Open FAR Cases 7:58:07AM

Transcription

1 Open FAR Cases as of :58:07AM

2 Open FAR Cases as of Addressing Policy on 8(a) Joint Ventures Clarify that 8(a) joint ventures are not "certified" into the 8 (a) program and that 8(a) joint venture agreements need not be "approved" by the SBA until contract award rather than at the time of proposal submission. 05/27/2015 DARC Director tasked Small Business Team to draft proposed FAR rule. Report due 6/24/ (EO) Sustainable Acquisition Partially implements E.O , Planning for Federal Sustainability in the Next Decade, which supersedes E.O.s and Addresses differences between the requirements of the prior E.O.s and E.O , particularly with regard to continuing implementation of formal environmental management systems. 05/06/2015 DARC Director tasked Acquisition and Planning Methods Team to draft interim FAR rule. Report due 6/24/ (EO) Identification of Environmentally Preferable Products Performance-Based Payments Flowdown Partially implements E.O , Planning for Federal Sustainability in the Next Decade, which superseded E.O.s and Removes the use of current proprietary terminology for identifying environmentally preferable electronic products, i.e., Electronic Product Environmental Assessment Tool (EPEAT ), and (b) replaces the language with vendor neutral and nonproprietary references. To amend the FAR Performance-Based Payments clause to provide for a flow down to subcontractors to be consistent with FAR (f). 05/06/2015 DARC Director tasked Ad Hoc Team to draft proposed FAR rule. Report due 6/24/ /29/2015 DARC Director tasked the FAR Acquisition Finance Team to draft proposed FAR rule. Report due 06/03/ Past Performance Evaluation Requirements Update FAR to identify "regulatory compliance" as a separate evaluation factor in the Contractor Past Performance Assessment System (CPARS) and require agencies use past performance information in the Past Performance Information Retrieval System (PPIRS) that is within three years for construction and architect-engineer contracts. 05/27/2015 DARC received Implementation Team draft proposed FAR rule from DAR staff. Discuss on 6/17/2015. Page 2 of 12

3 Open FAR Cases as of , 8 Contractor Use of Mandatory Sources of Supply in Service Contracts Clarifies within service contracts that contractors are required to purchase the mandatory source products from approved sources. 04/02/2015 DARC Director tasked FAR Acquisition Planning and Methods team to draft proposed FAR rule. Report due 5/13/2015. Report due date extended to 6/17/ , 28.1, 28.2, , Revision to SFs 24, 25, 25A, 34 and 35 to revise the "Type of Organization" section of SFs 24, 25, 25A, 34 and 35 to add an additional option of "limited liability company." 04/02/2015 DARC Director tasked DARS staff to proposed FAR rule. Report due 4/29/2015. Report due date is extended to 6/3/ , 4, (EO) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation Federal Supply Schedule Order Level Materials Creates an annual representation within the System for Award Management (SAM) for contractors to indicate if and where they publicly disclose GHG emissions and GHG reduction goals or targets. This information will help the Government assess supplier GHG management practices and assist agencies in developing strategies to engage with contractors to reduce supply chain emissions as directed in section 15 of Executive Order 13693, Planning for Federal Sustainability in the Next Decade, dated March 19, Considers clarification of the authority to acquire orderlevel materials when placing a task order or establishing a blanket purchase agreement against a Federal Supply Schedule contract. 05/28/2015 DAR staff agreed to draft proposed FAR rule. Awaiting CAAC 03/11/2015 DARC Director tasked Ad Hoc Team to draft proposed FAR rule. Report due 4/8/2015. Report due date extended to 6/10/ , 19, 2, 4, 52 Unique Identification of Entities Receiving Federal Awards Determination of Fair and Reasonable Prices on Orders under Multiple Award Contracts Establishes consistent standard for unique entity identification without requiring use of a proprietary standard or number. Clarifies the responsibilities for ordering activity contracting officers to determine fair and reasonable prices when using Federal Supply Schedules. 05/27/2015 DARC agreed to draft proposed FAR rule. DAR staff processing. 03/04/2015 FAR staff preparing to send to CAAC Legal for review. Page 3 of 12

4 Open FAR Cases as of , 18.2, (S) Simplified Acquisition , , Threshold for Contracts in Support of Humanitarian or Peacekeeping Operation Implements 41 U.S.C. 153 by increasing the simplified acquisition threshold for contracts to be awarded and performed, or purchases to be made, outside the United States in support of a humanitarian or peacekeeping operation. 05/13/2015 Draft proposed FAR rule from FAR analyst to CAAC Legal. CAAC Legal reviewing , 2 (S) Definition of Multiple-Award Contract Implements section 1311 of the Small Business Jobs and Credit Act of 2010 (P.L ) and SBA implementing regulations. Section 1311 provided a a new definition of the term "multiple-award contract" in the Small Business Act at 15 U.S.C /20/2015 Proposed FAR rule to FARSEC for preparation of FR notice (S) Improvement in Design-Build Construction Process Implements section 814 of the FY 2015 NDAA, which amends 10 U.S.C. 2305a, by requiring action by the HCA, delegable to a level no lower than the senior contracting official, if more than five offerors are selected to submit phase-two proposals. 05/14/2015 DARC received FAR Acquisition Strategy Team draft final FAR rule from DAR staff. Will discuss on 6/3/ , Combating Trafficking in Persons--Definition of "Recruitment Fees" Considers a new definition for the term "recruitment fees" at the request of the Senior Policy Operating Group (SPOG) for Combating Trafficking in Persons. 05/28/2015 DAR staff agreed to draft proposed FAR rule. Awaiting CAAC , (S) Prohibition on Reimbursement for Congressional Investigations and Inquiries Implements section 857 of the NDAA for FY15, which amends 10 U.S.C.2324(e)(1). Section 857 disallows costs incurred by a contractor in connection with a congressional investigation or inquiry into an issue that is the subject matter of a proceeding resulting in a disposition as described in subsection 10 U.S.C. 2324(k) (2). 02/11/2015 DARC Director tasked the FAR Acquisition Finance Team to draft proposed FAR rule. Report due 03/18/2015. Report due date extended to 6/17/ (S) Strategic Sourcing Documentation Implements section 836 of the FY15 NDAA. Section 836 requires that when purchasing services and supplies that are offered under the Federal Strategic Sourcing Initiative but the Initiative in not used, the contract file shall include an analysis of comparative value, including price and nonprice factors, between the services and supplies offered under such Initiative and services and supplies offered under the source or sources used for the purchase. 05/20/2015 DARC agreed to draft final FAR rule. DAR staff processing. Page 4 of 12

5 Open FAR Cases as of , 3.7, , (S) Prohibition on Providing Funds to the Enemy Implements sections , subtitle E (Never Contract with the Enemy), title VIII, of the National Defense Authorization Act for FY 2015 (Pub. L ), enacted 12/19/2014. Section 841 prohibits providing funds to the enemy. Section 842 provides additional access to records. Section 843 provides definitions. 04/15/2015 DAR staff agreed to draft proposed FAR rule. Awaiting CAAC , 52 (EO) Further Amendments to Equal Employment Opportunity Implements Executive Order 13672, dated July 21, 2014, and Department of Labor (DOL) implementing regulations at 41 CFR 60, published December 9, The Executive Order and the DOL regulations provide for a uniform policy in Federal Government procurement by prohibiting discrimination based on sexual orientation and gender identity. 04/10/2015 Published interim FAR rule in Federal Register (80 FR 19504) (FAC ). Effective upon publication. Public comment period ends 06/09/ , , (S) Contractor Employee Internal , , Confidentiality Agreements Implements sections 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L ). 04/15/2015 DAR staff agreed to draft interim FAR rule. Awaiting CAAC , , , , , , , (S) Prohibition on Contracting with Corporations with Delinquent Taxes or a Felony Conviction Implements section 744 and 745 of Division E, Title VIII, and section 523 of Division B, Title V, of the Consolidated and Further Continuing Appropriations Act, Sections 744 and 745 prohibit using any of the funds appropriated by the Act or any other Act to enter a contract with any corporation with any delinquent Federal tax liability or a felony conviction. Section 523 requires agencies receiving funds under Division B of the Act, when awarding a contract that exceeds $5 million, to provide a certification regarding certain tax matters. 05/14/2015 Draft interim FAR rule from FAR analyst to OFPP. OFPP reviewing (S) Permanent Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items Implements section 815 of the National Defense Authorization Act for FY Section 815 makes permanent the authority to issue solicitations under subpart 13.5, Test Program for Certain Commercial Items. 04/22/2015 Final rule to FARSEC for preparation of FAC. Page 5 of 12

6 Open FAR Cases as of Retention Periods Updates the file retention periods identified at FAR subpart 4.805, Government Contract Files, to conform with the retention periods in the National Archives and Records Administration (NARA) General Records Schedule 1.1, Financial Management and Reporting Records, published on September 12, /20/2015 OFPP identified draft proposed FAR rule issues. OFPP, FAR and DAR staff resolving issues Update to Product and Service Codes Updates the descriptions of the product and service codes contained within FAR subpart to conform to the current FPDS Product and Service Codes Manual. 05/04/2015 Final rule to FARSEC for preparation of FAC Safety Data Sheets Updates FAR subpart 23.3 to conform to new OSHA terminology , , , (S) Prohibition on Contracting with Inverted Domestic Corporations-- Representation and Notification Requires additional actions by offerors/contractors to assist contracting officers in ensuring compliance with Governmentwide statutory prohibition on use of funds (appropriated or otherwise made available) for a contract with an inverted domestic corporation or a subsidiary of an inverted domestic corporation. 11/13/2014 DARC Director tasked FAR Acquisition Planning and Methods Team to draft proposed FAR rule. Report due 3/4/2014. Report due date extended to 7/15/ /28/2015 CAAC Chair sent draft final FAR rule to OIRA. OIRA reviewing , , , , System for Award Management Registration Updates instructions for System for Award Management (SAM) registration requirements to correct an inconsistency with offeror representation and certification requirements. 01/14/2015 DAR staff agreed to draft proposed FAR rule. Awaiting CAAC Page 6 of 12

7 Open FAR Cases as of , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Provisions and Clauses for Acquisitions of Commercial Items and Acquisitions That Do Not Exceed the Simplified Acquisition Threshold Implements a new approach to the prescription and flowdown for provisions and clauses applicable to the acquisition of commercial items or acquisitions that do not exceed the simplified acquisition threshold. Each clause prescription and each clause flowdown for commercial items is specified within the prescription/clause itself, without having to cross-check another clause or list. The rule supports the use of automated contract writing systems and reduced necessary FAR maintenance when clauses are updated. 04/15/2015 DAR staff notified FAR staff of DARC differences from Team report. DAR and FAR staff resolving draft proposed FAR rule open issues. Page 7 of 12

8 Open FAR Cases as of , 52 (EO) Establishing a Minimum Wage for Contractors , , 4.403, , , , , Requirements for DD Form 254, Contract Security Classification Specification Implements E.O , Establishing a Minimum Wage for Contractors, dated February 12, 2014, and Department of Labor regulations (29 CFR part 10), published October 7, The E.O. seeks to increase efficiency and cost savings in the work performed by parties who contract with the Federal Government by increasing to $10.10 the hourly minimum wage paid those contractors. Updates FAR to require the use of Wide Area Workflow for the submission of the DD Form 254, Contract Security Classification Specification. Also clarifies that a unique CAGE code is required for each location of performance listed on a DD Form 254 and that SAM registration is only required for the business location listed on the contract. 05/18/2015 OFPP concurrence with draft final FAR rule. FAR staff preparing to send to OIRA. 04/29/2015 DARC Director tasked Acquisition Implementation Team to draft revised proposed FAR rule. Report due 5/27/2015. Report due date extended to 6/10/ List of Domestically Nonavailable Articles , , 2.101, , 23.8, , , , (EO) High Global Warming Potential Hydrofluorocarbons Implements the requirement at FAR (b), to publish the list of domestically nonavailable articles in the Federal Register for public comment no less frequently than once every five years. Facilitates implementation of the President's Climate Action Plan and Executive Order with regard to high global warming potential hydrofluorocarbons, as requested by the Council on Environmental Quality. 05/26/2015 Public comment period closed. FAR and DAR staff processing. 05/11/2015 Published proposed FAR rule in Federal Register (80 FR 26883). Public comment period ends 07/10/ , 2, 22, 4, 52, 9 (EO) Fair Pay and Safe Workplaces Implements E.O , Fair Pay and Safe Workplaces, dated July 31, The E.O. seeks to increase efficiency and cost savings in the work performed by Federal contractors by ensuring that they understand and comply with labor laws designed to promote safe, healthy, fair, and effective workplaces. 05/27/2015 Proposed FAR rule to FARSEC for preparation of FR notice , 2.101, , , , , , , , , , , OMB Uniform Administrative Requirements Incorporates references into the FAR as required by OMB's guidance entitled Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, that supersedes and streamlines requirements from OMB Circulars A-21, A-87, A-110, and A-122 (which have been placed in OMB guidance); Circulars A-89, A-102, and A /08/2015 Draft proposed FAR rule from FAR analyst to OFPP. OFPP reviewing. Page 8 of 12

9 Open FAR Cases as of , 10, 12, 13, 15, 16, 17, 19, 2, 22, 25, 28, 3, 32, 4, 42, 50, 52, 53, 6, 7, 8, 9 (s) Inflation Adjustment of Acquisition-Related Thresholds Adjusts statutory acquisition-related thresholds for inflation to implement 41 U.S.C. 1908; and other acquisition-related thresholds as a matter of policy, planned to be effective October 1, /01/2015 Final rule to FARSEC for preparation of FAC , 12, 13, 4, 52 Contractor Use of Information Addresses contractor use of information obtained through performance of a Government contract. 05/20/2015 DARC agreed to draft proposed FAR rule. DAR staff processing Clarification on Justification for Urgent Noncompetitive Awards Exceeding One Year Clarifies that determinations of exceptional circumstances are needed when a noncompetitive contract awarded on the basis of unusual and compelling urgency exceeds 1 year, either at time of award or due to post-award modifications. Responds to GAO report number GAO , Federal Contracting: Noncompetitive Contracts Based on Urgency Need Additional Oversight, dated March /01/2015 Final rule to FARSEC for preparation of FAC , Contractors Performing Private Security Functions Outside the United States Expands the applicability for DoD use of the clause , Contractors Performing Private Security Functions Outside the United States 05/27/2015 Published proposed FAR rule in Federal Register (80 FR 30202). Public comment period ends 07/27/ , , , (S) Prohibition on Contracting with Inverted Domestic Corporations Implements section 733 of Division E of the Consolidated Appropriations Act, 2014 (Pub. L ), which prohibits expenditure of appropriated funds for contracts with a foreign incorporated entity that is treated as an inverted domestic corporation or any subsidiary of such entity. 05/28/2019 CAAC Chair sent draft final FAR rule to OIRA. OIRA reviewing , , 15.3, 16.5, 19.2, 2.101, , 7.1 (S) Consolidation and Bundling of Contract Requirements Implements sections 1312 and 1313 of the Small Business Jobs Act of 2010, section 1671 of the NDAA for FY 2015 (Pub. L ), and SBA's final rule (68 FR 61113), which provide Governmentwide policy on consolidation and bundling of contract requirements. 05/05/2015 Proposed FAR rule to FARSEC for preparation of FR notice (S) Limitation on Allowable Government Contractor Compensation Costs Implements section 702 of H.J.Res. 59 (Pub. L ), enacted December 26, 2013, which limits costs of compensation of contractor and subcontractor employees. See also section 811 of the NDAA for FY 2014 (Pub. L ). 05/28/2015 OFPP identified draft final FAR rule issues. OFPP, FAR and DAR staff resolving issues. Page 9 of 12

10 Open FAR Cases as of , , (S) Payment of Subcontractors Implements section 1334 of the Small Business Jobs Act. 05/05/2015 OFPP identified draft interim FAR rule issues. OFPP, FAR and DAR staff resolving issues , 19, 2, 52 (S) Small Business Subcontracting Improvements Implements sections 1321 and 1322 of the Small Business Jobs Act of /08/2015 Proposed FAR rule to FARSEC for preparation of FR notice , 19, 2, 52, 7, 8 (S) Set-Asides Under Multiple- Award Contracts , (S) Extension of Limitations on Contractor Employee Personal Conflicts of Interest Implements SBA's final rule for sections 1311 and 1331 of the Small Business Jobs Act Implements section 829 of the NDAA for FY 2013 (Pub. L ). Section 829 requires the Secretary of Defense to review existing guidance on personal conflicts of interest for contractor employees performing acquisition functions closely associated with inherently governmental functions, to determine whether it would be in the best interest of DoD and the taxpayers to extend such guidance to contractor personnel performing certain other functions or contract types. As a matter of policy, any such revisions will apply Governmentwide. 05/06/2015 DARC agreed to draft proposed FAR rule. DAR staff processing. 06/25/2014 Case on hold at the direction of FAR principals, pending resolution of issues relating to definition of "closely associated with inherently governmental functions" , , , , , (S) Information on Corporate Contractor Performance and Integrity Implements section 852 of the NDAA for FY 2013 (Pub. L ). Section 852 requires that FAPIIS include, to the extent practicable, information on any parent, subsidiary, or successor entities to the corporation. 05/13/2015 DAR staff agreed to draft final FAR rule. Awaiting CAAC , 6 Clarification of Requirement for Justifications for 8(a) Sole-Source Contracts Clarifies justification for 8(a) sole-source contracts, in response to GAO Report to the Chairman, Subcommittee on Contracting Oversight, Committee on Homeland Security and Governmental Affairs, U.S. Senate, entitled Federal Contracting: Slow Start to Implementation of Justifications for 8(a) Sole-Source Contracts (GAO dtd December 2012) , 23, (EO) EPEAT Items Identifies imaging equipment and televisions as new items to be included under the EPEAT standard in FAR part /18/2014 Draft proposed FAR rule from FAR analyst to OFPP. OFPP reviewing. 05/22/2015 OIRA cleared final FAR rule. FAR staff processing. Confirm any required systems changes. Page 10 of 12

11 Open FAR Cases as of , (S) Pilot Program for Enhancement of Contractor Whistleblower Protections Implements section 828 of the NDAA for FY /21/2014 OIRA cleared final FAR rule. OFPP processing D&Fs. 3/13/2015, Provided revised D&Fs to OFPP , 15.2, 16.5, 2.1, 3.3, 4.10, 5.2, , , 7.1, 8.4 Uniform Use of Line Items Considers the use of a standardized uniform line item numbering structure in Federal procurement. 12/19/2014 DAR staff agreed to draft final FAR rule. Awaiting CAAC , 46, 52 (S) Expanded Reporting of Nonconforming Items Expands Government and contractor requirements for reporting of nonconforming items. Partial implementation of section 818 of the NDAA for FY /17/2015 Case on hold at the direction of DARC Director, pending completion of study regarding which changes to GIDEP are currently feasible , (S) Applicability of the Senior Executive Compensation Benchmark Proposes retroactive implementation of section 803 of the National Defense Authorization Act for Fiscal Year 2012 (Pub L ), which extends the limitation on allowability of compensation for certain contractor personnel from senior executives to all DoD, NASA, and Coast Guard contractor employees. 05/28/2015 OFPP identified draft final FAR rule issues. OFPP, FAR and DAR staff resolving issues Contracts under the Small Business Administration 8(a) Program Small Business Set-Asides for Research and Development Contracts Revises and/or clarifies FAR subpart 19.8, "Contracting with the Small Business Administration (The 8(a) Program)." Clarifies language regarding the use of small business set-asides for R&D contracts. 01/06/2015 DAR staff notified FAR staff of DARC differences from Team report or CAAC suggested changes. DAR and FAR staff resolving draft final FAR rule open issues. OFPP addressing issues with SBA. 07/03/2013 Case on hold at the direction of FAR Council, pending further consideration. Page 11 of 12

12 Open FAR Cases as of , Grounds for Termination for Default Considers grounds for contract termination for default. 07/10/2012 Case on hold at the direction of Director, DPAP, pending further research , 11, 12, 13, 16, 17, 2, 3, 35, 37, 4, 42, 7, 8 Performance of Inherently Governmental and Critical Functions Implements OFPP Policy Letter 11-01, Performance on Inherently Governmental and Critical Functions (76 FR 56227), published on September 12, /04/2012 Draft proposed FAR rule from FAR analyst to OFPP. OFPP reviewing , 2.101, 4.17, 42.3, , XX, Basic Safeguarding of Contractor Information Systems Addresses safeguarding of unclassified information that does not meet the standard for National Security classification under Executive Order 12958, as amended. It addresses unclassified information that is pertinent to the national interests of the United States or originated by entities outside the U.S. Federal Government, and under law or policy requires protection from disclosure, special handling safeguards, and prescribed limits on exchange or dissemination. 08/28/2014 DAR staff agreed to draft final FAR rule. Awaiting CAAC , , , , 2.101, 3.000, 3.12, 3.603, , , , , 7.105, 9.000, 9.5 (S) Organizational Conflicts of Interest and Unequal Access to Information Implements section 841 of the NDAA for FY 2009 (Pub. L ). Section 841 requires consideration of how to address the current needs of the acquisition community with regard to Organizational Conflicts of Interest. Separately addresses issues regarding unequal access to information. 04/02/2015 DAR staff agreed to draft final FAR rule. Awaiting CAAC , (S) Privacy Training Creates a FAR clause to require contractors that (1) need access to a system of records, (2) handle personally identifiable information, or (3) design, develop, maintain, or operate a system of records on behalf of the Government, have their personnel complete privacy training. This addition complies with subsections (e) (agency requirements) and (m) (Government contractors) of the Privacy Act (5 U.S.C. 552a). 01/21/2015 Withdrew draft final FAR rule from OIRA. FAR staff preparing to resubmit to OIRA. Page 12 of 12