GOVERNMENT CONTRACTS
DoD Issues Final Rule to Amend DFARS Foreign Commercial Satellite Services (DFARS Case 2014-D010)
The Department of Defense (DoD) issued an interim rule adopted as final with minor editorial changes, that amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2014 that prohibits acquisition of commercial satellite services from certain foreign entities, 79 Fed. Reg. 73490. The final rule became effective December 11, 2014.
DoD Issues Final Rule to Amend DFARS Forward Pricing Rate Proposal Adequacy Checklist (DFARS Case 2012-D035)
The Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to provide guidance to contractors for the submittal of forward pricing rate proposals, 79 Fed. Reg. 73493. The final rule became effective December 11, 2014.
DoD Issues Final Rule to Amend DFARS Elimination of Quarterly Reporting of Actual Performance Outside the United States (DFARS Case 2015-D001)
The Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to eliminate the requirement for quarterly reporting of actual contract performance outside the United States, 79 Fed. Reg. 73499. The final rule became effective December 11, 2014.
DoD Issues Memorandum Regarding Implementation of Uniform Procurement Identification
The Department of Defense (DoD) issued a memorandum regarding the implementation of “Uniform Procurement Identification,” FAR Case 2012-023 (FAR Case), published as a final rule with an effective date as of November 13, 2014. The implementation of the FAR Case requires specific rules to be applied to procurement actions (i.e., contracts, task/delivery orders, and solicitations). Many of the rules originated from the existing DFARS 204.72 language, however the DoD has found a few differences that require the DoD to make a few changes in order to implement. The changes are as follows: 1) all task/delivery orders will follow the 13-character format DoD currently uses for orders under civilian agency issued orders rather than the current four-character numbering of task/delivery orders; 2) modifications to task/delivery orders will follow the six-character format DoD currently uses for modifications against contracts rather than twocharacters; and 3) some document type identifiers have been reserved for future federal wide use. The DFARS case is being prepared with a planned implementation date no later than October 1, 2015. Implementation of Uniform Procurement Identification.
No More FOUO: Government Plans to Simplify Labeling of Sensitive Information
The Obama administration is expected to issue a proposed rule, by March 2015, to require agencies to stop labeling sensitive data with dozens of classification markings, and to call it all by one name. Right now, there are around 120 different designations for information that do not reach the level of classified status, but require some sort of safeguarding, such as personnel files. Next year, these labels, such as Sensitive but Unclassified, Law Enforcement Sensitive, and For Official Use Only, will simply become Controlled Unclassified Information. No More FOUO: Government Plans to Simplify Labeling of Sensitive Information.
Transforming the Market Place: Simplifying Federal Procurement to Improve Performance, Drive Innovation, and Increase Savings
The Office of Federal Policy at the Office of Management and Budget administrator, Anne Rung, has published a memorandum, entitled Transforming the Market Place: Simplifying Federal Procurement to Improve Performance, Drive Innovation, and Increase Savings, to provide guidance to agencies and address concerns and strategies for Federal acquisition practices. In the memorandum, Rung has stated that the Executive departments and agencies have cut contracts that are no longer necessary or affordable, resulting in over $55 billion in saving in fiscal year 2013, and have launched new efforts to gather the Government’s buying power through strategic sourcing, as well as implement other smart buying strategies. While the progress has been great, the Executive departments and agencies are still receiving overwhelming feedback from the industry and other stakeholders that the federal contracting space is leading to less innovation, higher costs, and weaker performance. There are over 3,300 contracting units across the Federal Government, but very little sharing of information and best practices, resulting in duplicative efforts. The memorandum describes ongoing actions to address the concerns from the industry and directs specific agency actions to build upon the Administration’s ongoing effort to create a more innovative, efficient, and effective acquisition system. Transforming the Market Place: Simplifying Federal Procurement to Improve Performance, Drive Innovation, and Increase Savings.
DOL OFCCP Issues Final Rule to Implement Executive Order 13672, Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors
The Department of Labor (DOL), Office of Federal Contract Compliance Programs (OFCCP), issued a final rule to revise the regulations implementing Executive Order (EO) 11246, as amended, in accordance with Executive Order (EO) 13672, “Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,” which was signed by President Barack Obama on July 21, 2014. EO 13672 amended EO 11246, which previously only prohibited discrimination by Federal contractors and subcontractors on the bases of race, color, religion, sex, and national origin and required them to take affirmative measures to prevent discrimination on those bases from occurring. More specifically, EO 13672 amended section 202 and section 203 of EO 11246, by substituting the phrase “sex, sexual orientation, gender identity, or national origin” for “sex or national origin.” This final rule implements EO 13672 by making the same substitution wherever the phrase “sex or national origin” appears in the regulations implementing EO 11246, 79 Fed. Reg. 72985. These regulations will become effective April 8, 2015, and will apply to Federal contractors who hold contracts entered into or modified on or after April 8, 2015.
CAPITOL HILL
President Signs Executive Order 13682, Closing of Executive Departments and Agencies of the Federal Government on Friday December 26, 2014
The President has issued Executive Order 13682 (EO), Closing of Executive Departments and Agencies of the Federal Government on Friday, December 26, 2014. The EO states, “All executive branch departments and agencies of the federal government shall be closed and their employees excused from duty on Friday, December 26, 2014, the day after Christmas Day." However, the EO additionally states that the heads of executive branch departments and agencies may determine that certain offices and installations of their organizations, or parts thereof, must remain open and that certain employees must report for duty on December 26, 2014, for reasons of national security, defense, or other public need.
SMALL BUSINESS
SBA Issues Notice Seeking Public Comment Regarding Franchise Agreement Reviews, Affiliation and Eligibility for Financial Assistance
The U.S. Small Business Administration (SBA) issued a notice seeking public comment regarding the agency’s re-examination of the factors the agency considers relevant to the determination of “affiliation” between entities involved in a franchise or other similar business relationship (such as license, dealer, and jobber relationships), as well as the current processes for making such determinations in connection with SBA's business loan programs, 79 Fed. Reg. 72748. SBA also intends to evaluate issues related to the use of SBA's Franchise Findings List and to the use of external resources (such as the Franchise Registry) that are available to assist with the determination of affiliation based on a franchise or similar business relationship. Such issues include the responsibility for choosing, approving and/or maintaining these resources and the process by which affiliation determinations are made available to the public. SBA is issuing this notice to solicit feedback from the public on these issues and related matters. Comments are due February 6, 2015.
Committee for Purchase From People Who Are Blind or Severely Disabled
The Following Notices Were Issued:
79 Fed. Reg. 72171, December 5, 2014, proposing to add products (Toner Cartridge, Remanufactured, Lexmark: Optra T630/T632/T634 Series Compatible, Optra T644/X644/X646 Series Compatible, E260/E360/E460/E462 Series Compatible, E360/E460/E462 Series Compatible, Multiple T & X Series, Compatible, 25,000 page, Multiple T & X Compatible, 36,000 page) and services (Custodial Service U.S. Navy, Naval Air Station Oceana and Naval Auxiliary Landing Field Fentress, U.S. Navy, Dam Neck Annex, 1750 Tomcat Boulevard, Virginia Beach, VA; Operations and Maintenance, Bureau of Engraving and Printing, Western Currency Facility, 9000 Blue Mound Road, Fort Worth, TX; Facility Support Service, Department of Homeland Security, ICE, Enforcement and Removal Operations Buffalo Command Center, 205 Oak Street, Batavia, NY) and delete a service (Mess Attendant Service, 121st Air Refueling Wing, 7370 Minuteman Way, Redtail Dining Facility, Bldg. 917, Columbus, OH) from the Procurement List. Comments on the proposed additions and deletion are due January 5, 2015.
79 Fed. Reg. 72171, December 5, 2014, add a product (Hand Soap, Liquid, Biobased) to the Procurement List. The addition will become effective January 5, 2015.
