GOVERNMENT CONTRACTS
DoD Issues Proposed Rule to Amend DFARS Inflation Adjustment of Acquisition- Related Thresholds (DFARS Case 2014-D025)
The Department of Defense (DoD) issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to further implement the U.S.C. statute on inflation adjustment of acquisition-related dollar thresholds, 79 Fed. Reg. 65912. This statute requires an adjustment every five years of acquisition-related thresholds for inflation using the Consumer Price Index for all urban consumers, except for the Construction Wage Rate Requirements statute (Davis-Bacon Act), Service Contract Labor Standards statute, and trade agreements thresholds. DoD is also proposing to use the same methodology to adjust some non-statutory DFARS acquisition-related thresholds in 2015. Comments on the proposed rule are due January 5, 2015 to be considered in the formation of the final rule.
DoD Issues Proposed Rule to Amend DFARS Advancing Small Business Growth (DFARS Case 2014-D009)
The Department of Defense (DoD) issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify that entering into a contract award may cause a small business to eventually exceed the applicable small business size standard, 79 Fed. Reg. 65917. Comments on the proposed rule are due January 5, 2015 to be considered in the formation of a final rule.
DoD Issues Final Rule to Amend DFARS Clauses with Alternates, Special Contracting Methods, Major System Acquisition, and Service Contracts (DFARS Case 2014-D004)
The Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise and update clauses and their prescriptions for special contracting methods, major system acquisition, and service contracting to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems, 79 Fed. Reg. 65592. The rule also includes the full text of each alternate, rather than only showing the paragraphs that differ from the basic clause. The final rule became effective November 5, 2014.
DoD Issues Final Rule to Amend DFARS Clauses With Alternates, Foreign Acquisition (DFARS Case 2013-D005)
The Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to create separate prescriptions for the basic clause as well as each alternate in each set of foreign acquisition-related provisions/clauses with one or more alternates. In addition, the rule includes the full text of each provision or clause alternate, 79 Fed. Reg. 214. The final rule became effective November 5, 2014.
OFCCP Issues Notice of Proposed Rulemaking to Amend Government Contractors, Requirement to Report Summary Compensation Data on Employee Compensation
The Office of Federal Contract Compliance Programs (OFCCP) issued a notice of proposed rulemaking (NPRM) to amend its notice published on August 8, 2014, regarding the implementation of the regulation for Executive Order 11246, Equal Employment Opportunity, which set forth the reporting obligations of Federal contractors and subcontractors, 79 Fed. Reg. 65613. This NPRM proposes to amend the regulation by adding a requirement that certain Federal contractors and subcontractors supplement their Employer Information Report (EEO-1 Report) with summary information on compensation paid to employees, as contained in the Form W-2 Wage and Tax Statement (W-2) forms, by sex, race, ethnicity, and specified job categories, as well as other relevant data points such as hours worked, and the number of employees. Comments on the proposed rule are due January 5, 2015.
DoD Inspector General Evaluation of Government Quality Assurance Oversight for DoD Acquisition Programs
The Department of Defense (DoD), Inspector General (IG), has issued a report regarding the evaluation of government quality assurance oversight for DoD acquisition programs. The objective was to evaluate DoD’s overarching quality management policies and procedures as well as Government performed quality assurance oversight of defense acquisition programs. Additionally, DoD IG evaluated the top-level policies and procedures of DoD Components (i.e. military departments, defense agencies, joint chief of staff, combatant commands, and DoD field organizations). The evaluation found that the DoD, through the Office of the Under Secretary of Defense for Acquisition, Technology and Logistics (OUSD AT&L), has not established an overarching quality management policy to ensure the consistent application of quality management system requirements across DoD Components. Furthermore, the evaluation found that the DoD Components do not have an effective feedback mechanism in place to evaluate the performance of quality management system and sufficiency of policies. DoD Inspector General Evaluation of Government Quality Assurance Oversight for DoD Acquisition Programs.
Committee for Purchase From People Who Are Blind or Severely Disabled
The Following Notices Were Issued:
79 Fed. Reg. 64753, October 31, 2014, to add products (Toner Cartridge, Remanufactured, Lexmark Optra T620/T622 Series Compatible, Toner Cartridge, Remanufactured, Lexmark E350/E352 Series Compatible, Toner Cartridge, Remanufactured, Lexmark E450 Series Compatible, Toner Cartridge, Remanufactured, Lexmark E230/E232/E234/E330/E332/E340/E342 Series Compatible, Kit, Maintenance, Remanufactured, Toner Cartridge, Lexmark T620/620N Series Compatible) to the Procurement List. The additions will be effective December 1, 2014.
79 Fed. Reg. 64754, October 31, 2014, to propose an additional product (Hand Soap, Liquid, Biobased) to the Procurement List. Comments on the proposed addition are due December 1, 2014.
