GOVERNMENT CONTRACTS
DoD, GSA, and NASA Issue Final Rule to Amend FAR: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a final rule, without change to an interim rule, to amend the Federal Acquisition Regulation (FAR) to implement final rules issued by the Office of Federal Contract Compliance Programs at the Department of Labor (DOL) relating to equal opportunity and affirmative action for veterans and individuals with Disabilities, 80 Fed. Reg. 26423. The final rule became effective May 7, 2015.
DoD, GSA, and NASA Issue Final Rule to Amend FAR: Review and Justification of Pass-Through Contracts
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a final rule to amend the Federal Acquisition Regulation (FAR) to implement section 802 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013. This section provides additional requirements relative to the review and justification of pass-through contracts, 80 Fed. Reg. 26424. The final rule will become effective June 8, 2015.
DoD, GSA, and NASA Issue Final Rule to Amend FAR: Enhancements to Past Performance Evaluation Systems
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a final rule to amend the Federal Acquisition Regulation (FAR) to accommodate the recent merger of the Architect-Engineer Contract Administration Support System (ACASS) and the Construction Contractor Appraisal Support System (CCASS) modules within the Contractor Performance Assessment Reporting System (CPARS) database, 80 Fed. Reg. 26426. The final rule will become effective June 8, 2015.
DoD, GSA, and NASA Issue Small Entity Compliance Guide
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued the Small Entity Compliance Guide, 80 Fed. Reg. 26429. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2005-82, which amends the Federal Acquisition Regulation (FAR).
GSA Issues Notice of Extension of Comment Period for Proposed Rule: GSAR Transactional Data Reporting
The General Services Administration (GSA) issued an extension of the comment period for the proposed rule issued on March 4, 2015, amending the General Services Administration Acquisition Regulation (GSAR) to include clauses that would require vendors to report transactional data from orders and prices paid by ordering activities, 80 Fed. Reg. 25994. The proposed rule includes orders placed against both Federal Supply Schedule (FSS) contract vehicles and GSA’s non-FSS contract vehicles, Government-Wide Acquisition Contracts (GWACs) and Government-wide IndefiniteDelivery, Indefinite-Quality (IDIQ) contracts. For FSS vehicles, the clause would be introduced in phases, beginning with a pilot for select products and commoditized services. The new clause will be paired with changes to the basis of award monitoring requirement of the existing price reductions clause, resulting in a burden reduction for participating FSS contractors. This rulemaking does not apply to the Department of Veterans Affairs (VA) FSS contract holders. The commenting period is being extended to May 11, 2015 to provide additional time for interested parties to provide comments for GSAR Case 2013-G504, Transactional Data Reporting.
DoD OIG Issues Audit: Navy Officials Did Not Consistently Comply with Requirements for Assessing Contractor Performance
The Department of Defense (DoD) Office of Inspector General (OIG) issued an audit report regarding the Department of the Navy’s (DoN) consistency with complying with the requirements for assessing contractor performance. The purpose of the audit was to determine whether DoN officials completed comprehensive and timely contractor performance assessment reports (CPARs). The results of the audit found that DoN officials did not consistently comply with the requirements for evaluating contractor past performance when registering contracts and preparing CPARs. Specifically, Naval Sea Systems Command (NAVSEA); Naval Supply Systems Command, Fleet Logistics Center (FLC) Norfolk; and Space and Naval Warfare Systems Center (SSC) Atlantic officials did not register 88 of 797 contracts. Generally, DoN officials stated that not registering the contracts was an error. DoN assessors prepared 42 of 81 CPARs an average of 84 days late and prepared 61 of 81 non-statistically selected CPARs without sufficient written narratives to justify the ratings given. The audit concluded that these conditions occurred because: 1) the DoN commands did not have adequate procedures to ensure timeliness or quality; 2) assessors did not receive training or periodic refresher training; or 3) assessors did not properly implement requirements. As a result, Federal Government source selection officials did not have access to timely, accurate, and complete contractor performance assessment information needed to make informed decisions related to contract awards or other acquisition matters. DoD OIG Issues Audit: Navy Officials Did Not Consistently Comply With Requirements for Assessing Contractor Performance.
LABOR AND EMPLOYMENT
DOL Submits Proposed Rule to OMB Regarding FLSA Overtime Exemptions
The Secretary of Labor, Thomas Perez, announced on May 6, 2015 that the U.S. Department of Labor (DOL) has submitted a proposed rule on the white-collar FLSA overtime exemptions to the Office of Management and Budget (OMB). The proposed rule is in response to President Obama’s March 13, 2014 directive to the Secretary to revise the current regulations because of actual or perceived abuses of the exemptions and because the salary basis test has failed to rise at the rate of inflation. The salary threshold was last increased in 2004. The proposed rule is expected to make it more difficult to qualify for the administrative, professional and executive exemptions from overtime payments under the FLSA by raising the required minimum salary and/or by making amendments to the job duties necessary to qualify for the exemption. DOL Submits Proposed Rule to OMB Regarding FLSA Overtime Exemptions.
Committee for Purchase From People Who Are Blind or Severely Disabled The Following Notices Were Issued:
80 Fed. Reg. 24905, May 1, 2015, to delete a product (Tray, Desk, Plastic, Side Loading, Stackable, Legal, Beige) from the Procurement List. The deletions will become effective June 1, 2015.
80 Fed. Reg. 24905, May 1, 2015, proposing to add products (File Folder, Single Tab, 1/3 Cut; Pen, Retractable Gel, Bag, Shopping Tote, Laminated) and a service (Contract Management Support Service, National Institutes of Health (NIH), Rockville, MD) and delete services (Grounds Maintenance Service, Ballsfield, Fort Ord, CA; Shelf Stocking & Custodial Service, Point Naval Air Station, Barbers Point, HI) from the Procurement List. Comments on the proposed additions and deletions are due June 1, 2015.
