: Effective Date: This rule is effective September 10, 2007.

SBA-Small Business Size Standards; Adoption of 2007 North American Industry Classification System for Size Standards, Proposed rule, 72 Fed. Reg. 49669, August 29, 2007.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend its Small Business Size Regulations by incorporating the Office of Management and Budgets (OMB) 2007 modifications to the North American Industry Classification System (NAICS) in its table of small business size standards. These modifications are few in number and result in revisions to size standards for three industries and four activities within other industries.
     SBA believes that this proposal is routine and non-controversial, and the Agency anticipates no significant adverse comment. Therefore, SBA is publishing concurrently in this issue of the Federal Register a direct final rule to expedite modifying its Small Business Size Regulations as described in this proposed rule. If SBA receives any significant adverse comment to the direct final rule, it will withdraw it, and consider those comments in connection with this proposed rule.
Dates: SBA must receive comments to this proposed rule on or before September 28, 2007.

SBA-Adoption of 2007 North American Industry Classification System for Size Standards, Direct final rule, 72 Fed. Reg. 49639, August 29, 2007.
SUMMARY: The U.S. Small Business Administration (SBA) is amending its Small Business Size Regulations by incorporating the Office of Management and Budgets (OMB) 2007 modifications of the North American Industry Classification System (NAICS) in its table of small business size standards. These modifications are few in number and result in revisions to size standards for three industries and four activities within other industries.
     SBA believes that this rule is routine and non-controversial, and the Agency anticipates no significant adverse comment. If SBA receives a significant adverse comment, it will withdraw the rule. SBA is publishing concurrently in this issue of the Federal Register a proposed rule to achieve the same result, that is, to modify its Small Business Size Regulations as contemplated in this direct final rule.
Dates: This rule is effective October 1, 2007, without further action, unless SBA receives a significant adverse comment by September 28, 2007. If SBA receives any significant adverse comments, the Agency will publish a timely withdrawal of this rule in the Federal Register.

Department of State Acquisition Regulation; Technical Amendments, Final rule, 72 Fed. Reg. 45694, August 15, 2007.
SUMMARY: This final rule makes editorial corrections and minor changes to the Department of State Acquisition Regulation (DOSAR). No proposed rule was issued as these corrections and changes do not affect the general public; therefore, prior public comment is not required per Federal Acquisition Regulation (FAR) 1.301(b).
Dates: Effective Date: This rule is effective August 15, 2007.

Federal Highway Administration, Design-Build Contracting, Final rule, 72 Fed. Reg. 45329, August 14, 2007.
SUMMARY: The FHWA is amending its regulations for design-build contracting as mandated by section 1503 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEALU). This rule will allow State transportation departments or local transportation agencies to issue request-for-proposal documents, award contracts, and issue notices-to-proceed for preliminary design work prior to the conclusion of the National Environmental Policy Act (NEPA) process.
EFFECTIVE DATE: September 13, 2007.

Office of Federal Contract Compliance Programs, Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Disabled Veterans, Recently Separated Veterans, Other Protected Veterans, and Armed Forces Service Medal Veterans, Final rule, 72 Fed. Reg. 44393,n August 08, 2007,
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is publishing a new set of regulations to implement the amendments to the affirmative action provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (“VEVRAA”) that were made by the Jobs for Veterans Act (“JVA”) enacted in 2002. The JVA amendments raised the threshold dollar amount of the Government contracts that are subject to the affirmative action provisions of VEVRAA, changed the categories of veterans protected by the law, and changed the manner in which the mandatory job listing requirement is to be implemented. The final regulations published today apply only to covered Government contracts entered into or modified on or after December 1, 2003. The existing VEVRAA implementing regulations found in 41 CFR part 60250 will continue to apply to Government contracts entered into before December 1, 2003.
Dates: Effective Date: These regulations are effective September 7, 2007.

SBA-Small Business Size Standards; Calculation of the Number of Employees, Proposed rule, 72 Fed. Reg. 41239, July 27, 2007.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to change the way it calculates a concern’s number of employees in determining its small business size status. SBA proposes to alter the period used for calculating average number of employees from the current method, which uses a rolling average over the preceding 12 months, to an average over the last 3 completed calendar years. This proposal simplifies the calculation of the average number of employees, reduces the burden on small businesses, and better defines the size of a small business where number of employees is the measure for the size standard.
DATES: Comments must be received by SBA on or before September 25, 2007.

SBA-Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, Direct final rule, 72 Fed. Reg. 39727, July 20, 2007.
SUMMARY: The U.S. Small Business Administration (SBA) is moving its regulations on nonprocurement debarment and suspension from their current location in title 13 of the Code of Federal Regulations (CFR) to title 2 of the CFR, and is adopting the format established by the Office of Management and Budget (OMB). This rule establishes a new 2 CFR part 2700 that adopts OMBs final government-wide guidance on nonprocurement debarment and suspension and contains supplemental SBA nonprocurement debarment and suspension provisions. In addition, this rule removes the existing SBA nonprocurement debarment and suspension regulations and makes a conforming change and minor procedural clarifications. These changes constitute an administrative simplification that makes no substantive change in SBA policy or procedures for nonprocurement debarment and suspension. SBA is also amending a provision in its Rules of Procedure Governing Cases Before the Office of Hearings and Appeals (13 CFR 134.102(p)) to update the reference to SBAs nonprocurement debarment and suspension regulations.
Dates: Effective Date: This rule is effective September 18, 2007 without further action.

HUD Acquisition Regulation (HUDAR) Debarment and Suspension Procedures, Proposed rule, 72 Fed. Reg. 39286, July 17, 2007
SUMMARY: This rule proposes to amend HUDs Acquisition Regulation (HUDAR) to codify the suspension and debarment procedures applicable to HUDs procurement contracts. Such an amendment would affirm that the suspension and debarment procedures in 24 CFR part 24 apply to procurement as well as nonprocurement contracts. The contracting community is familiar with the suspension and debarment procedures in part 24 and this rule is limited to amending the HUDAR regulations to reflect the applicability of these requirements to procurement contracts.
Dates: Comment Due Date: September 17, 2007.

Department of Homeland Security Acquisition Regulation; One-Step Turnkey Design-Build Contracts for United States Coast Guard (HSAR Case 2007002), Proposed rule, 72 Fed. Reg. 38548, July 13, 2007.
SUMMARY: The Department of Homeland Security (DHS) is proposing to amend the Department of Homeland Security Acquisition Regulation (HSAR) to incorporate the delegation of turnkey design-build authority from the Secretary of Homeland Security to the United States Coast Guard. The rule is necessary to implement changes resulting from section 205 of Public Law 109241.
Dates: Submit comments by August 13, 2007.

Board of Contract Appeals; BCA Case 2006-61-1; Rules of Procedure of the Civilian Board of Contract Appeals, Civilian Board of Contract Appeals, Interim rule, 72 Fed. Reg. 36794, July 05, 2007.
SUMMARY: This document contains the rules of procedure of the Civilian Board of Contract Appeals (Board), which will govern all proceedings before the Board. The Board was established within GSA by section 847 of the National Defense Authorization Act for Fiscal Year 2006 to hear and decide contract disputes between Government contractors and Executive agencies (other than the Department of Defense, the Department of the Army, the Department of the Navy, the Department of the Air Force, the National Aeronautics and Space Administration, the United States Postal Service, the Postal Rate Commission, and the Tennessee Valley Authority) under the provisions of the Contract Disputes Act of 1978 and regulations and rules issued thereunder. Effective January 6, 2007, boards of contract appeals that existed at the General Services Administration and the Departments of Agriculture, Energy, Housing and Urban Development, Interior, Labor, Transportation, and Veterans Affairs were terminated, and their cases were transferred to the new Civilian Board of Contract Appeals. The Board has jurisdiction as provided by section 8(d) of the Contract Disputes Act of 1978, 41 U.S.C. 607(d). In addition, the Board will conduct proceedings as required or permitted under other statutes or regulations. The Board intends to issue final, revised rules after considering all comments on the interim rule.
DATES: Effective Date: This interim rule is effective July 5, 2007.
Comment Date: Interested parties should submit written comments to the Board of Contract Appeals on or before September 28, 2007, to be considered in the formulation of a final rule

OFPP-Cost Accounting Standards Board; Time and Material and Labor Hour (T&M/LH) Contracts for Commercial Items , Final rule.72 Fed. Reg. 36367, July 03, 2007.
SUMMARY: The Office of Federal Procurement Policy, Cost Accounting Standards (CAS) Board, has adopted, without change, a final rule to provide an exemption for T&M/LH contracts for commercial items. This rulemaking is authorized pursuant to Section 26 of the Office of Federal Procurement Policy Act.
Dates: Effective Date: July 3, 2007.

Postal Service-Rules of Practice Before the Board of Contract Appeals, Final rule, 72 Fed. Reg. 35662, June 29, 2007.
SUMMARY: The Postal Service is amending its rules regarding small claims (expedited) and accelerated proceedings before the Board of Contract Appeals.
EFFECTIVE DATE: June 29, 2007.

NASA-Award Fee Administrative Changes, Final rule, 72 Fed. Reg. 35666. June 29, 2007.
SUMMARY: This final rule makes administrative changes to the NASA FAR Supplement (NFS) to clarify the requirements for award fee evaluation factors and to add a requirement for a documented cost/benefit analysis when an award fee contract is used.
EFFECTIVE DATE: This rule is effective June 29, 2007.

SEC-Amendments to Rules Regarding Management’s Report on Internal Control Over Financial Reporting; Final Rule, 72 Fed. Reg. 35310, June 27, 2007.
SUMMARY: We are adopting an amendment to our rules to clarify that an evaluation which complies with the Commission’s interpretive guidance published in this issue of the Federal Register in Release No. 3455929 is one way to satisfy the requirement for management to evaluate the effectiveness of the issuer’s internal control over financial reporting. We are also amending our rules to define the term material weakness and to revise the requirements regarding the auditor’s attestation report on the effectiveness of internal control over financial reporting. The amendments are intended to facilitate more effective and efficient evaluations of internal control over financial reporting by management and auditors.
DATES: Effective Date: August 27, 2007, except the amendment to § 210.202T is effective from August 27, 2007 until June 30, 2009.

SEC-Commission Guidance Regarding Management’s Report on Internal Control Over Financial Reporting Under Section 13(a) or 15(d) of the Securities Exchange Act of 1934; Final Rule, Interpretation, 72 Fed. Reg. 35324, June 27, 2007.
SUMMARY: The SEC is publishing this interpretive release to provide guidance for management regarding its evaluation and assessment of internal control over financial reporting. The guidance sets forth an approach by which management can conduct a top-down, risk-based evaluation of internal control over financial reporting. An evaluation that complies with this interpretive guidance is one way to satisfy the evaluation requirements of Rules 13a-15(c) and 15d-15(c) under the Securities Exchange Act of 1934.
DATES: Effective Date: June 27, 2007.

Department of State Acquisition Regulation, Proposed rule 72 Fed. Reg. 35023, June 26, 2007.
SUMMARY: This proposed rule will add a new solicitation provision and contract clause to implement Department of State requirements regarding security issues for information technology systems, as required by the Federal Information Security Management Act of 2002 (FISMA).
DATES: The Department will accept comments from the public up to 60 days from June 26, 2007.

OFPP-Cost Accounting Standards Board (CAS) Changes to Acquisition Thresholds, Final rule, 72 Fed. Reg. 32809, June 14, 2007.
SUMMARY: The Office of Federal Procurement Policy, Cost Accounting Standards (CAS) Board, is revising the threshold for the application of CAS to negotiated Government contracts. This rulemaking is authorized pursuant to Section 26 of the Office of Federal Procurement Policy Act. The Board is taking final action on this topic in order to adjust the CAS applicability threshold in accordance with Section 822 of the 2006 National Defense Authorization Act (Pub. L. 109163). Section 822 amended 41 U.S.C. 422(f)(2)(A) to require that the threshold for CAS applicability be the same as the threshold for compliance with the Truth in Negotiations Act (TINA).
DATES: This final rule is effective June 14, 2007.

OFPP-Cost Accounting Standards Board; Contract Clauses, Proposed rule, 72 Fed. Reg. 32829, June 14, 2007.
SUMMARY: The Cost Accounting Standards (CAS) Board is proposing to add a clause for inclusion in CAScovered contracts and subcontracts awarded to foreign concerns. The Board is taking this action to provide a standard clause for use by Government and contractor personnel in applying the CAS requirements to contracts and subcontracts awarded to foreign concerns.
DATES: Interested parties should submit comments in writing on or before August 13, 2007

USAID-Mentor-Protégé Program, Final Rule, 72 Fed. Reg. 32540, June 13, 2007
SUMMARY: The United States Agency for International Development (USAID) is issuing this final rule to amend its acquisition regulations to formally encourage USAID prime contractors to assist small business, including veteranowned small business, service-disabled veteran-owned small business, HUBZone, small socially and economically disadvantaged business, and women-owned small business, in enhancing their capabilities to perform contracts and subcontracts for USAID and other Federal agencies. The program seeks to increase the base of small business eligible to perform USAID contracts and subcontracts. The program also seeks to foster long-term business relationships between USAID prime contractors and small business entities and to increase the overall number of small business entities that receive USAID contracts, and subcontract awards.
Dates: Effective Date: This rule will take effect July 13, 2007.

OFPP-Cost Accounting Standards Board (CAS); Applicability of Cost Accounting Standards Coverage, Final rule, 72 Fed. Reg. 32546, June 13, 2007.
SUMMARY: The Office of Federal Procurement Policy, Cost Accounting Standards (CAS) Board, has adopted, without change from the interim rule, a final rule revising the criteria applicable to United Kingdom (UK) contractors for filing a Disclosure Statement, Form No. CASB DS-1. This rulemaking is authorized pursuant to Section 26 of the Office of Federal Procurement Policy Act.
EFFECTIVE DATE: June 13, 2007

DOE-Acquisition Regulation: Technical Revisions or Amendments to Update Clauses, Final rule, 72 Fed. Reg. 29431, May 29, 2007.
SUMMARY:DOE- The Department of Energy (DOE) is amending the Department of Energy Acquisition Regulation (DEAR) to remove clauses concerning simplified acquisition procedures and facilities management contracting and to add a clause addressing work authorization. This rule also revises associated regulatory coverage, as necessary.
Dates: Effective Date: June 28, 2007.

NASA-Security Requirements for Unclassified Information Technology (IT) Resources, Final rule, 72 Fed. Reg. 26560, May 10, 2007.
SUMMARY: NASA is amending the clause at NASA FAR Supplement (NFS) 1852.204-76, Security Requirements for Unclassified Information Technology Resources, to reflect the updated requirements of NASA Procedural Requirements (NPR) 2810, “Security of Information Technology”. The NPR was recently revised to address increasing cyber threats and to ensure consistency with the Federal Information Security Management Act (FISMA), which requires agencies to protect information and information systems in a manner that is commensurate with the sensitivity of the information processed, transmitted, or stored.
EFFECTIVE DATE: This final rule is effective May 10, 2007

FEMA-Acquisition Regulation System; Removal of Chapter 44, Final rule, 72 Fed. Reg. 20757, April 26, 2007.
SUMMARY: The Federal Emergency Management Agency (FEMA) published a direct final rule that notified the public of its intent to remove the FEMA Acquisition Regulation in its entirety. FEMA did not receive any comments on the rule. Therefore, the rule will go into effect as scheduled.
Dates: The effective date of the direct final rule published March 2, 2007 (72 FR 9445) is confirmed as May 1, 2007

NASA Implementation of OMB Guidance on Nonprocurement Debarment and Suspension, Final rule, 72 Fed. Reg. 19783, April 20, 2007.
SUMMARY: The National Aeronautics and Space Administration (NASA) is issuing a new Part 1880 on nonprocurement debarment and suspension in Title 2 of the Code of Federal Regulations (CFR). This new part is NASA’s implementation of the Office of Management and Budget’s (OMB) guidance provided at 2 CFR Part 180. In light of the new Part 1880, NASA is removing 14 CFR Part 1265 which contains the current NASA implementation of the government-wide common rule on nonprocurement debarment and suspension. The new part in 2 CFR serves the same purpose as the common rule in a simpler way. This final rule is part of OMB’s initiative to streamline and consolidate all federal regulations on nonprocurement debarment and suspension. It is an administrative simplification that makes no substantive change in NASA policy or procedures for nonprocurement debarment and suspension.
EFFECTIVE DATE: This final rule is effective April 20, 2007.

USAID Acquisition Regulations (AIDAR), Final rule, 72 Fed. Reg. 19668, April 19, 2007.
SUMMARY: The U.S. Agency for International Development (USAID) is amending its Agency for International Development Acquisition Regulation (AIDAR) to: Remove all references to Office of Personnel Management’s (OPM) obsolete Executive Service (ES 6) as the contract employee salary threshold and replace with revised terminology; revise the Medical Evacuation (MEDEVAC) Services clause and provisions by deleting the requirement for contractors to purchase MEDEVAC services insurance through a USAID centrally awarded contract; remove clause 752.7016 FAMILY PLANNING AND POPULATION ASSISTANCE ACTIVITIES (AUG 1986); and update the title of Office of Procurement (OP) to Office of Acquisition and Assistance (OAA) throughout.
DATES: This rule is effective July 18, 2007 without further action, unless adverse comment is received by May 21, 2007. If adverse comment is received, USAID will publish a timely withdrawal of the rule in the Federal Register. Submit comments on or before May 21, 2007.

DOD-Notice Pursuant to Executive Order 12600 of Receipt of Freedom of Information Act (FOIA) Requests for Access to the Central Contractor Registration (CCR) Database, Notice, 72 Fed. Reg. 18637, April 13, 2007.
SUMMARY: This notice provides submitter’s notice pursuant to Executive Order 12600 that the Department of Defense, Office of the Secretary of Defense, Business Transformation Agency (BTA) has received several FOIA requests for access to the Central Contractor Registration (CCR) database. The CCR is an e-Gov initiative within the Integrated Acquisition Environment (IAE) and serves as the core system for the IAEs Business Partner Network (BRN). The Department of Defense manages the CCR on behalf of the IAE. The primary objective of the CCR is to provide a web-based application that provides a single source of vendor information in support of the contract award and the electronic payment process of the Federal Government. The CCR is also a registration system for grants and assistance awards. The CCR has 194 data fields, some of which are exempt from disclosure pursuant to Exemptions 2, and/or 4 and/or 6 of Freedom of Information Act (FOIA), 5 U.S.C. 552(b)(2), (b)(4) & (b)(6). The following table contains a description of these data fields and their exempt status.
Dates: Comments must be received on or before June 12, 2007. Do not submit comments directly to the point of contact or mail your comments to any address other than what is shown below. Doing so will delay the posting of the submission.

EPA EPAAR Prescription and Solicitation Provision-EPA Green Meetings and Conferences, Final rule, 72 Fed. Reg. 18401, April 12, 2007.
SUMMARY: EPA is revising the EPA Acquisition Regulation (EPAAR) to establish policy and procedures for acquiring environmentally preferable meeting and conference services. This EPAAR revision adds a prescription and solicitation provision that Agency employees are required to use when soliciting quotes or offers for meeting and conference space and services. The solicitation provision requires meeting and conference venues to provide EPA with information about environmentally preferable features and practices in use at their facilities. As stated in the Federal Acquisition Regulation (FAR), environmentally preferable products and services are those “that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.” The intent of this rule is to ensure that environmental preferability is considered in each purchase of commercial meeting and conference services, which furthers the EPA mission to protect human health and the environment. This action revises the EPAAR, but does not impose any new requirements on Agency contractors. The procedure requires Agency employees to request information from prospective meeting venues about their environmentally preferable (green) practices for consideration in the award decision, thus encouraging the industry to adopt more of these practices so that we will be more likely to do business with them. This rule imposes no requirement or standard that a facility must meet in order to do business with us.
DATES: This final rule is effective on May 1, 2007

OFPP-Determination of Executive Compensation Benchmark Amount Pursuant to Section 39 of the Office of Federal Procurement Policy (OFPP) Act (41 U.S.C. 435), as Amended, Notice, 72 Fed. Reg. 14300, March 27, 2007.
SUMMARY: The Office of Management and Budget (OMB) is hereby publishing the attached memorandum to the heads of executive departments and agencies concerning the determination of the maximum benchmark compensation amount that will be allowable under government contracts during contractors’ FY 2007-$597,912. This determination is required under Section 39 of the Office of Federal Procurement Policy (OFPP) Act (41 U.S.C. 435), as amended. The benchmark compensation amount applies equally to both defense and civilian procurement agencies.

FEMA Acquisition Regulation System; Removal of Chapter 44, Direct final rule, 72 Fed. Reg. 9445, March 2, 2007.
SUMMARY: This direct final rule removes the Federal Emergency Management Agency Acquisition Regulation in its entirety. This removal is a result of the establishment of the Department of Homeland Security and its subsequent Homeland Security Acquisition Regulation supplement to the Federal Acquisition Regulation.
Dates: This rule is effective May 1, 2007, unless adverse comment is received by April 2, 2007. If adverse comment is received, FEMA will publish a timely withdrawal of the rule in the Federal Register.

USAID Direct Contracts for Personal Services, Proposed rule, 72 Fed. Reg. 6812, February 13, 2007.
SUMMARY: The U.S. Agency for International Development (USAID) is proposing to consolidate its regulations on USAID Direct Contracts for all types of Personal Services into one Appendix. This will clarify and consolidate all regulations for personal services contracts and will eliminate the need for having to refer to multiple sources. This new Appendix A will replace Appendix D-Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad, and Appendix J-Direct USAID Contracts with a Cooperative Country National and with a Third Country National for Personal Services Abroad. Appendix A will also incorporate all the regulations and policies currently contained in Contract Information Bulletins (CIBs) and Acquisition and Assistance Directives (AAPDs). This will eliminate the need to refer to two different appendices and other sources for regulations and policies on personal services contracting.
    This Appendix will be divided into four parts-one part containing provisions for all types of Personal Services Contracts (PSCs), the second part for U.S. PSCs only, the third part for Third-Country National (TCN) PSCs only, and the fourth part for Cooperating Country National (CCN) PSCs, also known as Foreign Service National (FSN) PSCs only. The USPSC part will identify the provisions for U.S. nationals working in AID/W and those posted overseas. In addition, all nonregulatory information such as procedures and guidance currently contained in Appendices D and J will be removed and incorporated into USAID’s internal policy manual-the automated directives system (ADS). We believe this separation of regulations and policies from the procedures and guidance on personal services contracting will clarify and consolidate the regulatory requirements.
DATES: Submit comments on or before April 16, 2007.

GSAR Case 2006-G522, Federal Supply Schedule Contracts-Recovery Purchasing by State and Local Governments Through Federal Supply Schedules, Interim rule, 72 Fed. Reg. 4649, February 01, 2007.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to implement Section 833 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109 364). Section 833 amends 40 U.S.C. 502 to authorize the Administrator of General Services to provide to State and local governments the use of Federal Supply Schedules of the GSA for purchase of products and services to be used to facilitate recovery from a major disaster, terrorism or nuclear, biological, chemical, or radiological attack.
DATES: Effective Date: February 1, 2007. Comment Date: Interested parties should submit comments in writing to the Regulatory Secretariat at the address shown below on or before April 2, 2007 to be considered in the formulation of a final rule.

SBA-HUBZone and Government Contracting, Proposed rule, 72 Fed. Reg. 3750, January 26, 2005.
SUMMARY: This rule proposes to amend the U.S. Small Business Administration’s (SBA or Agency) Historically Underutilized Business Zone (HUBZone) program’s definition of the term “employee.” SBA believes that the proposed amendment will simplify the existing definition and increase employment of HUBZone residents.
DATES: Comments must be received on or before February 26, 2007.

Agency for International Development, Key Subcontractor Consent Requirements, Advanced notice of proposed rulemaking, 72 Fed. Reg. 3778, January 26, 2006.
SUMMARY: The United States Agency for International Development is proposing to amend 48 CFR Chapter 7, the USAID Acquisition Regulation (AIDAR), by adding additional authority to monitor prime contractor compliance with subcontracting plans. The intent of this amendment is to provide the contracting officer a means for monitoring and assuring that subcontractors who were named in the offeror’s proposal and whose contributions were evaluated as part of the proposal evaluation are in fact used in the contract.
DATES: Submit comments on or before March 27, 2007

HUBZone Program; Correction, 72 Fed. Reg. 3040, January 24, 2007
SUMMARY: This document contains a correction to the final regulations which were published in the Federal Register of May 24, 2004. The regulations amended several definitions and made procedural and technical amendments to cover the U.S. Small Business Administrations (SBA) HUBZone, size and government contracting programs. This rule also inadvertently included two provisions that except for one word are substantively similar. SBA is removing one of these two provisions to eliminate the confusion.
Dates: Effective January 24, 2007.

Department of the Navy Acquisition Regulations, Continuous Process Improvements (CPI), Advance notice of proposed rulemaking, 72 Fed. Reg. 2250, January 18, 2007.
SUMMARY: The Deputy for Acquisition Management, Office of the Assistant Secretary of the Navy (Research, Development and Acquisition) is issuing this advance notice of proposed rulemaking (ANPR) to solicit comments that can be used to assist the Department of the Navy (DON) in drafting a proposed Navy Marine Corps Acquisition Regulation Supplement contract clause or statement of work requirements that will incentivize contractors to pursue and implement CPI on DON major defense contracts. In particular, the primary focus will be to incentivize proactive business process improvement activities that identify increased efficiencies, cost avoidance, and cost savings, and provide the greatest motivation for contractors to share related savings with the DON to the maximum extent practicable.
DATES: Comment Date: Interested parties should submit comments on or before March 19, 2007, to be considered in the formulation of any proposed rule.

DOE-Nonprocurement Debarment and Suspension, Final rule, 71 Fed. Reg. 70457, December 05, 06.
SUMMARY: The Department of Energy (DOE) is moving its regulations on nonprocurement debarment and suspension from their current location in title 10 of the Code of Federal Regulations (CFR) to title 2 of the CFR, and is adopting the format established by the Office of Management and Budget (OMB) in a notice of interim final guidance on nonprocurement debarment and suspension published in the Federal Register on August 31, 2005. In todays rule, DOE establishes a new 2 CFR part 901 that adopts OMBs final government-wide guidance on nonprocurement debarment and suspension and contains supplemental DOE nonprocurement debarment and suspension provisions. In addition, this rule removes 10 CFR part 606, the existing DOE nonprocurement debarment and suspension regulations, and makes a conforming change to 10 CFR part 600. These changes constitute an administrative simplification that makes no substantive change in DOE policy or procedures for nonprocurement debarment and suspension.
DATES: Effective Date: This final rule is effective on December 5, 2006.

Department of the Army, Claims Against the United States, Final rule, 71 Fed. Reg. 69360, November 30, 2006.
SUMMARY: The Department of the Army is publishing as a final rule an amendment to its regulations to reflect a substantial revision of AR 27-20, an Army publication which governs the processing of claims worldwide. The purpose of this revision is to make AR 27-20 clearer and easier to use, after years of piecemeal amendments. This rewrite also ensures that AR 27-20 is in keeping with current statutes, legal opinions and Department of Justice guidance pertaining to claims processing. This updated rule will expedite payment of meritorious claims throughout the world.
Dates: Effective date: January 2, 2007.

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR, SEVERELY DISABLED, AbilityOne Program, Final rule 71 Fed. Reg. 68492, November 27, 2006.
SUMMARY: The Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) has deliberated and voted to change the name of the JWOD Program to the AbilityOne Program. The name of the program is being changed to AbilityOne to give a stronger, more unified identity to the program and to show a connection between the program name and the abilities of those who are blind or have other severe disabilities.
DATES: Effective Date: November 27, 2006.

AGENCY FOR INTERNATIONAL DEVELOPMENT, Mentor-Protégé Program, Proposed rulemaking, 71 Fed. Reg. 67518, November 22, 2006.
SUMMARY: The United States Agency for International Development (USAID) is proposing to amend its acquisition regulations to formally encourage USAID prime contractors to assist small disadvantaged firms certified by the Small Business Administration under Section 8(a) of the Small Business Act, other small disadvantaged business, Historically Black Colleges and Universities and other minority institutions of higher learning, and women-owned small business in enhancing their capabilities to perform contracts and subcontracts for USAID and other Federal agencies. The program seeks to provide a Mentor- Protégé Program that assists qualified small business to receive developmental assistance from USAID prime contractors in order to increase the base of small business eligible to perform USAID contracts and subcontracts. The program also seeks to foster long-term business relationships between USAID prime contractors and small business entities and minority institutions of higher learning and to increase the overall number of small business entities and minority institutions that receive USAID grants, cooperative agreements, contracts, and subcontract awards.
DATES: : Written comments on the proposed rulemaking must be received on or before December 8, 2006

Small Business Size Regulations; Size for Purposes of Government-Wide Acquisition Contracts, Multiple Award Schedule Contracts and Other Long- Term Contracts; 8(a) Business Development/Small Disadvantaged Business; Business Status Determinations, Final rule, 71 Fed. Reg. 66434, November 15, 2006.
SUMMARY: The U.S. Small Business Administration (SBA or Agency) is amending its regulations to address the time at which size is determined for the purposes of long-term federal contracts including Government-Wide Acquisition Contracts (GWACs), the General Services Administration (GSA) Multiple Award Schedule (MAS) contracts and multi-agency contracts (MACs). SBA is also amending its 8(a) Business Development regulations to address when a business concern may receive orders as an 8(a) program participant under GSA’s MAS Program and other multiple award contracts. This final action is necessary to ensure that small business size status is accurately represented and reported over the life of these long-term Federal contracts.
Dates: Effective Date: This rule is effective June 30, 2007, and applies to solicitations and contracts issued after the effective date, as well as contracts and solicitations in existence at the time of the effective date.

Small Business Size Standards: Waiver of the Nonmanufacturer Rule,
ACTION: Notice of denial to waive the Nonmanufacturer Rule for Personal Computers. 71 Fed. Reg. 66214, November 13, 2006.
SUMMARY: The U.S. Small Business Administration (SBA) is denying a request for a waiver of the Nonmanufacturer Rule for Personal Computers based on our discovery of small business manufacturers for this class of product. Denying this waiver will require recipients of contracts set aside for small businesses, servicedisabled veteran-owned small businesses, or SBA’s 8(a) Business Development Program to provide the products of small business manufacturers or processors on such contracts.
DATE: This notice of denial is effective November 28, 2006.

NASA Implementation of Earned Value Management (EVM), Interim rule, 71 Fed. Reg. 66120, November 13, 2006.
SUMMARY: This interim rule revises the NASA FAR Supplement (NFS) to implement the Federal Acquisition Regulation (FAR) EVM coverage issued in Federal Acquisition Circular (FAC) 2005-11.
Dates: Effective date: This interim rule is effective November 13, 2006.
Comment date: Interested parties should submit comments to NASA at the address below on or before January 12, 2007 to be considered in formulation of the final rule.

USAID Acquisition Regulation, Application of Post Differential and Danger Pay Allowances To Extended Workweeks Under Cost- Reimbursement Type Contracts, Proposed rule, 71 Fed. Reg. 6229, October 24, 2006.
SUMMARY: The U.S. Agency for International Development (USAID) is proposing to amend its regulations by adding how Post-differential and Danger pay allowances will be applied to extended
DATES: Submit comments on or before December 26, 2006.

NASA-Cross-Waiver of Liability, Notice of proposed rulemaking, 71 Fed. Reg. 62061, October 23, 2006.
SUMMARY: The National Aeronautics and Space Administration (NASA) is proposing to amend part 1266 of Title 14 to update and ensure consistency in the use of cross-waiver of liability provisions in NASA agreements. Part 1266 provides the regulatory basis for cross-waiver provisions used in the following categories of NASA mission agreements: Agreements for activities in connection with the “Agreement Among the Government of Canada, Governments of Member States of the European Space Agency, the Government of Japan, the Government of the Russian Federation, and the Government of the United States of America concerning Cooperation on the Civil International Space Station” (commonly referred to as the ISS Intergovernmental Agreement, or IGA); agreements for use of the Space Shuttle; and agreements for NASA’s science and space exploration missions that are launched on Expendable Launch Vehicles (ELVs). Among other generally clerical amendments to this Part, NASA is proposing to delete the subsection regarding the cross-waiver of liability during Space Shuttle operations and expand the scope of the ELV provision to encompass Reusable Launch Vehicles (RLVs) as well as other users of the same launch vehicle during the same launch.
Comment Date: Comments due on or before November 22, 2006.

NASA-Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Contractor Recertification of Program Compliance, Final rule, 71 Fed. Reg. 61687, October 19,2006.
SUMMARY:This rule adopts the proposed rule published in the Federal Register on September 30, 2005 as final with minor, non-substantive editorial changes. The final rule amends the NASA FAR Supplement (NFS) to include a requirement for NASA’s Small Business Innovation Research (SBIR) and the Small Business Technology Transfer (STTR) program contractors to complete a recertification of program compliance prior to final payment. This requirement is being established to facilitate the Government’s ability to hold contractors accountable for compliance with Federal statute, regulation, and requirements associated with the SBIR and STTR programs. In addition, the final rule corrects the following in the proposed rule: Revises the section numbering of the prescription identified in NFS 1832.12 of the proposed rule from NFS 1832.1200 to NFS 1819.7302(f); revises the numbering of the clause from NFS 1852.232-83 in the proposed rule to NFS 1852.219-85 in the final rule; makes minor revisions to conform clause titles with those in the clause prescriptions; revises the Supplementary Information, Paragraph B. Regulatory Flexibility Act to expand the justification that the rule does not have a significant economic impact on small entities; and makes other minor editorial corrections.
DATES: Effective Date: October 19, 2006.

OFCCP-Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Equal Opportunity Survey, Final rule, 71 Fed. Reg. 53042, September 08, 2006.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is publishing a final rule rescinding the Equal Opportunity Survey (EO Survey) requirement in order to more effectively focus enforcement resources and eliminate a regulatory requirement that fails to provide value to either OFCCP enforcement or contractor compliance. This rule allows OFCCP to better direct its resources for the benefit of victims of discrimination, the government, contractors, and taxpayers.
DATES: Effective Date: September 8, 2006.

DOE-Federal Energy Management Program; Standard for Premium Energy Efficient Electric Motors for Federal Acquisition, Final determinatiopn, 71 Fed. Reg. 47791, August 18, 2006.
SUMMARY: The Energy Policy Act of 2005 (EPAct 2005) requires that in the case of electric motors of 1 to 500 horsepower, Federal agencies shall select and purchase only premium efficient motors that meet a specification designated by the Secretary of Energy (Secretary). DOE today designates the specifications developed by the Federal Energy Management Program (FEMP) under Executive Order 13123 as the specification for premium efficient motors for purposes of Federal purchasing. The specifications in todays final standard are identical to those in a temporary standard published for public comment on February 14, 2006. This final standard is consistent with standards recommended by the National Electrical Manufacturers Association (NEMA), the Consortium for Energy Efficiency (CEE) and other energy efficiency groups.
DATES: The effective date of this notice is August 18, 2006.

NASA-Security Requirements for Unclassified Information Technology (IT) Resources, Proposed rule, 71 Fed. Reg. 43408, August 01, 2006.
SUMMARY: NASA is proposing to amend the clause at NASA FAR Supplement (NFS) 1852.20476, Security Requirements for Unclassified Information Technology Resources, to reflect the updated requirements of NASA Procedural Requirements (NPR) 2810, “Security of Information Technology”. The NPR was recently revised to address increasing cyber threats and to ensure consistency with the Federal Information Security Management Act (FISMA), which requires agencies to protect information and information systems in a manner that is commensurate with the sensitivity of the information processed, transmitted, or stored.
DATES: Comments should be submitted on or before October 2, 2006.

FPMR-Disposition of Seized, Forfeited, Voluntarily Abandoned, and Unclaimed Personal Property, Final rule, 71 Fed. Reg. 41369, July 21, 2006.
SUMMARY: The General Services Administration (GSA) is amending the Federal Property Management Regulations (FPMR) by revising coverage on utilization, donation, or disposal of abandoned and forfeited personal property and moving it into the Federal Management Regulation (FMR). A cross-reference is added to the FPMR to direct readers to the coverage in the FMR. The FMR is written in plain language to provide agencies with updated regulatory material that is easy to read and understand.
DATES: Effective Date: July 21, 2006.

SBA-The Women-Owned Small Business Federal Contract Assistance Program, Proposed rule, 71 Fed. Reg. 34550, June 15, 2006.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend its regulations governing SBA’s government contracting programs. This proposed rule would add a new part to implement the Women-Owned Small Business Federal Contract Assistance Program authorized under the Small Business Reauthorization Act of 2000. It would also make the relevant conforming amendments to SBA’s regulations.
DATES: Comments must be received on or before July 17, 2006.

Department of Health and Human Services-Acquisition Regulations, Proposed rule, 71 Fed. Reg. 30520, May 26, 2006.
SUMMARY: The Department of Health and Human Services proposes to amend its acquisition regulations (HHSAR) to make administrative and editorial changes to reflect organizational title changes resulting from Office of the Secretary (OS) and Operating Division (OPDIV) reorganizations and to update or remove outdated text and references. The intent of the proposal is to bring the HHSAR up to date and to make the HHSAR consistent with the latest amendments to the Federal Acquisition Regulations (FAR).
DATES: Comments must be received by July 25, 2006.

NASA Grant and Cooperative Agreement Handbook-Patent Rights and Rights in Data, CSC Programs, Final rule, 71 Fed. Reg. 28774, May 18, 2006.
SUMMARY: This final rule amends 14 CFR 1260.20(e), “Provisions,” and the introductory paragraph to Exhibit E (Commercial Space Centers Program Grants/Cooperative Agreements Intellectual Property) to clarify that the “Patent Rights” and “Rights in Data-CSC Program” special conditions in Exhibit E are to be used in all grants or cooperative agreements awarded to Commercial Space Centers (CSC) under the Space Development and Commercial Research (SDCR) Program instead of (rather than in addition to) the general conditions for Patent Rights ( 1260.28) and Rights in Data (§ 1260.30). In addition, this final rule makes an administrative change to correct a crossreference error in paragraph (e) of the general condition entitled, “Patent Rights,” § 1260.28.
DATES: Effective Date: May 18, 2006.

Small Business Size Standards; Air Traffic Control, Other Airport Operations, and Other Support Activities for Air Transportation, Proposed rule, 71 Fed. Reg. 28604, May 17, 2006.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to increase the size standard for the Air Traffic Control (North American Classification Systems (NAICS) 488111), Other Airport Operations (NAICS 488119), and Other Support Activities for Air Transportation (NAICS 488190) industries from $6.5 million in average annual receipts to $21 million. The proposed revisions are being made to better define the size of a small business in these industries based on a review of industry characteristics.
DATES: Comments must be received by SBA on or before June 16, 2006.

DOE-Assistance Regulations, Final rule, 71 Fed. Reg. 27158, May 09, 2006.
SUMMARY: The Department of Energy (DOE) is adopting, with minor changes, the interim final rule published on November 15, 2005, that established a new part to the DOE assistance regulations and revised 10 CFR part 600, subpart A to conform with the new part. The new part establishes policies and procedures to implement the “other transactions” authority granted to the Secretary of Energy by Section 1007 of the Energy Policy Act of 2005. DOE is implementing this new authority through the award and administration of technology investment agreements (TIAs).
DATES: Effective Date: This final rule is effective on July 10, 2006.

DOE-Acquisition Regulation: Implementation of DOE’s Cooperative Audit Strategy for Its Management, Notice of proposed rulemaking, 71 Fed. Reg. 26723, May 08, 2006.
SUMMARY: The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) to revise and expand policy and requirements for contractor internal audits, through the use of DOE’s Cooperative Audit Strategy. The amendments would ensure that internal contractor audits are conducted in a manner that ensures reliability.
DATES: Comments should be submitted on or before July 7, 2006.

Revision of Department of Homeland Security Acquisition Regulation, Final rule, 71 Fed. Reg. 25759, May 02, 2006.
SUMMARY: This final rule adopts, with specified changes, the interim rule establishing the Department of Homeland Security Acquisition Regulation (HSAR). This regulation supplements the Federal Acquisition Regulation (FAR) and provides a uniform department-wide acquisition regulation for the Department of Homeland Security (DHS). The HSAR provides specificity about the Department’s organization, policies, procedures, and delegations of authority. The FAR and HSAR apply to all DHS entities, except the Transportation Security Administration (TSA).
DATES: This rule is effective on June 1, 2006

DOE-Acquisition Regulation: Make-or-Buy Plans, Final rule, 71 Fed. Reg. 16241, March 31, 2006.
SUMMARY: The Department of Energy (DOE) is amending the Department of Energy Acquisition Regulation (DEAR) to revise its requirements for contractor make-or-buy plans. The Department published a Notice of Proposed Rulemaking on December 15, 2004, proposing to eliminate its program requiring make or buy analyses and plans from its management and operating (M&O) contractors.
DATES: Effective Date: May 1, 2006.

DOT-Federal Transit Administration, Buy America Requirements; Amendments to Definitions, Final rule, 71 Fed. Reg. 14112, March 21, 2006.
SUMMARY: This final rule amends 49 CFR Parts 661 and 663 as required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [Pub. L. 10959, August 10, 2005]. The Federal Transit Administration (FTA) proposed certain changes to the Buy America requirements on November 21, 2005 (70 FR 71246). This final rule addresses fewer issues than were proposed in the Notice of Proposed Rulemaking (NPRM) because of the complexity of a number of recommendations and issues presented during the comment period. Thus, FTA is publishing a final rule on those issues that received little or no public comment. FTA will publish a new NPRM in the Federal Register and hold a public meeting to address the issues raised in the NPRM published on November 21, 2005, but not addressed herein. Thereafter, FTA will publish a final rule with respect to such issues.
DATES: Effective Date: The effective date of this rule is March 21, 2006.

EPA-EPAAR Prescription and Clause—Simplified Acquisition Procedures Financing, Proposed rule, 71 Fed. Reg. 12660, March 13, 2006.
SUMMARY: EPA is proposing to revise the EPA Acquisition Regulation (EPAAR) Subparts 1532 and 1552 to implement a procedure for simplified acquisition procedures financing. This proposed EPAAR revision will add a prescription and clause for contracting officers to use when approving advance or interim payments on simplified acquisitions. The proposed prescription and clause apply to commercial item orders at or below the simplified acquisition threshold. This action revises the EPAAR, but does not impose any new requirements on Agency contractors. The procedure will allow contractors to invoice for advance and interim payments in accordance with standard commercial practices when authorized by the contracting officer and identified in the clause payment schedule.
DATES: Interested parties should submit comments in writing on or before May 12, 2006.

NASA-Safety and Health-Alternate I to Major Breach of Safety or Security Clause, Final rule, 71 Fed. Reg. , February 22, 2006.
SUMMARY: This rule adopts as final, with a minor editorial change, the proposed rule published in the Federal Register (70 FR 33726-33727) on June 9, 2005. This final rule amends the NASA FAR Supplement (NFS) to add Alternate I to the “Major Breach of Safety or Security” clause. Alternate I deletes references to termination for default and makes other changes to be consistent with the FAR termination clauses prescribed for use with educational or nonprofit institutions performing research and development work on a nonprofit or nofee basis, and in contracts for commercial items.
EFFECTIVE DATE: February 22, 2006.

Criminal Jurisdiction Over Civilians Employed by or Accompanying the Armed Forces Outside the United States, Service Members, and Former Service Members, Final rule, 71 Fed. Reg. , February 22, 2006.
SUMMARY: Chapter 212 of title 18, United States Code (Military Extraterritorial Jurisdiction Act of 2000 (MEJA)) establishes Federal criminal jurisdiction over whoever engages in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year (i.e., a felony offense) while employed by or accompanying the Armed Forces outside the United States, certain members of the Armed Forces subject to the Uniform Code of Military Justice (Chapter 47 of title 10, United States Code), and former members of the Armed Forces. This rule is established to correspond with the Department of Defense Instruction 5525.11, “Criminal Jurisdiction Over Civilians Employed By or Accompanying the Armed Forces Outside the United States, Certain Service Members, and Former Service Members,” that the Deputy Secretary of Defense approved on March 3, 2005.
DATES: Effective: March 3, 2005.

GSA-Acquisition Regulation; GSAR Revision Initiative, Advance notice of proposed rulemaking with request for comments, 71 Fed. Reg. 7910, February 15, 2006.
SUMMARY: The General Services Administration (GSA) is requesting comments from both Government and industry on areas in which the General Services Administration Acquisition Regulation (GSAR) can be revised to improve clarity and simplify procedures.
DATES: Interested parties should submit comments in writing on or before April 17, 2006 to be considered in the formulation of a proposed rule.

NASA-Change in Definition of Head of the Contracting Activity, Final rule, 71 Fed. Reg. 7873, February 15, 2006.
SUMMARY: This final rule amends the NASA FAR Supplement (NFS) by revising the definition for “Head of the contracting activity (HCA).”
DATES: Effective Date: February 15, 2006.

OFCCP-Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans; Correction, 71 Fed. Reg. 6213, February 07, 2006.
SUMMARY: This document contains a correction to the Office of Federal Contract Compliance Programs (OFCCP) final regulations implementing the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), which were published in the Federal Register on December 1, 2005. Those final regulations, among other things, incorporate the changes to VEVRAA that were made by the Veterans Employment Opportunities Act of 1998 and the Veterans Benefits and Health Care Improvement Act of 2000.
EFFECTIVE DATE: February 7, 2006.

OFPP-Cost Accounting Standards Board; Accounting for Insurance Costs AGENCY: Cost Accounting Standards Board, Staff discussion paper., 71 Fed. Reg. 4335, January 26, 2006.
SUMMARY: The Cost Accounting Standards (CAS) Board, Office of Federal Procurement Policy, invites public comments on the staff discussion paper (SDP) regarding CAS 416, “Accounting for Insurance Costs.” In particular, this staff discussion paper addresses the use of the term “catastrophic losses” in CAS 416-50(b)(1).
DATES: Comments must be in writing and must be received by March 27, 2006.

OFCCP-Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Equal Opportunity Survey, Notice of proposed rulemaking, 71 Fed. Reg. 3374, January 20, 2006.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) commissioned two studies to determine whether data submitted by contractors in response to the Equal Opportunity Survey (EO Survey) could be used to develop an effective and efficient tool to target those contractors most likely to be discriminating. The first study failed to find a correlation between the predictive variables generated from the EO Survey and determinations of noncompliance. The second study showed that the EO Survey did not provide sufficiently useful data for enforcement targeting purposes. In light of these findings, together with a review of both the costs associated with the EO Survey and the utility of the EO Survey in accomplishing any of its stated objectives, OFCCP is proposing to remove the current requirement for nonconstruction federal contractors to file the EO Survey under Section 60 2.18. This proposed change is intended to more effectively focus enforcement resources and to eliminate a regulatory requirement that fails to provide value to either OFCCP enforcement or contractor compliance. OFCCP’s resources could be better directed for the benefit of victims of discrimination, the government, contractors, and taxpayers.
DATES: Comments must be received on or before March 21, 2006.

OFCCP-Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Disabled Veterans, Recently Separated Veterans, Other Protected Veterans, and Armed Forces Service Medal Veterans, Notice of proposed rulemaking, 71 Fed. Reg. 3352, January 20, 2006.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is proposing new regulations to implement the amendments to the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”) that were made by the Jobs for Veterans Act (“JVA”) enacted in 2002.
    JVA amended VEVRAA by: Raising the dollar amount of the Government contracts that are subject to the requirements of VEVRAA; changing the categories of veterans protected under the law; and changing the manner in which the mandatory job listing requirement is to be implemented. The JVA amendments apply to Government contracts entered into on or after December 1, 2003.
    For the convenience of contractors, veterans, and other interested parties, OFCCP proposes to publish the regulations implementing the JVA amendments to VEVRAA in a new part. This proposed rule would apply only to Government contracts entered into on or after December 1, 2003. The existing VEVRAA implementing regulations will continue to apply to Government contracts entered into before December 1, 2003. Contractors with Government contracts entered into both before, and on or after December 1, 2003, would be subject to both the requirements found in the existing VEVRAA implementing regulations and the requirements in today’s proposal.
DATES: To be assured of consideration, comments must be received on or before March 21, 2006

Federal Employees Health Benefits Acquisition Regulation: Technical Amendments, Final rule, 71 Fed. Reg. 3015, January 19, 2006.
SUMMARY: The Office of Personnel Management (OPM) is issuing this final regulation to make minor technical amendments to the Federal Employees Health Benefits Acquisition Regulation (FEHBAR).
DATES: Effective February 21, 2006.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT-Amendments to HUD Acquisition Regulations (HUDAR), Proposed rule, 71 Fed. Reg. 2444, January 13, 2006.
SUMMARY: This rule proposes to amend HUD’s Acquisition Regulations (HUDAR) to implement miscellaneous changes. The proposed revisions include improvements in clarity and uniformity in the Department’s acquisition regulations.
DATES: Comment Due Date: March 14, 2006.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT-Amendments to HUD Acquisition Regulation (HUDAR), Final rule, 71 Fed. Reg. 2432, January 13, 2006.
SUMMARY: This rule amends the Department of Housing and Urban Development Acquisition Regulation (HUDAR) to implement miscellaneous changes. The changes include corrections to provisions and the removal of obsolete text and clauses. This final rule reflects organizational changes within HUD and is limited to provisions that involve internal agency procedures.
DATES: Effective Date: February 13, 2006.

VA Acquisition Regulation: Plain Language Rewrite, Proposed rule, 71 Fed. Reg. 2342, January 13, 2006.
SUMMARY: We propose to revise the Department of Veterans Affairs (VA) Acquisition Regulation (VAAR). We have rewritten much of the VAAR to conform to plain language principles. We are changing many delegations of authority for the purpose of becoming more efficient. We are removing nonregulatory material. We are making changes in format, arrangement, and numbering to make the VAAR parallel to the Federal Acquisition Regulation (FAR) as required by the FAR. We are removing provisions that simply restate FAR provisions that are already applicable. This document also proposes to set forth or revise procedures for providing notice and hearing to resolve issues regarding possible violations of the Gratuities clause, establishing qualified products lists, suspending or debarring a contractor, for expediting payments to small businesses, and for reducing or suspending payments upon a finding of contract fraud. We propose to expand the coverage of the VAAR clause on Organizational Conflicts of Interest to cover a broader range of services that may be subject to organizational conflicts of interest. We propose to clarify the scope of certain regulations and to allow use of additional VAAR clauses in commercial item solicitations and contracts, to remove requirements for setting aside construction and architect-engineer solicitations for small businesses that are in conflict with current statute, to remove a requirement to conduct an audit of section 8(a) price proposals that is contrary to current FAR requirements, and to remove a VAAR provision that requested data from offerors on veteran-owned small businesses that has been replaced by a FAR provision. The rule would provide guidance to contracting officers on the types of data that should be requested from a contractor when evaluating the contractor’s financial condition. The rule would require the use of the clause on Assignment of Claims in purchase orders, would provide guidance to contracting officers on the criteria for revising the payment due dates for invoices, and would require the use of Alternate I to the clause on Disputes.
DATES: Comments on the proposed rule should be submitted on or before March 14, 2006 to be considered in the formulation of the final rule.

OFPP-Cost Accounting Standards Board, T&M Contracts for Commercial Items, Proposed rule, 71 FR 313, January 04, 2006.
SUMMARY: The Cost Accounting Standards (CAS) Board is proposing to revise the CAS by providing an exemption for time-and-materials (T&M) and labor-hour (LH) contracts for the acquisition of commercial items.
DATES: Comments upon this proposed rule must be in writing and must be received by March 6, 2006.

DoD-Criminal Jurisdiction Over Civilians Employed by or Accompanying the Armed Forces Outside the United States, Service Members, and Former Service Members, Proposed rule, 70 FR 75998, December 22, 2005.
SUMMARY: The Military Extraterritorial Jurisdiction Act of 2000 (MEJA) establishes Federal criminal jurisdiction over whoever engages in conduct outside the United States that would constitute an offense punishable by imprisonment for more than one year (i.e., a felony offense) while employed by or accompanying the Armed Forces outside the United States, certain members of the Armed Forces subject to the Uniform Code of Military Justice and former members of the Armed Forces.
DATES: Comments must be received on or before February 21, 2006.

SBA-Small Business Technology Transfer Program Policy Directive, Final Policy Directive, 70 FR 74926, December 16, 2005.
SUMMARY: This document revises the Small Business Technology Transfer (STTR) Program Policy Directive. This final Policy Directive reflects statutory amendments to the program and provides guidance to Federal agencies on the general conduct of the STTR program. This revised directive includes amendments to streamline and enhance the program.
DATES: This final Policy Directive is effective on December 16, 2005.

NASA-Research Announcements-Small Business Subcontracting Plans and Publication Acknowledgement and Disclaimers, Final rule, 70 FR 74206, December 15, 2005.
SUMMARY: This is a final rule amending the NASA FAR Supplement (NFS) to require for NASA Research Announcements: Submission of a small business subcontracting plan with any proposal having subcontracting possibilities that may result in the award of a contract whose value exceeds $5,000,000; and acknowledgement of NASA sponsorship and disclaimer of agency endorsement of results.
DATES: Effective Date: December 15, 2005.

NASA-Property Administration and Reporting for Interagency Acquisitions, Final rule, 70 FR 74206, December 15, 2005.
SUMMARY: This is a final rule to amend the NASA FAR Supplement (NFS) to revise clause 1852.217-70 Property Administration and Reporting to change the name of “NASA-Defense Purchase Request” to “NASA-Interagency Purchase Request” and to replace the term “Military Department” to “servicing agency” in order to permit the use of this clause in interagency acquisitions with military departments and civilian agencies.
DATES: Effective Date: December 15, 2005.

OFPP-Cost Accounting Standards Board (CAS) Changes to Acquisition Thresholds, Proposed rule, 70 FR 73423, December 12, 2005.
SUMMARY: The Cost Accounting Standards (CAS) Board is proposing to adjust the CAS application and full coverage thresholds for inflation in accordance with section 807 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108375).
DATES: Comments upon this proposed rule must be in writing and must be received by February 10, 2006

OFCCP-Affirmative Action and Nondiscrimination Obligations Contractors and Subcontractors Regarding Protected Veterans, Final rule, 70 FR 72148, December 01, 2005.
SUMMARY: This final rule revises the regulations implementing the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (2001) (“Section 4212” or “VEVRAA”). This rule makes three general revisions to the VEVRAA regulations. First, it generally conforms the VEVRAA regulations to the Veterans Employment Opportunities Act of 1998 (VEOA) and the Veterans Benefits and Health Care Improvement Act of 2000 (VBHCIA). Second, it removes references to letters of commitment because the violations formerly incorporated into the letter of commitment are now summarized in the Compliance Evaluation Closure Letter. Third, it removes language about the effective date of the rule published in 1998 because that language is obsolete.
EFFECTIVE DATE: These regulations are effective January 3, 2006.

DOT-Federal Transit Administration, Buy America Requirements; Amendments to Definitions and Waiver Procedures, Notice of proposed rulemaking, 70 FR 71246, November 28, 2005.
SUMMARY: The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEALU) requires the Federal Transit Administration (FTA) to make certain changes to our Buy America requirements. Accordingly, this Notice of Proposed Rulemaking (NPRM) would clarify the Buy America requirements with respect to microprocessor waivers, remove two general waiver categories, allow for post-award waivers, require greater detail for public interest waivers, and specify that final decisions by FTA are subject to judicial review. In addition, this NPRM would clarify the definitions of end product, negotiated agreement, and contractor, and provide a list representative of those items. The NPRM also proposes addressing the procurement of systems under the definition of end product, negotiated agreement, and contractor to ensure that major system procurements are not used to circumvent the Buy America requirements. Finally, the NPRM would make a minor clarification to pre-award and post-delivery review of rolling stock purchases.
DATES: Comments requested by January 27, 2006. Late filed comments will be considered to the extent practicable.

Department of Energy-Acquisition Regulations, Work for Others, Final rule, 70 FR 71038, November 25, 2005.
SUMMARY: The Department of Energy (DOE) is adopting as final without change an Interim Final Rule amending the Department of Energy Acquisition Regulation (DEAR) to provide policy and procedures regarding work for non- DOE entities performed by DOE contractors who manage and operate DOE-owned or DOE-leased facilities and to make an administrative change concerning debarment and suspension officials.
EFFECTIVE DATE: The interim final rule published December 15, 2004 (69 FR 75001) was effective January 14, 2005.

EPA-Miscellaneous Revisions to EPAAR Clauses, Final rule, 70 FR 61657, October 25, 2005.
SUMMARY: EPA is taking direct final action on administrative changes to the EPA Acquisition Regulation (EPAAR). This action revises the EPAAR, but does not impose any new requirements on Agency contractors. The revisions in this direct final rule will make minor corrections to and streamline Agency acquisition processes to be consistent with and non-duplicative of the Federal Acquisition Regulation (FAR). Some EPAAR clauses will be revised and others will be removed. FAR clauses are available to provide coverage for the EPAAR clauses that are removed by this rule.
DATES: This rule is effective on December 27, 2005 without further notice, unless EPA receives adverse comment by November 25, 2005. If we receive such comment, we will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.

Office of Federal Contract Compliance Programs-Obligation To Solicit Race and Gender Data for Agency Enforcement Purposes, Final rule, 70 FR 58946, October 07, 2005.
SUMMARY: Office of Federal Contract Compliance Programs (OFCCP) regulations require covered federal contractors and subcontractors to collect information about the gender, race and ethnicity of each “applicant” for employment. The final rule published today modifies OFCCP applicant recordkeeping requirements to address challenges presented by the use of the Internet and electronic data technologies in contractors’ recruiting and hiring processes. The final rule is intended to address recordkeeping requirements regarding “Internet Applicants” under all OFCCP recordkeeping and data collection requirements.
EFFECTIVE DATE: These regulations are effective February 6, 2006.

DOT-Debarment and Suspension (Nonprocurement) Requirements, Notice of proposed rulemaking, 70 FR 58175, October 05, 2005.
SUMMARY: This proposal would amend Department of Transportation regulations implementing the governmentwide nonprocurement suspension and debarment requirements. Specifically, the DOT proposes to adopt the optional lower tier coverage prohibiting excluded parties from participating in subcontracts at tiers lower than the first tier below a covered nonprocurement transaction.
DATES: Comments must be received on or before November 4, 2005.

NASA-Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Contractor Re- Certification of Program Compliance, Proposed rule, 70 FR 57240, September 30, 2005.
SUMMARY: This proposed rule is to amend the NASA FAR Supplement (NFS) to include a requirement for NASA’s Small Business Innovation Research (SBIR) and the Small Business Technology Transfer (STTR) contractors to complete a re-certification of program compliance prior to final payment. This requirement is being established to facilitate the Government’s ability to hold contractors accountable for compliance with Federal statute, regulation, and program requirements as outlined in the Office of Inspector General’s Management Alert Memorandum dated April 28, 2004. As part of its continuing effort to reduce the paperwork and respondent burden, NASA invites the general public and other Federal agencies to comment on this proposed rule and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (Pub. L. 10413, 44 U.S.C. 3506(c)(2)(A)).
DATES: Comments should be submitted on or before November 29, 2005 to be considered in formulation of the final rule.

NASA-Announcement of Contract Awards, Final rule, 70 FR 56856, September 29, 2005.
SUMMARY: This final rule revises the NASA FAR Supplement (NFS) by amending the anticipated value at which public announcements are required from $25M million or greater to $5 million or greater.
September 29, 2005.

NASA-Head of Contracting Activity (HCA) Change for NASA Shared Services Center (NSSC), Final rule, 70 FR September 06, 2005.
SUMMARY: This final rule revises the NASA FAR Supplement (NFS) by amending the definition of “Contracting activity” and “Head of the contracting activity (HCA)” consistent with the mission of the NASA Shared Services Center (NSSC) which is to provide selected services in support of Human Resources, Procurement, Financial Management and Information Technology operations across the Agency.
EFFECTIVE DATE: September 6, 2005

NASA-Packaging, Handling, and Transportation, Final rule, 70 FR 52941, September 06, 2005.
SUMMARY: This is a final rule to amend the NASA FAR Supplement (NFS) to delete the “alpha” and “date” associated with NASA’s Procedural Requirements (NPR) 6000.1 referred to in the clause entitled Packaging, Handling, and Transportation (NOVEMBER 2004).
EFFECTIVE DATE: September 6, 2005.

SBA-HUBZone, Government Contracting, 8(a) Business Development and Small Business Size Standard Programs. Interim rule, 70 FR 51243, August 30, 2005.
SUMMARY: This interim rule amends SBAs HUBZone, 8(a) Business Development, Government Contracting and Size Standard regulations to implement provisions of the Small Business Act including the Consolidated Appropriations Act, 2005, specifically, Subtitle E of Division K entitled the Small Business Reauthorization and Manufacturing Assistance Act of 2004. Consistent with the new statutory requirements under Subtitle E, this interim rule: Amends the definitions of the terms “business concern,” “affiliation,” “HUBZone small business concern” and “qualified HUBZone small business concern;” amends the HUBZone eligibility requirements for tribally-owned HUBZone concerns; extends qualified HUBZone areas to include military base closure areas for a period of five years; revises the definition of a “qualified non-metropolitan county;” extends the redesignation period for HUBZone areas through the release of the 2010 census data; and provides a five percent HUBZone evaluation price preference for agricultural commodities in international food aid procurements. Pursuant to the Administrative Procedure Act, SBA has determined that there is good cause to issue this rule as an interim rule with an immediate effective date. However, SBA encourages and will consider all timely public comments in developing the final rule.
DATES: This interim rule is effective August 30, 2005. Comments must be received on or before October 31, 2005.
Correction-October 11, 2005.

Department of Labor-Service Contract Act Wage Determination OnLine Request Process, Final rule, 70 FR 50888, August 26, 2005.
SUMMARY: The Department of Labor (DOL) is amending two regulations to allow for full implementation of the Wage Determinations OnLine (WDOL) Internet Web site (http://www.wdol.gov) as the source for federal contracting agencies to use when obtaining wage determinations issued by the DOL for service contracts subject to the McNamara-O’Hara Service Contract Act (SCA) and for construction contracts subject to the Davis-Bacon Act and Related Acts (DBRA).
DATES: These rules are effective on September 26, 2005.

NASA Grant and Cooperative Agreement Handbook-Intellectual Property Required Reports and Publications, Final rule, 70 FR 46079, August 09, 2005.
SUMMARY: This final rule amends the NASA Grant and Cooperative Agreement Handbook (Handbook) to clarify intellectual property provisions. Provision § 1260.28, “Patent rights is amended to refer to NASA contractors as “Contractors” and not “Recipients”. Provision § 1260.30, “Rights in data” is amended to clarify the definition of the word “data”. Provision § 1260.75, “Summary of report requirements”, is amended to correct the cross-references to the intellectual property provisions of the Handbook. These changes are administrative in nature. No change is being made to the actual reporting requirements.
DATES: Effective August 9, 2005.

Department of Energy-Acquisition Regulation: Technical Revisions or Amendments To Update Clauses, Notice of proposed rulemaking, 70 FR 43832, July 29, 2005.
SUMMARY: The Department of Energy (DOE) is proposing to amend its acquisition regulation to remove and add specified clauses, and revise certain other clauses, currently contained in the Department of Energy Acquisition Regulation (DEAR). This rule also proposes to revise associated regulatory coverage, as necessary.
DATES: Written comments (three copies) on the proposed rulemaking must be received on or before August 29, 2005.

OFPP-Cost Accounting Standards Board; Accounting for the Costs of Employee Stock Ownership Plans (ESOPs) Sponsored by Government Contractors, Proposed rule, 70 FR 42293, July 22, 2005.
SUMMARY: The Cost Accounting Standards Board (CASB), Office of Federal Procurement Policy, invites public comments on proposed amendments to the Cost Accounting Standards (CAS) 412, “Cost accounting standard for composition and measurement of pension cost,” and CAS 415, “Accounting for the cost of deferred compensation.” These proposed amendments address issues concerning the recognition of the costs of Employee Stock Ownership Plans (ESOPs) under Government cost-based contracts and subcontracts. These proposed amendments provide criteria for measuring the costs of ESOPs and their assignment to cost accounting periods. The allocation of a contractor’s assigned ESOP costs to contracts and subcontracts is addressed in other Standards. The proposed amendments also specify that accounting for the costs of ESOPs will be covered by the provisions of CAS 415, “Accounting for the cost of deferred compensation” and not by any other Standard.
DATES: Comments must be in writing and must be received by September 20, 2005.

OPM-Federal Employees’ Group Life Insurance; Federal Acquisition Regulation, Final regulation, 70 FR 41149, July 18, 2005.
Summary: The Office of Personnel Management (OPM) is issuing a final regulation to amend the Federal Employees’ Group Life Insurance (FEGLI) Acquisition Regulation. The regulation incorporates changes in administrative policy and practices and makes clarifying language changes.
DATES: Effective August 17, 2005.

OFPP-Capitalization of Tangible Assets; Correction-Cost Accounting Standards Board, Correction to final rule, 70 FR 37706, June 30, 2005.
Summary: This document contains technical corrections to the Illustrations in CAS 9904.404, “Capitalization of Tangible Assets.” An amendment to this Standard was published on February 13, 1996 (61 FR 5520). However, while the contractor’s minimum cost criteria for capitalization was increased from $1,500 to $5,000 in the body of the Standard, this change was not reflected in the Illustrations part of the Standard. This technical correction brings the figures in the relevant Illustrations into line with the $5,000 minimum cost criteria for capitalization currently incorporated in the body of the Standard.
DATES: This rule is effective June 30, 2005.

Waiver of 10 U.S.C. 2534 for Certain Defense Items Produced in the United Kingdom, 70 FR 37333, June 29, 2005.
Summary: The Under Secretary of Defense (Acquisition, Technology, and Logistics) is waiving the limitation of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom (UK). 10 U.S.C. 2534 limits DoD procurement of certain items to sources in the national technology and industrial base. The waiver will permit procurement of items enumerated from sources in the UK, unless otherwise restricted by statute.
DATES: This waiver is effective for one year, beginning July 14, 2005.

OFCCP-Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors; Compliance Evaluations in All OFCCP Program, Final rule, 70 FR 36262, June 22, 2005.
Summary: This final rule revises the regulations implementing Section 503 of the Rehabilitation Act of 1973, as amended (Section 503), to give the Office of Federal Contract Compliance Programs (OFCCP) authority to use additional investigative procedures to determine a contractor’s compliance with Section 503. In this regard, this rule adopts the “compliance evaluation approach” that is incorporated in the regulations implementing Executive Order 11246, as amended, and the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act, as amended (VEVRAA), respectively.
In addition, this final rule revises the compliance check procedure found in the current Executive Order 11246 and VEVRAA implementing regulations. The compliance check is one of the four investigative procedures currently used by OFCCP to determine a contractor’s compliance with Executive Order 11246 and the affirmative action provisions of VEVRAA. This final rule makes a few other minor and non-substantive revisions to the regulations in 41 CFR Parts 60-1, 60-250, and 60-741.
DATES: Effective Date: These regulations are effective: July 22, 2005.

NASA FAR Supplement, Contractor Access to Sensitive Information, Final rule, 70 FR 35549, June 21, 2005.
Summary: This final rule adopts with changes the proposed rule published in the Federal Register on December 5, 2003 (68 FR 67995-67998). This final rule amends the NASA Federal Acquisition Regulation (FAR) Supplement (NFS) by providing policy and procedures on how NASA will acquire services to support management activities and administrative functions when performing those services requires the contractor to have access to sensitive information submitted by other contractors. NASA’s increased use of contractors to support management activities and administrative functions, coupled with implementing Agencywide electronic information systems, requires establishing consistent procedures for protecting sensitive information from unauthorized use or disclosure.
EFFECTIVE DATE: June 21, 2005.

NASA FAR Supplement, Safety and Health-Alternate 1 to Major Breach of Safety or Security Clause, Proposed rule, 70 FR 33726, June 09, 2005.
Summary: This proposed rule amends the NASA FAR Supplement (NFS) to add an Alternate to the “Major Breach of Safety or Security Clause.” This Alternate deletes references to termination for default and makes other changes to be consistent with the FAR termination clauses prescribed for use with educational or nonprofit institutions performing research and development work on a nonprofit or no-fee basis, and in contracts for commercial items.
DATES: Comments should be submitted on or before August 8, 2005.

GSAR-Veteran and Service-Disabled Veteran-Owned Small Business Goals in Subcontracting Plans, Final rule, 70 FR 32522, June 03, 2005.
Summary: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) in order to be consistent with the Federal Acquisition Regulation (FAR), to update GSAR clauses pertaining to subcontracting plans to include veteran-owned and service-disabled veteran-owned small businesses.
DATES: Effective Date: June 3, 2005.

DoD-Contract Financing: Performance- Based Payments, Response to public input., 70 FR 32306, June 02, 2005.
SUMMARY: The Director of Defense Procurement and Acquisition Policy (DPAP) recently completed an internal assessment regarding the use of performance-based payments as a method of financing for DoD contracts. This assessment has resulted in recommendations for revisions to policy, guidance, and training on the use of performance-based payments. [See earlier request for comments.]

OPM-Federal Employees Health Benefits Program; Revision of Contract Cost Principles and Procedures, and Miscellaneous Changes, Final rule, 70 FR 31389, June 1, 2005.
Summary: The U.S. Office of Personnel Management (OPM) is issuing a final regulation amending the Federal Employees Health Benefits (FEHB) Acquisition Regulation (FEHBAR). This regulation provides additional contract cost principles and procedures for FEHB Program experience-rated contracts and is intended to clarify our requirements and enhance our oversight of FEHB carriers.
DATES: Effective July 1, 2005.

OPM-Federal Employees Health Benefits Acquisition Regulation: Large Provider Agreements, Subcontracts, and Miscellaneous Changes, Final rule, June 1, 2005.
Summary: The Office of Personnel Management (OPM) is issuing this final regulation to amend the Federal Employees Health Benefits Acquisition Regulation (FEHBAR). It establishes requirements, including audit, for Federal Employees Health Benefits Program (FEHB) experience-rated carriers’ Large Provider Agreements. It also modifies the dollar threshold for review of carriers’ subcontract agreements; revises the definitions of Cost or Pricing Data and Experience-rate to reflect mental health parity requirements; updates the contract records retention requirement; updates the FEHB Clause Matrix; and conforms subpart and paragraph references to Federal Acquisition Regulation (FAR) revisions made since we last updated the FEHBAR.
DATES: Effective July 1, 2005.

GSA-FMR Bulletin 2005-B1, Delegations of Lease Acquisition Authority-Notification, Usage, and Reporting Requirements for General Purpose, Categorical, and Special Purpose Space Delegations, 70 FR 30115, May 25, 2005.
Summary: It has been reported recently to Congressional committees and the General Services Administration (GSA), Public Buildings Service that some Federal agencies using the delegated leasing authority issued to Federal agencies on September 25, 1996, as part of the “Cant Beat GSA Leasing” program are not following properly the instructions specified as a condition for use of the leasing delegation. The attached bulletin reemphasizes and updates the notification and reporting requirements specified in the delegation of authority and its supporting information, GSA Bulletin FPMR D-239 and GSA Bulletin FPMR D-239, Supplement 1, which are hereby canceled and superseded by this bulletin. Additional reporting requirements for categorical and special purpose space delegations are also included. This bulletin is in keeping with the spirit of Executive Order 13327, “Federal Real Property Asset Management,” in order to maximize the increased Governmentwide emphasis on real property inventory management. The FMR and any corresponding documents may be accessed at GSAs website at http://www.gsa.gov/fmr.
EFFECTIVE DATES: May 25, 2005.

OFPP-Cost Accounting Standards Board; Applicability of Cost Accounting Standards Coverage, Interim rule, May 23, 2005.
Summary: The Cost Accounting Standards (CAS) Board is revising the criteria applicable to United Kingdom (UK) contractors for filing a Disclosure Statement, Form No. CASB DS-1. This rulemaking is authorized pursuant to section 26 of the Office of Federal Procurement Policy Act. The Board is promulgating this interim rule in order to comply with a specific request by the UK Ministry of Defence to simplify the compliance process with CAS Board disclosure requirements for UK contractors.
DATES: Effective Date: This rule is effective May 23, 2005.
Comment Date: Comments upon this interim rule must be in writing and must be received by July 22, 2005.

NASA-Head of Contracting Activity (HCA) Change for Exploration Systems Directorate, Final rule, 70 FR 29456, May 23, 2005.
Summary: This final rule revises the NASA FAR Supplement (NFS) by amending the definition of “head of contracting activity” consistent with the realignment of program management responsibilities between NASA Headquarters and the field centers.
DATES: Effective May 23, 2005.

Department of the Interior, Acquisition Regulations, Woody Biomass Utilization, Final rule, 70 FR 29208, May 20, 2005.
Summary: This rule converts an interim final rule to a final rule, with minor adjustments in response to public comment. In addition, the numbering scheme was revised to conform to the existing regulatory structure. As a result of this rulemaking, Department of the Interior will allow service contractors to remove woody biomass generated as a result of land management service contracts whenever ecologically appropriate and in accordance with applicable law.
DATES: Effective Date: May 20, 2005.

FMR Case 2005-102-1, Federal Management Regulation; Transportation and Management, Transportation Payment and Audit, 70 FR 23078, May 04, 2005.
Summary: The General Services Administration is amending the Federal Management Regulation (FMR) by adding the requirement that transportation managers who obligate the Government for rate tender procurements must be properly authorized in writing. This written authorization will certify that the transportation manager is competent and trained in transportation management and has the authority to commit Government funds for the procurement of transportation or transportation services. The FMR and any corresponding documents may be accessed at GSA’s website at http:// www.gsa.gov/fmr.
DATES: Comment Date: July 5, 2005.

POSTAL SERVICE-Purchasing of Property and Services, Final rule, 70 FR 20291, April 19, 2005.
Summary: The Postal Service™ is amending its regulations in order to implement the acquisition portions of its Transformation Plan (April 2002) and the similar recommendations of the President’s Commission on the United States Postal Service (July 2003) as they relate to the acquisition of property, goods and services in accordance with 39 U.S.C. §§ 101, 401, 403, 404, and 410.
DATES: Effective Date: May 19, 2005.

GAO-Administrative Practice and Procedure, Bid Protest Regulations, Government Contracts, Final rule, 70 FR 19679, April 14, 2005.
Summary: This document amends Government Accountability Office (GAO) Bid Protest Regulations by revising the definition of an interested party to permit a protest to be filed by an agency tender official (ATO) in certain public-private competitions under Office of Management and Budget (OMB) Circular A-76. This document also revises the definition of an intervenor to permit an ATO and an employee representative to intervene in certain protests involving public-private competitions under OMB Circular A-76. This action implements the provisions of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 related to the bid protest process, where a public-private competition has been conducted under OMB Circular A-76 regarding an activity or function of a Federal agency performed by more than 65 full-time equivalent (FTE) employees of the Federal agency.
DATES: Effective April 14, 2005.

GSAR ANPR 2005N01, GSA Acquisition Regulation; Waiver of Consequential Damages and “Post Award” Audit Provisions (Correction), 70 FR 19051, April 12, 2005.
Summary: The General Services Administration (GSA) is requesting comments from both Government and industry on whether the General Services Administration Acquisition Regulation (GSAR) should be revised to include a waiver of consequential damages for contracts awarded for commercial items under the FAR. GSA is also requesting comments on whether “post award” audit provisions should be included in its Multiple Award Schedules (MAS) contracts and Governmentwide acquisition contracts (GWACs). GSA is further amending the correction notice published in the Federal Register at 70 FR 13005, March 17, 2005, to add the following: In addition, GSA is interested in receiving comments on whether the Examination of Records clause at GSAR 552.215-71 should be modified to reinstate postaward access to and the right to examine records to verify that preaward/ modification pricing, sales, or other data related to the supplies or services offered under a contract which formed the basis for an award/modification was accurate, current, and complete. The notice published in the Federal Register at 70 FR 12167, March 11, 2005, is amended to extend the public comment date to May 10, 2005, and to allow interested parties to submit presentations by April 7, 2005.
DATES: Comment Date: Interested parties should submit comments on or before May 10, 2005, to be considered in the formulation of a proposed rulemaking. Public Meeting Presentation Date: Interested parties may register and submit presentations by April 7, 2005.

GSAR 2005-G501, Federal Agency Retail Pharmacy Program, Proposed rule, 70 FR 19045, April 12, 2005.
Summary: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to add a new subpart and clause required by the Department of Veterans Affairs (VA), consistent with Congressional intent under Section 603 of the Veterans Health Care Act of 1992 (VHCA) that certain Federal agencies (i.e., VA, Department of Defense (DoD), Public Health Service (including the Indian Health Service), and the Coast Guard) have access to Federal pricing for pharmaceuticals purchased for their beneficiaries.
GSA is responsible for the schedules program and rules related to its operation. Under GSA’s delegation of authority, the VA procures medical supplies under the VA Federal Supply Schedule program. VA and DoD seek this amendment. This new subpart adds a clause unique to the virtual depot system established by a Federal Agency Retail Pharmacy Program utilizing contracted retail pharmacies as part of a centralized pharmaceutical commodity management program. At this time, only DoD has a program in place, and the rule would facilitate DoD’s access to Federal pricing offered on Federal Supply Schedule (FSS) pharmaceutical contracts for covered drugs purchased by DoD and dispensed to TRICARE beneficiaries through retail pharmacies in the TRICARE network.
DATES: Interested parties should submit comments in writing on or before June 13, 2005 to be considered in the formulation of a final rule.

GSA-GSAR Case 2004-G508, Deviations, Final rule, 70 FR 15779, March 29, 2005.
Summary: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) by issuing a final rule to modify existing policy on obtaining deviations from both the Federal Acquisition Regulation (FAR) and GSAR. This final rule will include revised procedures for obtaining deviations and will clarify the term “class deviation,” and add clarification regarding the term “contract action”.
DATES: Effective Date: March 29, 2005.

SBA-Government Contracting Programs, Final rule, 70 FR 14523, March 23, 2005.
Summary: This final rule amends the interim final regulations governing the Service-Disabled Veteran Owned Small Business Concern (SDVO SBC) Program. In particular, this rule clarifies several regulations, specifically those concerning protest procedures.
DATES: This rule is effective March 23, 2005.

GSA Acquisition Regulation; Waiver of Consequential Damages and “Post Award” Audit Provisions (Correction), 70 FR 13005, March 17, 2005.
Summary: The General Services Administration (GSA) is requesting comments from both Government and industry on whether the General Services Administration Acquisition Regulation (GSAR) should be revised to include a waiver of consequential damages for contracts awarded for commercial item under the FAR. GSA is also requesting comments on whether “post award” audit provisions should be included its Multiple Award Schedules (MAS) contracts and Governmentwide acquisition contracts (GWACs). The notice published in the Federal Register at 70 FR 12167, March 11, 2005, is amended to extend the public comment date to May 10, 2005, and to allow interested parties to submit presentations by April 7, 2005.
DATES: Comment Date: Interested parties should submit comments on or before May 10, 2005 to be considered in the formulation of a proposed rulemaking. Public Meeting Presentation Date: Interested parties may register and submit presentations by April 7, 2005.

GSA Acquisition Regulation; Waiver of Consequential Damages and “Post Award” Audit Provisions GSAR ANPR 2005-N01 70 FR 12167, March 11, 2005.
Summary: The General Services Administration (GSA) is requesting comments from both Government and industry on whether the General Services Administration Acquisition Regulation (GSAR) should be revised to include a waiver of consequential damages for contracts awarded for commercial item under the FAR. GSA is also requesting comments on whether “post award” audit provisions should be included in its Multiple Award Schedules (MAS) contracts and Governmentwide acquisition contracts (GWACs).
DATES: Comment Date: Comments are due on or before March 25, 2005.

DOJ-Government-Wide Debarment and Suspension (Nonprocurement) and Government-Wide Requirements for Drug-Free Workplace Grants, Final rule, 70 FR 12141 , March 11, 2005.
Summary: The Department of Justice is finalizing without change the interim final rule with request for comments published at 68 FR 66534, on November 26, 2003. The interim final rule implemented changes to the government-wide nonprocurement debarment and suspension common rule (NCR) and the associated rule on drug-free workplace requirements. The NCR sets forth the common policies and procedures that Federal Executive branch agencies must use in taking suspension or debarment actions. It also establishes procedures for participants and Federal agencies in entering covered transactions.
DATES: This final rule is effective April 11, 2005.

BIS-Defense Priorities and Allocations System (DPAS): Electronic Transmission of Reasons for Rejecting Rated Orders, Final rule, 70 FR 10864, March 07, 2005.
Summary: This rule revises the Defense Priorities and Allocations System to allow a person rejecting a rated order to give his or her reasons for the rejection through electronic means rather than requiring a person to submit the rationale in writing.
DATES: This rule is effective April 6, 2005.

DEPARTMENT OF DEFENSE-Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, 70 FR 5969, February 04, 2005.
Summary: The Director of Defense Procurement and Acquisition Policy has suspended the use of the price evaluation adjustment for small disadvantaged businesses (SDBs) in DoD procurements, as required by 10 U.S.C. 2323(e)(3), because DoD exceeded its 5 percent goal for contract awards to SDBs in fiscal year 2004. The suspension will be in effect for 1 year and will be reevaluated based on the level of DoD contract awards to SDBs achieved in fiscal year 2005.
DATES: Effective Date: February 24, 2005.
Applicability Date: This suspension applies to all solicitations issued during the period from February 24, 2005, to February 23, 2006.

Small Business Government Contracting Programs; Subcontracting, final rule, delay of efffective date, 70 FR 5538, February 03, 2005.
Summary: The U.S. Small Business Administration (SBA or Agency) delays the effective date of the final rule published in the Federal Register on December 20, 2004, which generally relates to evaluation of prime contractor’s performance and authorized factors in source selection when placing orders against Federal Supply Schedules, government-wide acquisition contracts, and multi-agency contracts, as corrected by the document published in the Federal Register on January 10, 2005, until March 14, 2005.
DATES: The final rule published on December 20, 2004 (69 FR 75820) has been classified as a major rule subject to congressional review. The effective date, which was corrected from December 20, 2004, to February 18, 2005 on January 10, 2005 (70 FR 1655), is further delayed to March 14, 2005 (60 days after the date on which Congress received the rule). However, at the conclusion of congressional review, if the effective date has been changed, SBA will publish a document in the Federal Register to establish the actual effective date or to terminate the rule.

Small Business Size Standards; Selected Size Standards Issues, Advance notice of proposed rulemaking; extension of comment period, 70 FR 2976, January 19, 2005.
Summary: The U.S. Small Business Administration (SBA) is extending the deadline for comments on the Advanced Notice of Proposed Rulemaking (ANPRM), which requested comments on issues related to SBA’s effort to restructure its small business size standards, for 60 days because SBA agrees with the public’s view that an extension is necessary to afford interested parties more time to thoroughly review the issues described in the ANPRM and prepare their comments. The previous deadline of February 1, 2005 is extended to April 3, 2005.
DATES: Comments must be received on or before April 3, 2005.

NASA FAR Supplement, Final Scientific and Technical Reports-SBIR and STTR Contracts, Final Rule, 70 FR 2022, January 12, 2005.
Summary: This rule adopts as final without change the proposed rule published in the Federal Register on August 12, 2004. This final rule amends the NASA FAR Supplement (NFS) by adding an Alternate III to the “Final Scientific and Technical Reports” clause for use in contracts awarded under the Small Business Innovation Research (SBIR) and the Small Business Technology Transfer (STTR) programs. This change is required to recognize the “Rights in Data-SBIR Programs” clause rather than the FAR “Rights in Data-General” clause currently referenced in the NFS “Final Scientific and Technical Reports” clause.
DATES: Effective Date: This rule is effective January 12, 2005.

GSAR Case 2004-G501, Disputes and Appeals, Final rule, 70 FR 298 January 04, 2005.
Summary: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to add a clause that supplements the Disputes clause in the Federal Acquisition Regulation (see 48 CFR Chapter 1).
DATES: Effective Date: January 4, 2005.

GSAR Case 2004-G509, Access to the Federal Procurement Data System, 69 FR 77661, December 28, 2004.
Summary: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) by adding coverage to specify the rate that will be charged to non-governmental entities in exchange for permitting them to establish a direct computer connection with the Federal Procurement Data System database.
DATES: Effective Date: December 28, 2004.
Comment Date: Interested parties should submit comments in writing on or before February 28, 2005, to be considered in the formulation of a final rule.

Department of State Acquisition Regulation, Proposed rule, 69 FR 76660, December 22, 2004.
Summary: This proposed rule makes three changes to the DOSAR. It revises the DOSAR to: Formalize Department policy regarding the application of the Small Business Act to contracts awarded by domestic contracting activities where contract performance takes place overseas; add language to deal with U.S. Government support to contractors performing overseas; and, revise the coverage regarding Defense Base Act insurance.
DATES: The Department will accept comments from the public up to 60 days from December 22, 2004.

GAO-Bid Protest Regulations, Proposed rule, Correction, 69 FR 76979, December 23, 2004

GAO-Bid Protest Regulations, Proposed rule, 69 FR 75878, December 20, 2004.
Summary: The Government Accountability Office (GAO) is proposing to amend its Bid Protest Regulations, promulgated in accordance with the Competition in Contracting Act of 1984 (CICA), 31 U.S.C. 3551-3556, to implement the requirements in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, Pub. L. 108-375, 118 Stat. 1811, enacted on October 28, 2004. The proposed amendments to GAO’s Bid Protest Regulations implement the legislation’s provisions related to the bid protest process, where a public-private competition has been conducted under Office of Management and Budget (OMB) Circular A-76, as revised on May 29, 2003, regarding an activity or function of a Federal agency performed by more than 65 full-time equivalent employees of the Federal agency. In this regard, the legislating grants designated representatives of an in-house competitor the status of an “interested party” to file a protest at GAO or the status of an “intervenor” to participate in a protest filed at GAO. In addition, consistent with the legislation, GAO is proposing to add a provision to its Bid Protest Regulations stating that GAO will not review the decision of an agency tender official to file a protest (or not to file a protest) in connection with a public-private competition. At this time, GAO believes that these proposed revisions are the only regulatory changes necessary to implement the statutory requirements expanding the definitions of an interested party and an intervenor in protests involving publicprivate competitions. GAO welcomes comments on these proposed revisions, as well as suggestions for changes to other areas of GAO’s Bid Protest Regulations or the bid protest process at GAO relating to protests of publicprivate competitions conducted under OMB Circular A-76.
DATES: Comments must be submitted on or before February 18, 2005.

SBA-Small Business Government Contracting Programs; Subcontracting, Final rule, 69 FR 75820, December 20, 2004.
SUMMARY: This final rule amends the U.S. Small Business Administration (SBA) regulations government small business subcontracting to address comments received in response to SBA’s proposed rule on subcontracting, which was published in the Federal Register on October 20, 2003. The final rule also addresses comments in response to SBA’s earlier proposed rule on contract bundling, which was published in the Federal Register on January 31, 2003. Specifically, this final rule provides a list of factors to consider in evaluating a prime contractor’s performance and good-faith efforts to achieve the requirements in its subcontracting plan. The final rule also authorizes the use of goals in subcontracting plans, and/or past performance in meeting such goals, as a factor in source selection when placing orders against Federal Supply Schedules, government-wide acquisition contracts, and multi-agency contracts. In addition, this final rule implements statutory provisions and other administrative procedures relating to subcontracting goals and assistance. In particular, the final rule lists the various categories of small businesses that must be afforded maximum practicable subcontracting opportunities, and clarifies the responsibilities of prime contractors and SBA’s Commercial Market Representatives (CMRs) under the subcontracting assistance program. The final rule also supplies guidance on Subcontracting Orientation and Assistance Reviews (SOARs), which CMRs perform to assist prime contractors in their efforts to understand and comply with the requirements governing the small business subcontracting assistance program.
DATES: This rule is effective on December 20, 2004.

Department of Energy Acquisition Regulations(DEAR), Make-or-Buy Plans, Notice of proposed rulemaking, 69 FR 75017, December 15, 2004.
SUMMARY: The Department of Energy (DOE) is proposing to amend the Department of Energy Acquisition Regulation (DEAR) to revise its requirements for contractor make-or-buy plans. The make-or-buy program, as it is currently structured, is not delivering the value to the Department commensurate with the costs of its implementation. The proposed rule would eliminate the burden of make-orbuy analysis.
DATES: Written comments on the proposed rulemaking must be received on or before close of business January 14, 2005

Small Business Size Standards; Selected Size Standards Issues, Advance notice of proposed rulemaking, 69 FR 70197, December 03, 2004.
SUMMARY: This Advance Notice of Proposed Rulemaking (ANPRM) seeks comments from the public on several issues that were raised during the public comment period of the U.S. Small Business Administration’s (SBA or Agency) recently withdrawn proposal to restructure its small business size standards. The issues discussed in this ANPRM address matters pertaining to SBA’s size standards but were not part of the March 19, 2004, proposed changes. To assist SBA with examining how best to restructure and simplify its size standards, the Agency invites comments on these issues to take into consideration in any future proposal. This ANPRM also seeks comments on an issue concerning the participation of businesses that are majority-owned by venture capital companies in the Small Business Innovation Research (SBIR) Program. Specifically, the SBA is seeking comments on whether it should provide an exclusion from affiliation with venture capital companies in determining small business eligibility for the SBIR Program.
DATES: Comments must be received on or before February 1, 2005.

Small Business Size Regulations; Small Business Innovation Research Program, Final rule., 69 FR 70180, December 03, 2004.
SUMMARY: The U.S. Small Business Administration (SBA or Agency) is revising its small business size regulations regarding ownership and control of Small Business Innovation Research (SBIR) Program awardees. The final rule provides that an SBIR awardee must meet the following requirements: It must be a for-profit business concern that is at least 51% owned and controlled by one or more individuals who are citizens of, or permanent resident aliens in, the United States (as the regulations currently require); or it must be a for-profit business concern that is at least 51% owned and controlled by another for-profit business concern that is at least 51% owned and controlled by one or more individuals who are citizens of, or permanent resident aliens in, the United States. This rule does not change the size standard requiring that an SBIR awardee, together with its affiliates, have no more than 500 employees. Because SBA received a large number of comments concerning ownership of SBIR Program participants by Venture Capital Companies, SBA will issue an Advanced Notice of Proposed Rulemaking seeking additional information this issue.
DATES: This rule is effective January 3, 2005.

NASA-Government Property and Miscellaneous Editorial Changes, Final rule, 69 FR 63458, November 02, 2004.
SUMMARY: This final rule amends the NASA FAR Supplement (NFS) to resolve a conflict in a Government Property clause and change all references to NASA Procedures and Guidelines (NPGs) documents to NASA Procedural Requirements (NPRs) documents. The changes are being made to insure that the applicable property clause gives consistent direction and that correct references are made to NASA requirements documents.
EFFECTIVE DATE: November 2, 2004.

Central Intelligence Agency-Debarment and Suspension Procedures, Final rule, 69 FR 63064, October 20, 2004.
SUMMARY: In accordance with its statutory procurement authorities, the Central Intelligence Agency (CIA) has established a policy whereby the rights of CIA contractors in all matters involving debarment and suspension will be governed by the debarment and suspension provisions of the Federal Acquisition Regulation.
DATES: Effective October 29, 2004.

NASA-Reissue of NASA FAR Supplement Subchapters H and I, Final rule, 69 FR 60967, October 14, 2004.
SUMMARY: This rule adopts as final without change, the proposed rule published in the Federal Register on May 21, 2004. This final rule amends the NASA FAR Supplement (NFS) by removing from the Code of Federal Regulations (CFR) those portions of the NFS containing information that consists of internal Agency administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. This change is consistent with the guidance and policy in FAR Part 1 regarding what comprises the Federal Acquisition Regulations System and requires publication for public comment. The NFS document will continue to contain both information requiring codification in the CFR and internal Agency guidance in a single document that is available on the Internet. This change will reduce the administrative burden and time associated with maintaining the NFS by only publishing in the Federal Register for codification in the CFR material that is subject to public comment.
DATES: Effective October 14, 2004.

OPM-Federal Employees’ Group Life Insurance; Federal Acquisition Regulation, Proposed regulation, 69 FR October 04, 2004.
SUMMARY: The Office of Personnel Management (OPM) is issuing proposed regulations to amend the Federal Employees’ Group Life Insurance (FEGLI) Acquisition Regulation. The proposed regulations incorporate changes in administrative policy and practices and make clarifying language changes.
DATES: OPM must receive comments on or before December 3, 2004.

NASA Research Announcements- Small Business Subcontracting Plans and Publication Acknowledgement and Disclaimers. Proposed rule, 69 FR 57664, September 27, 2004.
SUMMARY: This proposed rule amends the NASA FAR Supplement to require for NASA Research Announcements: Submission of a small business subcontracting plan with any proposal having subcontracting possibilities that may result in the award of a contract whose value exceeds $500,000; and acknowledgement of NASA sponsorship and disclaimer of agency endorsement of results.
DATES: Comments must be received by November 26, 2004.

GSAR 2004-003, Acquisition of Leasehold Interests in Real Property; Historic Preference, Final rule, 60 FR 55937 , September 16, 2004.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) by revising the provision on Historic Preference.
DATES: Effective Date: September 16, 2004.

GSAR 2004-02, Defense Priorities and Allocations System, Final rule, 60 FR 55933 , September 16, 2004.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to implement the Defense Priorities and Allocations System (DPAS) within the GSA Federal Supply Service (FSS).
DATES: Effective Date: September 16, 2004

DOD-Contract Financing: Performance Based Payments, Request for comments, 69 FR 54651, September 9, 2004.
SUMMARY: The Director of Defense Procurement and Acquisition Policy (DPAP) is currently conducting an internal assessment regarding the use of performance-based payments as a method of financing for DoD contracts. As part of this assessment, DPAP would like to hear the views of interested parties on what they believe are potential areas for improving DoD’s use of performance-based payments.
DATES: Submit written comments to the address shown below on or before October 25, 2004.

NASA, Removal of MidRang Procurement Procedures, Final rule, 69 FR 53652, September 2, 2004.
SUMMARY: This final rule revises the NASA FAR Supplement (NFS) by removing Part 1871, MidRange Procurement Procedures. The FAR provides contracting officers with broad discretion and flexibility in the source selection process in order to achieve a best value outcome. A separate NASA MidRange process is no longer necessary.
EFFECTIVE DATE: September 2, 2004.

POSTAL SERVICE-Issue 3 of the Purchasing Manual; Incorporation by Reference, Final rule, 69 FR 51364, August 19, 2004.
SUMMARY: The Postal Service announces the publication of Issue 3 of the Postal Service Purchasing Manual. Issue 3 supersedes previous editions of the Purchasing Manual, and is incorporated by reference in the Code of Federal Regulations.
EFFECTIVE DATE: This final rule is effective on August 19, 2004. The incorporation by reference of the Purchasing Manual, Issue 3 is approved by the Director of the Federal Register as of August 19, 2004.

NASA-Representations and Certifications–Other Than Commercial Items, Final rule, 69 FR 44610, July 27, 2004.
SUMMARY: This rule adopts as final with change the interim rule published in the Federal Register on March 22, 2004 (69 FR 13260). The interim rule revised the NASA Federal Acquisition Regulation (FAR) Supplement (NFS) by amending the Offeror Representations and Certifications-Other Than Commercial Items provision used in solicitations for non-commercial simplified acquisitions to conform with changes made to the FAR by Federal Acquisition Circulars (FAC) 2001-14 and 2001-19. This final rule adopts the interim rule with a change to conform to changes made to the FAR by FAC 2001-23.
DATES: Effective Date: July 27, 2004.

NASA-Re-Issuance of NASA FAR Supplement Subchapter G, Final rule, 69 FR 44609, July 27, 2004.
SUMMARY: This rule adopts as final without change, the proposed rule published in the Federal Register on April 22, 2004. This final rule amends the NASA FAR Supplement (NFS) by removing from the Code of Federal Regulations (CFR) those portions of the NFS containing information that consists of internal Agency administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. This change is consistent with the guidance and policy in FAR Part 1 regarding what comprises the Federal Acquisition Regulations System and requires publication for public comment. The NFS document will continue to contain both information requiring codification in the CFR and internal Agency guidance in a single document that is available on the Internet. This change will reduce the administrative burden and time associated with maintaining the NFS by only publishing in the Federal Register for codification in the CFR material that is subject to public comment.
DATES: Effective Date: July 27, 2004.

GSAR 2004-G501, Disputes and Appeals, Proposed rule, 69 FR 40729, July 6, 2004.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to add a clause that supplements the Disputes clause in the Federal Acquisition Regulation (see 48 CFR Chapter 1).
DATES: Interested parties should submit comments in writing on or before September 7, 2004, to be considered in the formulation of a final rule.

Postal Service-Establishment of the Purchasing Manual To Replace the Procurement Manual; Incorporation by Reference, Final rule, 69 FR 36 018, June 28, 2004.
SUMMARY: The Postal Service has issued completely revised purchasing regulations, replacing the former U.S. Postal Service Procurement Manual with a new Postal Service Purchasing Manual. The Purchasing Manual focuses on using the purchasing process to further the business and competitive interests of the Postal Service. As such, the new Purchasing Manual reflects a fundamental change to Postal Service purchasing policies and procedures.
EFFECTIVE DATE: This final rule is effective on June 28, 2004. The incorporation by reference of the Purchasing Manual is approved by the Director of the Federal Register as of June 28, 2004.

Re-Issuance of NASA FAR Supplement Subchapter F, 69 FR 35271, June 24, 2004.
SUMMARY: This rule adopts as final without change, the proposed rule published in the Federal Register on March 31, 2004. This final rule amends the NASA FAR Supplement (NFS) by removing from the Code of Federal Regulations (CFR) those portions of the NFS containing information that consists of internal Agency administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. This change is consistent with the guidance and policy in FAR Part 1 regarding what comprises the Federal Acquisition Regulations System and requires publication for public comment. The NFS document will continue to contain both information requiring codification in the CFR and internal Agency guidance in a single document that is available on the Internet. This change will reduce the administrative burden and time associated with maintaining the NFS by only publishing in the Federal Register for codification in the CFR material that is subject to public comment.
DATES: Effective Date: June 24, 2004.

Re-Issuance of NASA FAR Supplement Subchapter E, 69 FR 35270, June 24, 2004.
SUMMARY: This rule adopts as final without change, the proposed rule published in the Federal Register on March 12, 2004. This final rule amends the NASA FAR Supplement (NFS) by removing from the Code of Federal Regulations (CFR) those portions of the NFS containing information that consists of internal Agency administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. This change is consistent with the guidance and policy in FAR Part 1 regarding what comprises the Federal Acquisition Regulations System and requires publication for public comment. The NFS document will continue to contain both information requiring codification in the CFR and internal Agency guidance in a single document that is available on the Internet. This change will reduce the administrative burden and time associated with maintaining the NFS by only publishing in the Federal Register for codification in the CFR material that is subject to public comment.
DATES: Effective Date: June 24, 2004.

GSA, GSAR 2004-G502, Debarment, Suspension, and Ineligibility, Proposed rule, 69 FR 34247, June 18, 2004.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to add an additional procedure to the decision-making process for the debarment and suspension of parties.
DATES: Interested parties should submit comments in writing on or before August 17, 2004 to be considered in the formulation of a final rule.

Small Business Size Regulations; Government Contracting Programs; HUBZone Program, Final rule, 69 FR 29411, May 24, 2004.
SUMMARY: This final rule amends the regulations governing the Historically Underutilized Business Zone (HUBZone) Program. In particular, this rule addresses statutory amendments made by the Small Business Reauthorization Act of 2000, clarifies several regulations, and makes some technical changes, including changes to Web site addresses. In addition, this rule amends those size and government contracting regulations that address subcontracting limitations.
DATES: This rule is effective June 23, 2004.

Small Business Size Regulations; Rules of Procedure Governing Cases Before the Office of Hearings and Appeals, Final rule, 69 FR 29192, May 21, 2004.
SUMMARY: This final rule amends the U.S. Small Business Administration’s (SBA’s) small business size regulations and the regulations applying to appeals of size determinations. In particular, this rule amends the definitions of affiliation and employees. It also makes procedural and technical changes to cover programs such as the SBA’s HUBZone Program and the governmentwide Small Disadvantaged Business Program. Further, the rule codifies several long-standing precedents of the SBA’s Office of Hearings and Appeals and clarifies the jurisdiction of that office.
DATES: Effective Date: The rule is effective on June 21, 2004.
Applicability Date: These amendments apply to all solicitations issued on or after the effective date, as well as all applications for financial or other assistance pending as of or submitted to the SBA on or after the effective date.

Re-Issuance of NASA FAR Supplement Subchapters H and I, Proposed rule, 69 FR 29256, May 21, 2004.
SUMMARY: This proposed rule would amend the NASA FAR Supplement (NFS) by removing from the Code of Federal Regulations (CFR) those portions of the NFS containing information that consists of internal Agency administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. This change is consistent with the guidance and policy regarding what comprises the Federal Acquisition Regulations System and requires publication for public comment. The NFS document will continue to contain both information requiring codification in the CFR and internal Agency guidance in a single document that is available on the Internet. This change will reduce the administrative burden and time associated with maintaining the NFS by only publishing in the Federal Register for codification in the CFR material that is subject to public comment.
DATES: Comments should be submitted on or before July 20, 2004, to be considered in formulation of the final rule.

GSAR Case 2002-G505, Federal Supply Schedule Contract–Acquisition of Information Technology by State and Local Governments Through Federal Supply Schedules, Final rule, 69 FR 28063, May 18, 2004.
SUMMARY: The General Services Administration (GSA) has issued a final rule amending the General Services Administration Acquisition Regulation (GSAR) to implement section 211 of the E-Government Act of 2002. Section 211 authorizes the Administrator of GSA to provide for the use by States or local governments of its Federal Supply Schedules for automated data processing equipment (including firmware), software, supplies, support equipment, and services.
DATES: Effective Date: May 18, 2004.
Applicability Date: This amendment applies to solicitations and existing contracts for Schedule 70, Information Technology (IT), and Consolidated Products and Services Schedule contracts, containing Information Technology (IT) Special Item Numbers (SINs), as defined in GSAM 538.7001, Definitions, Schedule 70. Further, this amendment applies to contracts awarded after the effective date of this rule for Schedule 70 and Consolidated Products and Services Schedule contracts, containing IT SINs. Existing Schedule 70 contracts and Consolidated Products and Services Schedule contracts, containing IT SINs, shall be modified by mutual agreement of both parties.

SBA-Small Business Size Regulations; Government Contracting Programs, Interim final rule, 69 FR 25261, May 05, 2004.
SUMMARY: This interim final rule implements that section of the recently enacted Veterans Benefits Act of 2003 (VBA), which addresses procurement programs for small business concerns (SBCs) owned and controlled by service disabled veterans. According to the interim final rule, a contracting officer may restrict competition for a requirement to service-disabled veteran owned (SDVO) SBCs. The interim final rule defines the term service-disabled veterans, explains when competition may be restricted to SDVO SBCs, and establishes procedures for protesting the status of an SDVO SBC.
DATES: This rule is effective May 5, 2004. Comments must be received on or before July 6, 2004.

NASA, Re-Issuance of NASA FAR Supplement. Subchapter G, Proposed rule, 69 FR 21804, April 22, 2004.
SUMMARY: This proposed rule would amend the NASA FAR Supplement (NFS) by removing from the Code of Federal Regulations (CFR) those portions of the NFS containing information that consists of internal Agency administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. This change is consistent with the guidance and policy in FAR Part 1 regarding what comprises the Federal Acquisition Regulations System and requires publication for public comment. The NFS document will continue to contain both information requiring codification in the CFR and internal Agency guidance in a single document that is available on the Internet. This change will reduce the administrative burden and time associated with maintaining the NFS by only publishing in the Federal Register for codification in the CFR material that is subject to public comment.
DATES: Comments should be submitted on or before June 21, 2004, to be considered in formulation of the final rule.

NASA-Re-Issuance of the NASA FAR Supplement Subchapters A and B, Parts Parts 1813 Through 1817, and Subchapter D, Final rule, 69 FR 21761, April 22, 2003.
SUMMARY: This rule adopts as final without change, the proposed rules published in the Federal Register on November 17, 2003 (68 FR 64847), December 22, 2003 (68 FR 71055), and December 22, 2003 (68 FR 71056).
Dates: Effective Date: April 22, 2004.

NASA Grant and Cooperative Agreement Handbook-Certifications, Disclosures, and Assurances, Final rule, 69 FR 21703, April 22, 2004.
SUMMARY: This final rule amends the NASA Grant and Cooperative Agreement Handbook (Handbook) to require that announcements of funding opportunities advise potential applicants for grants and cooperative agreements that they will be required to submit required certifications, disclosures, and assurances with their proposals; and clarify the methods for ensuring compliance with certifications, disclosures, and assurances. This change is made to inform applicants of the requirement to demonstrate compliance prior to proposal preparation instead of prior to award, thereby giving potential applicants advance notice of these requirements.
EFFECTIVE DATE: April 22, 2004.

Department of State Acquisition Regulation, Final rule, 69 FR 19329, April 13, 2004.
SUMMARY: This rule makes final a proposed rule published for comment on November 13, 2003 amending the Department of State Acquisition Regulation (DOSAR). No public comments were received. The proposed rule is therefore adopted as final. This final rule also contains three miscellaneous amendments not published on November 13, 2003, as outlined below.
EFFECTIVE DATE: This rule is effective April 13, 2004.

NASA Grant and Cooperative Agreement Handbook-Grant Cooperative Agreement Announcement Numbering, Final rule, 69 FR , March 31, 2004.
SUMMARY: This final rule amends the NASA Grant and Cooperative Agreement Handbook by adding a format and numbering scheme to identify announcements for NASA’’s grants and cooperative agreements. The NASA FAR Supplement (NFS) was recently changed to incorporate a revised solicitation numbering scheme. This change was implemented to make solicitation numbers consistent with the data fields of NASA’s IFM system. Although assistance agreements are not subject to the NFS, NASA has always used the same numbering schemes for assistance agreements and contracts, as a matter of simplicity and efficiency. The Grant and Cooperative Agreement Handbook will be amended to include a cross-reference to the NFS.
EFFECTIVE DATE: March 31, 2004.

NASA-Re-issuance of NASA FAR Supplement Subchapter F, Proposed rule, 69 FR 16886, March 31, 2004.
SUMMARY: This proposed rule would amend the NASA FAR Supplement (NFS) by removing from the Code of Federal Regulations (CFR) those portions of the NFS containing information that consists of internal Agency administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. This change is consistent with the guidance and policy in FAR Part 1 regarding what comprises the Federal Acquisition Regulations System and requires publication for public comment. The NFS document will continue to contain both information requiring codification in the CFR and internal Agency guidance in a single document that is available on the Internet. This change will reduce the administrative burden and time associated with maintaining the NFS by only publishing in the Federal Register for codification in the CFR material that is subject to public comment.
DATES: Comments should be submitted on or before June 1, 2004, to be considered in formulation of the final rule.

NASA-Government Property, Form 1018, Final rule, 69 FR 16832, March 31, 2004.
SUMMARY: This rule adopts as final, without change, the interim rule published in the Federal Register (68 FR 62023-62026) on October 31, 2003, which amended the NASA Federal Acquisition Regulation Supplement (NFS) to provide a definition of obsolete property, to address contractor validation of 1018 data, to clarify reporting of software to which NASA has title, to clarify other property classifications, and to revise the date for submission of annual property reports. NASA uses the data contained in contractor reports for annual financial statements and property management. This change will provide for consistent reporting of NASA property by contractors.
EFFECTIVE DATES: March 31, 2004.

DOD-Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects, Final rule, 69 FR 16481, March 30, 2004. PDF version.
SUMMARY: This final rule implements section 822 of the National Defense Authorization act for Fiscal Year 2002, Public Law 107-107, 115 Stat. 1182. Section 822 provides for award of a follow-on production contract to traditional Defense contractors, without further competition, when the other transaction (OT) agreement for the prototype project provided for at least one-third non-Federal cost-share, consistent with law, and the OT agreement for the prototype project satisfies certain additional conditions of law.
DATES: The final rule is effective March 30, 2004. This final rule will become effective for solicitations issued on March 30, 2004, or those issued 30 days after March 30, 2004. This final rule may be used for new prototype awards that result from solicitations issued prior to March 30, 2004.

OFCCP-Obligation to Solicit Race and Gender Data for Agency Enforcement Purposes; Proposed Rule, 69 FR 16445, March 29, 2004. PDF version.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) has promulgated regulations requiring covered federal contractors to maintain certain employment records for OFCCP compliance monitoring and other enforcement purposes. These regulations were amended on November 13, 2000, to require employers to be able to identify, where possible, the gender, race and ethnicity of each applicant for employment. OFCCP promulgated this regulatory requirement to govern OFCCP compliance monitoring and enforcement purposes (e.g., to allow OFCCP to verify EEO data), consistent with the Uniform Guidelines on Employee Selection Procedures.
    The Uniform Guidelines on Employee Selection Procedures were issued in 1978 by the Equal Employment Opportunity Commission, the Department of Labor, the Department of Justice, and the predecessor to the Office of Personnel Management (“UGESP agencies”). The Uniform Guidelines on Employee Selection Procedures require employers to keep certain kinds of information and detail methods for validating tests and selection procedures that are found to have a disparate impact.
    In 2000, the Office of Management and Budget instructed the Equal Employment Opportunity Commission to consult with the Department of Labor, the Department of Justice, and the Office of Personnel Management and “evaluate the need for changes to the Questions and Answers accompanying the Uniform Guidelines necessitated by the growth of the Internet as a job search mechanism.”
    The UGESP agencies recently have promulgated interpretive guidelines in question and answer format to clarify how the Uniform Guidelines on Employee Selection Procedures apply in the context of the Internet and related technologies. The recent interpretive guidelines expressly contemplate that “[e]ach agency may provide further information, as appropriate, through the issuance of additional guidance or regulations that will allow each agency to carry out its specific enforcement responsibilities.” The rule proposed today would amend OFCCP recordkeeping requirements for OFCCP compliance monitoring and other enforcement purposes to conform to the new interpretive guidance promulgated by the UGESP agencies.
DATES: Submit written comments on or before May 28, 2004.

DOL-Obligations of Federal Contractors and Subcontractors; Notice of Employee Rights Concerning Payment of Union Dues or Fees; Final Rule, 69 FR 16375, March 29, 2004. PDF version.
SUMMARY: The Office of Labor-Management Standards (“OLMS”) is publishing this final rule to implement Executive Order 13201, which was signed by President George W. Bush on February 17, 2001. The final rule contains minor changes made as a result of comments received regarding the notice of proposed rule-making (“proposed rule” or “NPRM”) published on October 1, 2001. See 66 FR 50010.
    Executive Order 13201 (“the Executive Order,” “the Order,” or “EO 13201”) requires non-exempt government contractors and subcontractors to post notices informing their employees that under Federal law, those employees have certain rights related to union membership and use of union dues and fees. The Order also provides the text of contractual provisions that Federal Government contracting departments and agencies must include in every government contract, except for collective bargaining agreements and contracts for purchases under the Simplified Acquisition Threshold. These provisions include the language of the required notices, and explain the sanctions, penalties, and remedies that may be imposed if the contractor or subcontractor fails to comply with its obligations under the Order. Covered government contractors and subcontractors must include these same provisions in their nonexempt subcontracts and purchase orders, so that the provisions will be binding upon each subcontractor or vendor.
    The final rule provides the text of the required contractual provisions, explains exemptions, and sets forth procedures for ensuring compliance with the Order; it also contains other related requirements.
EFFECTIVE DATE: April 28, 2004.

Postal Service- Purchasing and Property and Services, Proposed rule, 69 FR 13786, March 24, 2004. PDF version.
SUMMARY: The Postal Service proposes to amend its regulations in order to implement the acquisition portions of its Transformation Plan (April 2000) and the similar recommendations of the President's Commission on the United States Postal Service (July 2003) as they relate to the acquisition of property and services in accordance with 39 U.S.C. 101, 401, 403, 404, and 410.
DATES: Written comments must be received on or before April 23, 2004.

NASA-Representations and Certifications--Other Than Commercial Items, Interim Rule, 69 FR 13260, March 22, 2004. PDF Version.
SUMMARY: This interim rule revises the NASA Federal Acquisition Regulation (FAR) Supplement (NFS) by amending the Offeror Representations and Certifications--Other Than Commercial Items provision used in solicitations for non-commercial simplified acquisitions. This change is required to conform with changes made to the FAR by Federal Acquisition Circulars (FAC) 2001-14 and 2001-19.
DATES: Effective Date: This interim rule is effective March 22, 2004.
Comment Date: Interested parties should submit comments to NASA at the address below on or before May 21, 2004, to be considered in formulation of the final rule.

SBA-Small Business Size Standards; Restructuring of Size Standards, Proposed rule, 69 FR 13129, March 19, 2004. PDF version.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to modify its small business size standards by establishing size standards in terms of the number of employees of a business concern for most industries and SBA programs. This change will reduce the number of different size standard levels and at the same time simplify size standards and their application to Federal Government programs. Under this proposal, size standards will range between 50 employees and 1,500 employees, depending on the industry or SBA program.
For a limited number of industries, SBA proposes to establish a maximum average annual receipts amount (referred to as a receipts cap) along with the employee-based size standard. Concerns in those industries that meet the employee-based size standard also cannot exceed a specific receipts cap to qualify as an eligible small business.
To further simplify size standards, SBA also proposes the following: (1) modify the size standard for the Surety Bond Guarantee (SBG) Program by replacing the $6 million size standard with the requirement that the contractor meet the size standard for its primary industry; (2) extend the 125,000 barrels per calendar day component of the size standard for petroleum refiners beyond Federal Government procurement to all Federal small business programs using SBA's size standards; (3) eliminate the special size standard based on market share for tire manufacturers that applies to only Federal Government procurement; (4) modify three receipts-based size standards and one employee-based size standard for the sale or lease of Government property; and (5) revise the nonmanufacturer size standard applicable to Federal procurements from 500 employees to 100 employees, the size standard that applies to wholesale trade businesses for all other SBA programs.
DATES: Comments must be received on or before May 18, 2004.

NASA-Re-Issuance of NASA FAR Supplement Subchapter E, Proposed rule, 69 FR 11828, March 12, 2004. PDF Version
SUMMARY: This proposed rule would amend the NASA FAR Supplement (NFS) by removing from the Code of Federal Regulations (CFR) those portions of the NFS containing information that consists of internal Agency administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. This change is consistent with the guidance and policy in FAR Part 1 regarding what comprises the Federal Acquisition Regulations System and requires publication for public comment. The NFS document will continue to contain both information requiring codification in the CFR and internal Agency guidance in a single document that is available on the Internet. This change will reduce the administrative burden and time associated with maintaining the NFS by only publishing in the Federal Register for codification in the CFR material that is subject to public comment.
DATES: Comments should be submitted on or before May 11, 2004 to be considered in formulation of the final rule.

NASA FAR Supplement, Performance Period Limitations , Final rule, 69 FR 9963, March 03, 2004. PDF version.
SUMMARY: This final rule amends the NASA FAR Supplement (NFS) by clarifying that the five-year limitation on contracts applies to all procurement award instruments including agreements, orders under a Federal Supply Schedule, or other indefinite delivery/indefinite quantity contracts awarded by other agencies. The current NFS language has been interpreted to exclude certain types of award instruments, such as basic ordering agreements or blanket purchase agreements, from the five-year limitation. This change will ensure consistent application of the five-year performance period limitation and the waiver process for all award instruments.
EFFECTIVE DATE: March 3, 2004.

DOD-Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses, 69FR 7911, February 20, 2004.
SUMMARY: The Director of Defense Procurement and Acquisition Policy has suspended the use of the price evaluation adjustment for small disadvantaged businesses (SDBs) in DoD procurements, as required by 10 U.S.C. 2323(e)(3), because DoD exceeded its 5 percent goal for contract awards to SDBs in fiscal year 2003. The suspension will be in effect for 1 year and will be reevaluated based on the level of DoD contract awards to SDBs achieved in fiscal year 2004.
Dates: Effected Date: February 24, 2004.
Applicability Date: This suspension applies to all solicitations issued during the period from February 24, 2004, to February 23, 2005.

DOEAR-Conditional Payment of Fee, Profit, and Other Incentives, Interim final rule, 68 FR 68771, December 10, 2003. PDF version.
SUMMARY: The Department of Energy publishes interim final amendments to its Acquisition Regulation setting forth policies for reductions of fee or other amounts payable to DOE prime contractors because of contractor performance failures related to safeguarding of classified information and to adequate protection of environment, health and safety, including the health and safety of workers, at contractor operated sites.
DATES: This rule is effective January 9, 2004. Written comments on specified portions of this interim final rule

GSPMR Case 2003-105-1, Collection of Claims Owed the United States, Final rule, 68 FR 68740, December 10, 2003. PDF version..
SUMMARY: The General Services Administration (GSA) is amending and reissuing its regulations concerning the procedures used to collect debts owed to GSA by incorporating applicable provisions as required by the Debt Collection Improvement Act of 1996 (DCIA) and the Federal Claims Collection Standards.
DATES: Effective date: December 10, 2003.

NASA FAR Supplement-Contractor Access to Confidential Information, Proposed rule, 68 FR 67995, December 05, 2003. PDF version.
SUMMARY: This rule proposes to amend the NASA Federal Acquisition Regulation (FAR) Supplement (NFS) to provide guidance on how NASA will acquire services to support management activities and administrative functions, when performing those services requires the contractor to have access to confidential information submitted by other contractors. NASA's increased use of contractors to support management activities and administrative functions, coupled with implementing Agency-wide electronic information systems, requires establishing consistent procedures for protecting confidential information from unauthorized use or disclosure.
DATES: Comments should be submitted on or before February 3, 2004 to be considered in the formulation of a final rule.

Department of Homeland Security Acquisition Regulation, Interim rule, 68 FR 67867, December 04, 2003. PDF version.
SUMMARY: The Department of Homeland Security (DHS) is issuing an interim rule to establish the Department of Homeland Security Acquisition Regulation (HSAR). The HSAR is intended as regulatory guidance. The HSAR reflects recent changes to the Federal Acquisition Regulation (FAR) and it establishes and encourages participation in the DHS Mentor-Proege Program.
DATES: This rule is effective on December 4, 2003. Comments must reach the Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy on or before January 5, 2004, to be considered in the formation of the final rule. Comments on collection of information sent to the Office of Management and Budget (OMB) must reach OMB on or before January 5, 2004.

Governmentwide Debarment and Suspension (Nonprocurement), and Requirements for Drug-Free Workplace (Grants); Rules (Final and Interim Final), 68 FR 66533, November 26, 2003. PDF version.
SUMMARY: These rules implement changes to the governmentwide nonprocurement debarment and suspension common rule (NCR) and the associated rule on drug-free workplace requirements. The final and interim final rules reflect changes made to the proposed rules in response to the comments received during the comment period. The NCR sets forth the common policies and procedures that Federal Executive branch agencies must use in taking suspension or debarment actions. It also establishes procedures for participants and Federal agencies in entering covered transactions. While these procedures are mandatory for all agencies of the Executive branch under Executive Order 12549, any Federal agency with procurement or nonprocurement responsibilities may elect to join the governmentwide system by adopting these procedures through the rulemaking process. Certain small Executive branch agencies that are exempt from having to issue separate regulations with the approval of the Office of Management and Budget, may initiate suspension and debarment actions in their inherent authority. Following the procedures set forth in the NCR will help ensure that the agencies' actions comply with due process standards and provide the public with uniform procedures. As an alternative, smaller Executive branch agencies may refer matters of contractor and participant responsibility to another Executive branch agency for action. For a detailed explanation of the changes to these rules, see the comments section under Supplementary Information below.
DATES: The effective date for this rule is November 26, 2003. The comment date for those agencies issuing this rule as an interim rule (i.e., the Department of Agriculture, the Export-Import Bank, the Department of Justice, and the Department of Treasury) is January 26, 2004.

Department of State Acquisition Regulation (DOSAR), Proposed rule, 68 FR 64297, November 13, 2003. PDF Version.
SUMMARY: This proposed rule makes various changes to the DOSAR. It updates the DOSAR to reflect the current acquisition organizational structure; provides information regarding electronic commerce initiatives as they relate to acquisition; outlines the Department's participation in the Defense Priorities Allocation System; incorporates a Small Business Administration (SBA) waiver regarding 8(a) competitive actions; establishes the Department's Mentor-Protégé Program; eliminates the requirement to collect data on minority business status; adds guidance and related clauses and provisions regarding overseas construction projects subject to the Foreign Service Buildings Act, as amended, and the Omnibus Diplomatic Security and Antiterrorism Act; adds guidance and a related provision regarding the acquisition of local guard services overseas; and, provides information regarding the Contractor Performance System. Finally, the proposed rule contains miscellaneous technical amendments and corrections needed to bring the DOSAR in line with recent changes in the Federal Acquisition Regulation.
DATES: Public comments must be received by January 12, 2004.

NASA-Research and Development Abstracts, Proposed rule, 68 FR 62048, October 31, 2003. PDF version.
SUMMARY: This is a proposed rule to amend the NASA FAR Supplement (NFS) to include a requirement for the electronic submission of abstracts of the planned research to be conducted under contracts containing research and development (R&D) effort valued at over $25,000. This requirement is being established to support NASA's implementation of section 207(g) of the E-Government Act of 2002 that mandates the development and maintenance of a repository that integrates information on research and development funded by the Federal Government. This proposed rule would help improve access to information on NASA funded research and development activities, thus providing public and private research managers improved capability for R&D program planning.
DATES: Comments should be submitted on or before December 30, 2003.

NASA-Government Property--Instructions for Preparing NASA Form 1018 , 68 FR 62023, October 31, 2003. PDF version.
SUMMARY: This interim rule amends the NASA Federal Acquisition Regulation Supplement (NFS) to provide a definition of obsolete property, to address contractor validation of 1018 data, to clarify reporting of software to which NASA has title, to clarify other property classifications, and to revise the date for submission of annual property reports. NASA uses the data contained in contractor reports for annual financial statements and property management. This change will provide for consistent reporting of NASA property by contractors.
DATES: Effective Date: This interim rule is effective October 31, 2003.
Comment Date: Comments should be submitted to NASA on or before December 30, 2003.

NASA-Conformance With Federal Acquisition Circulars 2001-15 and 2001- 14, Final Rule, 68 FR 62022, October 31, 2003. PDF version.
SUMMARY: This final rule revises the NASA FAR Supplement (NFS) to conform to changes made to the Federal Acquisition Regulation (FAR) by Federal Acquisition Circular (FAC) 2001-15 by providing guidance to contracting officers for use of clause alternates to implement environmental management system (EMS) requirements on NASA facilities and removing the requirement for submission of SF 129, Solicitation Mailing List Application. Additional changes are made to conform to the revised definition of “United States” contained in FAC 2001-14 and to update the designated NASA ombudsman.
EFFECTIVE DATE: October 31, 2003.

SBA,Small Business Government Contracting Programs, Bundling, Final Rule, 68 FR 60006, October 20, 2003. PDF version.
SUMMARY: This final rule amends the U.S. Small Business Administration (SBA) regulations governing small business prime contracting assistance. Specifically, this final rule: revises the definition of contract bundling to expressly include multiple award contract vehicles and task and delivery orders under such contracting vehicles; mandates that procuring activities coordinate with the Small Business Specialist (SBS) on proposed acquisition strategies or plans contemplating awards above specified dollar thresholds, and that the SBS notify the agency's Office of Small and Disadvantaged Business Utilization (OSDBU) when those strategies include contract bundling that is unnecessary or unjustified; revises the threshold and documentation required for substantial bundling; and requires the agency's OSDBU to perform certain oversight functions. These amendments are intended to implement a number of the recommendations included in the October 2002 Office of Management and Budget (OMB) report entitled “Contract Bundling: A Strategy for Increasing Federal Contracting Opportunities for Small Business.” DATES: This rule is effective November 19, 2003.

SBA, Small Business Government Contracting Programs, Proposed Rule, 68 FR 60015, October 20, 2003. PDF version.
SUMMARY: This proposed rule amends the U.S. Small Business Administration (SBA) regulations governing small business subcontracting to address several comments received in response to SBA's proposed rule on contract bundling. Specifically, this proposed rule provides a list of factors to consider in evaluating prime contractor's performance and good-faith efforts to achieve the requirements in its subcontracting plan. The proposed rule also authorizes the use of goals in subcontracting plans, and/or past performance in meeting such goals, as a factor in source selection when placing orders against Federal Supply Schedules, government-wide acquisition contracts, and multi-agency contracts. In addition, this proposed rule implements statutory provisions and other administrative procedures relating to subcontracting goals and assistance. In particular, the proposed rule lists the various categories of small businesses that must be afforded maximum practicable subcontracting opportunities, and clarifies the responsibilities of prime contractors and SBA's Commercial Market Representatives (CMRs) under the subcontracting assistance program. The proposed rule also supplies guidance on Subcontracting Orientation and Assistance Reviews (SOAR), which CMRs perform to assist prime contractors to understand and comply with the requirements governing the small business subcontracting assistance program.
DATES: Comments must be received on or before December 19, 2003.

Regulations Implementing the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act); Interim Rule, 68 FR 59683, October 16, 2003. PDF version.
SUMMARY: This interim rule implements Subtitle G of Title VIII of the Homeland Security Act of 2002--the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (“the SAFETY Act” or “the Act”), which provides critical incentives for the development and deployment of anti-terrorism technologies by providing liability protections for Sellers of “qualified anti-terrorism technologies.” This rule provides the application process by which a seller will apply for liability protections for anti-terrorism technologies. Its purpose is to facilitate and promote the development and deployment of anti- terrorism technologies that will save lives.
DATES: This interim rule is effective October 16, 2003. Comments and related material must reach the Docket Management Facility on or before December 15, 2003. Comments sent to the Office of Management and Budget (OMB) on collection of information must reach OMB on or before December 15, 2003.

GSAR Case 2003-G502,, Defense Priorities and Allocations System, Proposed Rule, 68 FR 59509, October 15, 2003.
SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Administration Acquisition Regulation (GSAR) to implement the Defense Priorities and Allocations System (DPAS) within the GSA Federal Supply Service (FSS).
DATES: Interested parties should submit comments to the Regulatory Secretariat at the address shown below on or before November 14, 2003, to be considered in the formulation of a final rule.

NASA-Interagency Acquisition Approvals, Final Rule, 68 FR 57629, October 06, 2003..
SUMMARY: This final rule amends the NASA Federal Acquisition Regulation Supplement (NFS) by establishing a five-year limitation on interagency acquisitions. Individual orders or successive non-competitive orders for the same requirement with the same servicing agency that will exceed five years require approval of a deviation. This final rule also requires determinations and findings (D&Fs) for interagency acquisitions to identify the period of performance and whether the acquisition is for a non-competitive follow-on for the same requirement with the same servicing agency. These changes result from NASA's agreement with OMB on an action plan regarding the President's Management Agenda Competitive Sourcing element. These changes will establish greater consistency in the approval requirements for contracts, grants, cooperative agreements, and interagency acquisitions with anticipated periods of performance exceeding five years.
EFFECTIVE DATE: October 6, 2003.

OFCCP-Affirmative Action and Nondiscrimination Obligations of Government Contractors, Executive Order 11246, as Amended; Exemption for Religious Entities; Final Rule, 68 FR 56391, September 30, 2003.PDF Version.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is amending the regulations implementing Executive Order 11246, as amended, to incorporate the exemption for religious entities prescribed by Executive Order 13279. Executive Order 11246, as amended, prohibits Government contractors and subcontractors, and federally assisted construction contractors and subcontractors from discriminating in employment, and requires these contractors to take affirmative action to ensure that employees and applicants are treated without regard to race, color, religion, sex, or national origin. Section 4 of Executive Order 13279 amends Section 204 of Executive Order 11246, as amended, to exempt religious corporations, associations, educational institutions and societies from certain nondiscrimination requirements.
EFFECTIVE DATES: These regulations are effective October 30, 2003.

NASA-Format and Numbering of Award Documents-Final Rule, 68 FR 53525, September 11, 2003. PDF Version.
SUMMARY: This final rule revises the NASA FAR Supplement (NFS) to change the scheme used for numbering procurement award instruments. This change is required to comply with the General Services Administration (GSA) requirement that each agency establish unique document numbers on award instruments.
EFFECTIVE DATE: October 1, 2003.

OMB:Cost Accounting Standards Board; Accounting for the Costs of Post-Retirement Benefit Plans Sponsored by Government Contractors, Notice of withdrawal of Advance Notice of Proposed Rulemaking. 68 FR 53312, September 10, 2003. PDF Version.
SUMMARY:The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, is providing public notification of the decision to discontinue the development of a Cost Accounting Standard (CAS) addressing the recognition of costs of post-retirement benefit plans under government cost-based contracts and subcontracts.

Department of Energy-Acquisition Regulation: Motor Vehicle Fleet Fuel Efficiency 68 FR 52129, September02, 2003. PDF Version.
SUMMARY: The Department of Energy (DOE) is amending its acquisition regulation to implement Executive Order 13149, dated April 21, 2000, entitled Greening the Government Through Federal Fleet and Transportation Efficiency. Specifically, the Department is addressing the requirements relating to Procurement of Environmentally Preferable Motor Vehicle Products and Government-Owned Contractor Operated Vehicles, as they relate to the Department's acquisition program, including its management contracts with motor vehicle fleet responsibilities.
EFFECTIVE DATE: October 2, 2003.

General Services Administration Acquisition Regulation; Identification of Products That Have Environmental Attributes, 68 FR 52127, September 02, 2003. PDF Version.
SUMMARY: The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) by revising the clause concerning identification of energy-efficient office equipment and supplies containing recovered materials or other environmental attributes for consistency with the Federal Acquisition Regulation (FAR) and issuance of Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition, and Executive Order 13123, Greening the Government Through Efficient Energy Management.
DATES: Effective Date: September 2, 2003.

Federal Management Regulation; Sale of Personal Property, Final Rule, 68 FR 51419, August 26, 2003. PDF Version.
SUMMARY: The General Services Administration (GSA) is amending the Federal Property Management Regulations (FPMR) by revising coverage on the sale of personal property and moving it into the Federal Management Regulation (FMR). A cross-reference is added to the FPMR to direct readers to the coverage in the FMR. The FMR coverage is written in plain language to provide agencies with updated regulatory material that is easy to read and understand.
DATES: Effective Date: August 26, 2003.

Cost Accounting Standards Board; Accounting for the Costs of Employee Stock Ownership Plans (ESOPs) Sponsored by Government Contractors, Advance notice of proposed rulemaking, OFPP, 68 FR 50111, August 20, 2003. PDF version.
SUMMARY: The Cost Accounting Standards Board (CASB), Office of Federal Procurement Policy, invites public comments on proposed amendments to the Cost Accounting Standards (CAS), “Cost accounting standard for composition and measurement of pension cost”, and “Accounting for the cost of deferred compensation”. These proposed amendments address issues concerning the recognition of the costs of Employee Stock Ownership Plans (ESOPs) under Government cost-based contracts and subcontracts. These proposed amendments provide criteria for measuring the costs of ESOPs and their assignment to cost accounting periods. The allocation of a contractor's assigned ESOP costs to contracts and subcontracts is addressed in other Standards. The proposed amendments also clarify that accounting for the costs of ESOPs will be covered by the provisions of “Accounting for the cost of deferred compensation” and not by any other Standard.
DATES: Comments must be in writing and must be received by November 18, 2003.

Revision to the Department of Labor Acquisition Regulations, Notice of proposed rulemaking, 68 FR 48995, August 15, 2003. PDF Version.
SUMMARY: This document sets forth a revised Department of Labor Acquisition Regulation (DOLAR). The Department of Labor Acquisition Regulation implements and supplements the Federal Acquisition Regulation (FAR). The DOLAR was last revised in 1986, and is significantly out-of-date. The regulation has been substantially revised to: Update references to obsolete policies, procedures, and organizations; incorporate electronic links to reference such as revised provisions of the FAR, U.S. Code, and the Code of Federal Regulations; incorporate Office of Federal Procurement Policy Letters, and Executive Orders; and establish revised procedures that follow current established best practices. The DOLAR provides a definition for “Agency Head”, which is inconsistent with the internal Department of Labor Manual Series (DLMS) Chapters 2-800 and 2-900 that establishes DOL procurement operating procedures and policies. Future changes to the DLMS will comport with this definition.
DATES: Interested parties should submit comments on the proposed rule at the address, shown below, on or before October 14, 2003 to be considered in the formulation of the final rule.

DoD Grant and Agreement Regulations; Final Rule, 68 FR 47149, August 07, 2003. PDF Version(2.5M).
SUMMARY: The Department of Defense (DoD) is adding a new part to the DoD Grant and Agreement Regulations (DoDGARs) to incorporate policies and procedures for the award and administration of technology investment agreements (TIAs). TIAs are a relatively new class of assistance instruments. DoD Components use TIAs to support or stimulate defense research projects involving for-profit firms, especially commercial firms that do business primarily in the commercial marketplace. The new part therefore gives DoD agreements officers greater flexibility to negotiate award provisions in areas that can present barriers to those commercial firms (e.g., intellectual property, audits, and cost principles). The DoD also is revising several additional parts of the DoDGARs to conform them with the new part.
DATES: These final rules are effective on September 8, 2003.

Regulations Implementing the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act) , Department of Homeland Security, Notice of Proposed Rulemaking 68 FR 41419, July 11, 2003. PDF Version.
SUMMARY: This proposed rule would implement Subtitle G of Title VIII of the Homeland Security Act of 2002--the Support of Anti-terrorism by Fostering Effective Technologies Act of 2002 (“the SAFETY Act” or “the Act”). As discussed in detail below, the SAFETY Act, through regulations promulgated by the Department of Homeland Security (“the Department”), will provide critical incentives for the development and deployment of anti-terrorism technologies by providing liability protections for Sellers of “qualified anti-terrorism technologies” and others.
DATES: Comments and related material must reach the Docket Management Facility on or before August 11, 2003.

DOD Other Transactions—Follow-On Production Contracts—Proposed Rule, 68 FR 27497, May 20, 2003. PDF Version.
SUMMARY: This document proposes to implement section 822 of the National Defense Authorization Act for Fiscal Year 2002, Public Law 107-107, 115 Stat. 1182. Section 822 provides for award of a follow-on production contract to traditional Defense contractors, without further competition, when the other transaction (OT) agreement for the prototype project provided for at least one-third non-Federal cost- share, consistent with law, and the OT agreement for the prototype project satisfies certain additional conditions of law.
DATES: Comments on the proposed rule must be received in writing to the address specified below by July 21, 2003, to be considered in the formation of the final rule.

DOD Other Transactions-Audit Policy-Final Rule, 68 FR 27252, May 20, 2003. PDF Version.
SUMMARY:This final rule establishes the Department's audit policy for prototype projects that use “other transaction” authority. Representatives of the military departments, Defense agencies and other DoD activities, have agreed on a final rule that amends the proposed rule as a result of comments received.
EFFECTIVE DATES: This final rule will become effective on June 19, 2003. This final rule will become effective for new solicitations issued on June 19, 2003, and for any issued thereafter. This final rule may be used for new prototype awards that result from solicitations issued prior to June 19, 2003

General Services Administration Acquisition Regulation; Federal Supply Schedule Contracts--Acquisition of Information Technology by State and Local Governments Through Federal Supply Schedules, Interim Rule 68 FR 24372, May 07, 2003. PDF Version The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to implement section 211 of the E-Government Act of 2002. Section 211 authorizes the Administrator of GSA to provide for the use by States or local governments of its Federal Supply Schedules for automated data processing equipment (including firmware), software, supplies, support equipment, and services.
DATES: Effective Date: May 7, 2003.
Applicability Date: This amendment applies to solicitations and existing contracts for Schedule 70, Information Technology (IT), and the Corporate Schedule, containing Information Technology (IT) Special Item Numbers SINs, as defined in GSAM 538.7001, Definitions, Schedule 70. Further, this amendment applies to contracts awarded after the effective date of this rule for Schedule 70 and Corporate Schedule contracts containing IT SINs. Existing Schedule 70 contracts and Corporate Schedule contracts containing IT SINs, shall be modified by mutual agreement of both parties.
Comment Date: Interested parties should submit comments to the Regulatory Secretariat at the address shown below on or before July 7, 2003 to be considered in the formulation of a final rule.

Size for Purposes of the Multiple Award Schedule and Other Multiple Award Contracts; Small Business Size Regulations; 8(a) Business Development/Small Disadvantaged Business Status Determinations, Proposed Rule, 68 FR 20350, April 25, 2003. PDF Version.
SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend its regulations to address the time at which size is determined for purposes of the General Services Administration's (GSA) Multiple Award Schedule (MAS) Program, including the Federal Supply Schedule (FSS), and other multiple award contracts, including Governmentwide Acquisition Contracts and multi-agency contracts. SBA also proposes to amend its 8(a) Business Development regulations to address when a business concern may receive orders as an 8(a) program participant under GSA's MAS Program, including the FSS, and other multiple award contracts.
DATES: Comments must be received on or before June 24, 2003.

FLSA, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, Proposed Rule, 68 FR 15559, March 31, 2003. PDF Version (best for tabular information)
SUMMARY: The Department of Labor proposes to update and revise the regulations issued under the Fair Labor Standards Act (FLSA) implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales and computer employees. These exemptions are often referred to as the FLSA's “ white collar” exemptions. To be considered exempt, employees must meet certain minimum tests related to their primary job duties and be paid on a salary basis at not less than specified minimum amounts. The basic “ duties” tests were originally established in 1938 and revised in 1940. The duties tests were last modified in 1949 and have remained essentially unchanged since that time. The “ salary basis” test has remained essentially unchanged since 1954. The salary levels required for exemption were last updated in 1975, and the amounts adopted at that time were intended as an interim adjustment. Suggested changes to the part 541 regulations have been the subject of public commentary for years, including a review of the regulations by the U.S. General Accounting Office (GAO) in 1999. GAO recommended that the Secretary of Labor comprehensively review and make necessary changes to the part 541 regulations to better meet the needs of both employers and employees in the modern work place, and to anticipate future work place trends. During 2002, the Department of Labor convened a series of stakeholder meetings, and heard suggestions for changes from over 40 interest groups representing employees and employers. The Department of Labor has carefully examined issues of concern raised by various interested parties in developing this proposed rule. The Department now invites public comment on all aspects of the proposed rule.
DATES: Submit written comments on or before June 30, 2003.

Circular No. A-76 (Revised), Transmittal Memorandum No. 25, 68 FR 12388, March 14,2003.
SUMMARY: This Transmittal Memorandum updates the annual federal pay raise assumptions and inflation factors used for computing the government's in-house personnel and non-pay costs, as generally provided in the President's Budget for Fiscal Year 2004.

Small Business Government Contracting Programs; Federal Acquisition Regulation; Contract Bundling; Proposed Rules, 68 FR 5133, January 31,2003. PDF Version
SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend its regulations governing small business prime contracting assistance, to implement the recommendations of the Office of Management and Budget (OMB) in its report entitled “Contract Bundling, A Strategy for Increasing Federal Contracting Opportunities for Small Businesses.” The proposed changes would: revise the definition of bundling to expressly include multiple award contract vehicles and task and delivery orders under such contracting vehicles; require procuring activities to coordinate with the Small Business Specialist (SBS) proposed acquisition strategies or plans contemplating award of a contract or order above specified dollar thresholds and require the SBS to notify the agency Office of Small and Disadvantaged Business Utilization (OSDBU) when those strategies include contract bundling that is unnecessary, unjustified, or not identified as such by the procuring activity; reduce the threshold and revise the documentation required for “substantial bundling;” require contracting officers to provide bundling justification documentation to the agency OSDBU when “substantial bundling” is involved; and require agency OSDBUs to perform certain oversight functions.
DATES: Comments must be received on or before April 1, 2003.

VA Acquisition Regulation: Simplified Acquisition Procedures for Health-Care Resources, Final Rule 68 FR 3465, January 24, 2003. PDF Version
SUMMARY: This document amends the Department of Veterans Affairs Acquisition Regulation (VAAR) to establish simplified procedures for the competitive acquisition of health-care resources, consisting of commercial services or the use of medical equipment or space pursuant to statute. The Veterans' Health Care Eligibility Reform Act of 1996 authorized VA to prescribe simplified procedures for the procurement of health-care resources. This rule prescribes those procedures.
EFFECTIVE DATE: February 24, 2003.

Proclamation 7641 of January 17, 2003, To Modify Rules of Origin Under the North American Free Trade Agreement, 68 FR 3163, January 23, 2003.

General Accounting Office, Bid Protest Regulations, Final Rule., 67 FR 79833, December 31, 2002.[PDF Version]
SUMMARY: The General Accounting Office (GAO) is amending its Bid Protest Regulations after receiving and considering comments on the proposed rule published on October 1, 2002. The final rule, promulgated in accordance with the Competition in Contracting Act of 1984, conforms the current regulations to current practice, and otherwise improves the overall efficiency and effectiveness of the bid protest process at GAO. GAO has not revised Part 21 since 1996, and the amendment will clarify several aspects of the bid protest process that have evolved since that time.
EFFECTIVE DATE: January 1, 2003.

Prompt Payment, Office of Management and Budget, Final Rule 67 FR 79515, December 30, 2002. PDF Version
SUMMARY: The Office of Management and Budget (OMB) is issuing a final revision to its rules on the Prompt Payment Act (PPA) to implement section 1010 of the National Defense Authorization Act for Fiscal Year 2001, as amended by section 1007 of the National Defense Authorization Act for Fiscal Year 2002. Section 1010 requires agencies to pay an interest penalty whenever they make an interim payment under a cost- reimbursement contract for services more than 30 days after the agency receives a proper invoice for payment from the contractor. Section 1007 states that the requirements of section 1010 apply to interim payments that are due on or after December 15, 2000 under any cost-reimbursement service contract regardless of when the contract was awarded.
DATES: Effective Date: This final rule is effective December 30, 2002. Applicable Dates: This final rule shall apply to all interim payment requests that are due on or after December 15, 2000 and received under cost-reimbursement service contracts awarded before, on, or after December 15, 2000. However, no interest penalty shall accrue under this rule for any delay in payment that occurred prior to December 15, 2000.

Proposed revision to Office of Management and Budget Circular No. A-76, "Performance of Commercial Activities.", 67 FR 69769, November 19, 2002. (pdf version)

Proposed revised Circular A-76, November 14, 2002SUMMARY: The Office of Management and Budget (OMB) proposes major revisions to Circular No. A-76 to improve the management of commercial activities that are needed to conduct the business of government. The revisions would expand the use of public-private competitions to all activities performed in-house and through commercial inter-service support agreements (ISSAs). The revisions would also incorporate principles of the Federal Acquisition Regulation (FAR) into the competitive sourcing process, including the ability to conduct an expanded best value cost-technical trade-off source selection process. In addition, the revisions would provide guidance for the development of inventories identifying the commercial and inherently governmental activities agencies perform, and prescribe limitations regarding the reimbursable services federal agencies may provide to state and local governments.
To accomplish these changes, OMB is proposing to revise and incorporate the following documents into the revised Circular A-76: the "Revised Supplemental Handbook to OMB Circular A-76" (March 1999); OMB Circular A-76 Transmittal Memoranda Nos. 1-24; Office of Federal Procurement Policy (OFPP) Policy Letter 92-1, "Inherently Governmental Functions"; and OMB Circular A-97, "Provision of Specialized or Technical Services to State and Local Units of Government by Federal Agencies Under Title III of the Intergovernmental Cooperation Act of 1968." The Revised Supplemental Handbook to Circular A-76 (hereafter "Supplemental Handbook"), OFPP Policy Letter 92-1 and OMB Circular A- 97 would be rescinded.
DATES: Interested parties should submit comments to OFPP, Office of Management and Budget, at the address shown below on or before December 19, 2002.

Patent and Trademark Office Acquisition Guidelines (PTAG), 67 FR 65092, October 23, 2002.
SUMMARY: The United States Patent and Trademark Office (USPTO) is publishing a notice of the proposed guidelines which it will apply to its acquisitions.
DATES: Written comments should be submitted on or before November 22, 2002. PDF Version

General Accounting Office, Administrative Practice and Procedure, Bid Protest Regulations, Government Contracts, Proposed Rule, 67 FR 61542, October 1, 2002. PDF Version
SUMMARY: The General Accounting Office (GAO) is proposing to revise its Bid Protest Regulations, promulgated in accordance with the Competition in Contracting Act of 1984, to conform the current regulation to current practice, and otherwise to improve the overall efficiency and effectiveness of the bid protest process at GAO. GAO has not revised Part 21 since 1996, and the proposed changes will clarify several aspects of the bid protest process that have evolved since that time.
DATES: Comments must be submitted on or before November 12, 2002.

Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects 67 FR 54955, August 27, 2002. Final Rule.
SUMMARY: This final rule codifies the conditions for appropriate use and defines a nontraditional Defense contractor consistent with section 803 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001. Representatives of the military departments, Defense agencies and other DoD activities, have agreed on a final rule that amends the interim rule as a result of comments received. Audit policy is still being discussed and will be addressed by a separate rule, as appropriate.

DFARS Case 2001-D017, Defense Federal Acquisition Regulation Supplement; Competition Requirements for Purchase of Services Under Multiple Award Contracts, 67 FR 15351, April 01, 2002.
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 803 of the National Defense Authorization Act for Fiscal Year 2002. Section 803 requires DoD to issue DFARS policy requiring competition in the purchase of services under multiple award contracts. In addition to the request for written comments on this proposed rule, DoD will hold one or more public meetings to hear the views of interested parties.
DATES: Submission of comments: Written comments on the proposed rule should be submitted to the address shown below on or before May 6, 2002, to be considered in the formation of the final rule.
Public meeting: The first public meeting will be held at the address shown below on April 29, 2002, from 12 p.m. to 3 p.m., local time.

Circular No. A-76, Transmittal Memorandum No. 23 66 FR 14943, March 14, 2001.
SUMMARY: This Transmittal Memorandum updates the annual Federal pay

CDA Treasury Interest Rates

Prompt Payment Interest Rate; Contract Disputes Act, 75 Fed. Reg. 37881, June 30, 2010.
SUMMARY: For the period beginning July 1, 2010, and ending on December 31, 2010, the prompt payment interest rate is 3¹/₈ per centum per annum.

Prompt Payment Interest Rate; Contract Disputes Act, 74 Fed. Reg. 69379, December 31, 2009.
SUMMARY: For the period beginning January 1, 2010, and ending on June 30, 2010, the prompt payment interest rate is 3¹/₄ per centum per annum.

Prompt Payment Interest Rate; Contract Disputes Act, 74 Fed. Reg. 31794, July 02, 2009.
Summary: For the period beginning July 1, 2009, and ending on December 31, 2009, the prompt payment interest rate is 4 7/8 per centum per annum.

Prompt Payment Interest Rate; Contract Disputes Act, 73 Fed. Reg. 79977, December 30, 2008.
Summary: For the period beginning January 1, 2009, and ending on June 30, 2009, the prompt payment interest rate is 5 5/8 per centum per annum.

Prompt Payment Interest Rate; Contract Disputes Act, 73 Fed. Reg. 37529, July 01, 2008.
SUMMARY: For the period beginning July 1, 2008, and ending on December 30, 2008, the prompt payment interest rate and the contract disputes interest rate is 5 1/8 per centum per annum.

Prompt Payment Interest Rate; Contract Disputes Act, 72 Fed. Reg. 74408, December 31, 2007.
SUMMARY: For the period beginning January 1, 2008, and ending on June 30, 2008, the prompt payment interest rate and the contract disputes interest rate is 4 3/4 per centum per annum.

Prompt Payment Interest Rate; Contract Disputes Act, 72 Fed. Reg. 35742, June 29, 2007.
SUMMARY: For the period beginning July 1, 2007, and ending on December 31, 2007, the prompt payment interest rate and the contract disputes interest rate is 5 3/4 per centum per annum.

Renegotiation Board Interest Rate; Prompt Payment Interest Rate; Contract Disputes Act, 71 FR 78513, December 29,2006.
SUMMARY: For the period beginning January 1, 2007, and ending on June 1, 2007, the prompt payment interest rate is 5 1/4 per centum per annum.

Renegotiation Board Interest Rate; Prompt Payment Interest Rate; Contract Disputes Act, 71 FR 37638, June 30,2006. SUMMARY For the period beginning July 01, 2006, and ending on December 31, 2006, the prompt payment interest rate is 5 3/4 per centum per annum

Renegotiation Board Interest Rate; Prompt Payment Interest Rate; Contract Disputes Act, 70 FR 76497, December 27, 2005. SUMMARY For the period beginning January 1, 2006, and ending on June 30, 2006, the prompt payment interest rate is 5 1/8 per centum per annum.

Renegotiation Board Interest Rate; Prompt Payment Interest Rate; Contract Disputes Act, 70 FR 38253, July 01, 2005. SUMMARY For the period beginning July 1, 2005 and ending on December 31, 2005, the prompt payment interest rate is 4.500 per centum per annum.

Renegotiation Board Interest Rate; Prompt Payment Interest Rate; Contract Disputes Act, 69 FR 78522, December 30, 2004. SUMMARY For the period beginning January 1, 2005 and ending on June 30, 2005, the prompt payment interest rate is 4.250 per centum per annum.