GOVERNMENT CONTRACTS 

DoD, GSA, and NASA Issue a Proposed Rule to Amend FAR: Consolidation and Bundling of Contract Requirements 

The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to implement sections of the Small Business Jobs Act of 2010 and regulatory changes made by the Small Business Administration, which provides for a government-wide policy on the consolidation and bundling of contract requirements, 80 Fed. Reg. 31561.  Comments on the proposed rule are due August 3, 2015.  

DOS Issues Proposed Rule to Amend ITAR: Revisions to Definitions of Defense Services, Technical Data, and Public Domain; Definitions of Product of Fundamental Research; Electronic Transmission and Storage of Technical Data; and Related Definitions 

The Department of State (DOS) issued a proposed rule, as part of the President’s Export Control Reform (ECR) initiative, to amend the International Traffic in Arms Regulations (ITAR) to update the definitions of “defense article,” “defense services,” “technical data,” “public domain,” “export,” and “reexport or retransfer” in order to clarify the scope of activities and information that are covered within these definitions and harmonize the definitions with the Export Administration Regulations (EAR), to the extent appropriate, 80 Fed. Reg. 31525. 

Additionally, the DOS proposes to create definitions of “required,” “technical data that arises during, or results from, fundamental research,” “release,” “retransfer,” and “activities that are not exports, reexports, or retransfers” in order to clarify and support the interpretation of the revised definitions that are proposed in the rulemaking.  The proposed rule also creates new sections detailing the scope of licenses, unauthorized releases of information, and the “release” of secured information, and it revises the sections on “exports” of “technical data” to U.S. persons abroad 

Finally, the proposed rule addresses the electronic transmission and storage of unclassified “technical data” via foreign communications infrastructure.  The rulemaking proposes that the electronic transmission of unclassified “technical data” abroad is not an “export,” provided that the data is sufficiently secured to prevent access by foreign persons.  Additionally, this proposed rule would allow for the electronic storage of unclassified “technical data” abroad, provided that the data is secured to prevent access by parties unauthorized to access such data.  Comments on the proposed rule are due August 3, 2015. 

DoD, GSA, and NASA Issue A Proposed Rule to Amend FAR: Definition of MultipleAward Contract 

The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to define multiple-award contract, 80 Fed. Reg. 31342.  Comments on the proposed rule are due August 3, 2015.  

DoD Issues Interim Rule to Amend DFARS: Offset Costs (DFARS Case 2015-D028) 

The Department of Defense (DoD) issued an interim rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify requirements related to costs associated with indirect offsets under Foreign Military Sales agreements, 80 Fed. Reg. 31309.  The interim rule became effective June 2, 2015.  

DoD Issues Proposed Rule to Establish Transporter Proof of Delivery Clause 

The Department of Defense (DoD) issued a proposed rule to establish a clause allowing the Government to require that contractors provide Transporter Proof of Delivery (TPD) when requested, 80 Fed. Reg. 30648.  As used in this proposed rule, TPD means a commercial document that is generated by the contractor or the contractor’s transporter of supplies and is signed by the government customer in order to document delivery of supplies under a contract or order.  Comments on the proposed rule are due July 28, 2015.