Open FAR Cases as of 2/28/2020

[Pages:54]Open FAR Cases as of 11/1/2021

2:09:28PM

Case Number 2022-001 2021-021 2021-020

2021-019

Part Number 19

Open FAR Cases as of November 01, 2021

Title Trade Agreements Thresholds

Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

Limitations on Subcontracting Revisions

Standardizing Cybersecurity Requirements for Unclassified Federal Information Systems

Synopsis

Status

Amends the Federal Acquisition Regulation to incorporate 10/28/2021 DARC received

revised thresholds for application of the World Trade

draft final FAR rule DARS

Organization Government Procurement Agreement and staff. Will discuss on

the Free Trade Agreements, as determined by the United 11/03/2021.

States Trade Representative.

Implements section Executive Order 14042, Ensuring 09/29/2021 DARC Director

Adequate COVID Safety Protocols for Federal

tasked Ad Hoc Team to draft

Contractors, dated September 9, 2021 (86 FR 50985), proposed FAR rule. Report

which requires a clause to be included in certain contracts due 11/17/2021.

to ensure contractors are adequately protected from

COVID-19.

Implements the requirements of SBA's final rules

09/24/2021 DARC Director

published on November 29, 2019 (84 FR 65647) and

tasked Acquisition Small

October 16, 2020 (85 FR 66146) regarding: additional Business Team to draft

exclusions of other direct costs from the limitations on proposed FAR rule. Report

subcontracting for services; similarly situated entity

due 11/03/2021.

subcontractor requirements and the treatment of

independent contractors for purposes of the limitations on

subcontracting provisions; applicability of the

Nonmanufacturer rule to a certain NAICS Code when

using the Information Technology Value Added Reseller

exception; an exception to the Nonmanufacturer rule and

application of the multiple item rule to kit assemblers; the

addition of construction to the definition of "mixed

contract;" and the applicability of the limitations on

subcontracting to a "mixed contract."

Standardizes common cybersecurity contractual requirements across Federal agencies for unclassified Federal information systems, pursuant to Department of Homeland Security recommendations in accordance with sections 2(i) and 8(b) of Executive Order 14028, Improving the Nation's Cybersecurity.

08/04/2021 FAR principals opened case (Acquisition Technology) proposed FAR rule. DAR staff processing.

11/1/2021

Page 2 of 14

Case Number 2021-017

2021-016 2021-015 2021-014

Part Number

Open FAR Cases as of November 01, 2021

Title

Synopsis

Status

Cyber Threat and Incident

FAR case 2021-018 was closed and rolled into FAR case 08/04/2021 FAR principals

Reporting and Information Sharing 2021-017 to allow for streamlining of the FAR

opened case (Acquisition

implementation.

Technology), proposed FAR

rule. DAR staff processing.

Increases the sharing of information about cyber threats

and incident information between the Government and

certain providers, pursuant to OMB recommendations, in

accordance with section 2(b)-(c), and Department of

Homeland Security recommendations, in accordance with

section 8(b), of Executive Order 14028, Improving the

Nation's Cybersecurity. In addition, requires certain

contractors to report cyber incidents to the Federal

Government to facilitate effective cyber incident response

and remediation, pursuant to Department of Homeland

Security recommendations in accordance with sections

2(g)(i) of Executive Order 14028.

Minimizing the Risk of Climate Change in Federal Acquisitions

Implements section 5(b)(ii) of Executive Order 14030, Climate-Related Financial Risk, which directs the FAR Council to consider amending the FAR to ensure that major agency procurements minimize the risk of climate change and consider the social cost of greenhouse gas emissions in procurement decisions.

10/15/2021 Published Advance Notice of Proposed Rulemaking in the Federal Register (86 FR 57404). Public comment period ends 12/14/2021.

Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk

Implements section 5(b)(i) of Executive Order 14030, Climate-Related Financial Risk, which directs the FAR Council to consider amending the FAR to require major Federal suppliers to publicly disclose greenhouse gas emissions and climate-related financial risk and to set science-based reduction targets.

06/16/2021 DARC Director tasked Acquisition Environmental and Contract Management Team to draft proposed FAR rule. Report due 08/04/2021. Report due date extended to 11/24/2021.

Increasing the Minimum Wage for Contractors

Implements E.O. 14026, Increasing the Minimum Wage for Federal Contractors, dated April 27, 2021, and Department of Labor regulations (XX CFR part XXX). 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 $15.00 the hourly minimum wage paid those contractors.

05/20/2021 Case on hold pending publication of Department of Labor regulations.

11/1/2021

Page 3 of 14

Case Number 2021-013

2021-012

2021-011 2021-010

Part Number

Open FAR Cases as of November 01, 2021

Title

Access to Past Performance Information

Synopsis

Status

Amends FAR 42.1503 to clarify that the Government may 05/19/2021 DARC Director

provide Contractor Performance Assessment Reporting tasked Acquisition

System access to a third-party contractor, with

environmental and Contract

appropriate safeguards, for the purposes of performing Management Team to draft

value-added services for the government.

proposed FAR rule. Report

due 07/14/2021. Report due

date extended to

11/10/2021.

8(a) Program

Implements the requirements of SBA's final rule published 05/12/2021 DARC Director

October 16, 2020 (85 FR 66146) regarding offer and

tasked Acquisition Small

acceptance in the 8(a) program for blanket purchase

Business Team to draft

agreements; the offer of a procurement to the 8(a)

proposed FAR rule. Report

program prior to solicitation issuance; SBA's concurrence due 08/04/2021. Report due

to release follow-on procurements from the 8(a) program; date extended to

the processing of certain agency waiver requests; and the 11/10/2021.

exception to certificate of competency procedures for 8(a)

sole-source contracts.

Past Performance of First-Tier Subcontractors

Implements the requirements of SBA's final rule published 05/12/2021 DARC Director

October 16, 2020 (85 FR 66146) for consideration of the tasked Acquisition Small

past performance and experience of first-tier

Business Team to draft

subcontractors for the award of bundled or consolidated proposed FAR rule. Report

contracts and certain multiple-award contracts, and other due 07/14/2021. Report due

procurements, as appropriate.

date extended to

11/24/2021.

Subcontracting to Puerto Rican and Other Small Businesses

Implements the requirements of SBA's final rule published 05/12/2021 DARC Director

October 16, 2020 (85 FR 66146) regarding contracting tasked Acquisition Small

incentives to mentors that subcontract to prot?g? firms Business Team to draft

that are Puerto Rican businesses (section 861 of the

proposed FAR rule. Report

National Defense Authorization Act for Fiscal Year 2019 due 07/21/2021. Report due

(Pub. L. 115-232)); reliance on subcontractor

date extended to

representations; and the requirement for subcontracting 11/24/2021.

plans for Alaska Native Corporations.

11/1/2021

Page 4 of 14

Case Number 2021-009

2021-008

2021-007 2021-006

Part Number 1, 25, 52

Open FAR Cases as of November 01, 2021

Title

Protests of Orders Set Aside for Small Business

Synopsis

Status

Implements the requirements in SBA's final rule October 05/12/2021 DARC Director 16, 2020 (85 FR 66146) regarding size protests on set- tasked Acquisition Small aside orders under multiple-award contracts that were not Business Team to draft set aside; socioeconomic status protests on set-aside proposed FAR rule. Report orders where the required status differs from that of the due 07/28/2021. Report due underlying multiple-award contract; and the authority for date extended to SBA's Associate General Counsel for Procurement Law to 11/17/2021. initiate a size protest.

Amendments to the FAR Buy American Act Requirements

Implements section 8 of Executive Order 14005, Ensuring 07/30/2021 Published

the Future Is Made in All of America by All of America's proposed FAR rule in

Workers, which requires the Council to consider certain Federal Register (86 FR

changes to the acquisition regulations regarding the

40980). Public comment

component test used to identify domestic end products period ends 09/28/2021.

and domestic construction materials, the threshold for the Public comment period

domestic content requirement, and the price preferences extended until 10/28/21 (86

for domestic end products and domestic construction

FR 52871).

materials.

(S) Maximum Award Price for Certain Sole Source Manufacturing Contracts

Implements section 864 of the NDAA for FY 2021 (Pub. L. 06/23/2021 Final rule to 116-283), which amends the Small Business Act to modify FARSEC for preparation of the maximum award price for sole source manufacturing FAC. contracts to $7 million for the 8(a), Women-Owned Small Business, Historically Underutilized Business Zone, and Service-Disabled Veteran-Owned Small Business programs.

(S) Prohibition on Requiring Disclosure of Political Contributions

Implements section 735 of Division E of Title VII of the 03/03/2021 DARC Director

Consolidated Appropriations Act, 2021 (Pub. L. 116-260), tasked Acquisition Strategy

and similar sections in prior appropriations acts, which Team to draft proposed FAR

prohibit the Government from requiring an offeror to

rule. Report due

disclose, as a condition of its offer, any payments the

04/21/2021. Report due date

offeror has made to a candidate for election for Federal extended to 11/10/2021

office or to a political committee.

11/1/2021

Page 5 of 14

Case Number 2021-005

2021-003

Part Number

Open FAR Cases as of November 01, 2021

Title

Synopsis

Status

(S) Disclosure of Beneficial Owner Implement sections 885 and 6403 of the NDAA for FY

in Federal Contracting

2021 (Pub. L. 116-283). Section 885 amends 41 U.S.C.

2313 to require the Federal Awardee Performance and

Integrity Information System include identifying

information on the beneficial owner of certain

corporations. Paragraph (c) of section 6403 requires

certain offerors to disclose beneficial ownership

information in their offers for contracts over the simplified

acquisition threshold.

04/19/2021 DARC Director tasked Ad hoc Team to draft proposed FAR rule. Report due 04/14/2021. Report due date extended to 11/17/2021.

Update to Certain Online References in the FAR

Replaces FAR references to Federal Business Opportunities () and Wage Determinations Online () with the System for Award Management (), as a result of their integration with and increased functionality of .

08/09/2021 Final rule to FARSEC for preparation of FAC.

2021-001

2020-016

19, 52

2020-015

17

Increased Efficiencies with Regard Considers amendments to the Federal Acquisition

to Certified Mail, In-person

Regulation to increase flexibilities and efficiencies with

Business, Mail, Notarization,

regard to certified mail, notarization, original documents,

Original Documents, Seals, and seals, in-person business, mail, and signatures through

Signatures

use of digital and virtual technology.

06/25/2021 DAR staff notified FAR staff that DARC agreed to draft proposed FAR rule. Awaiting CAAC concurrence.

Rerepresentation of Size and Socioeconomic Status

Implements the requirement in SBA's proposed rule (84 06/23/2021 DAR staff

FR 60846, November 8, 2019) for rerepresentation of size notified FAR staff that DARC

and socioeconomic status for orders under multiple-award agreed to draft proposed

contracts.

FAR rule. Awaiting CAAC

concurrence.

Business-case Analysis Requirements for Multi-Agency Contracts

Implements OMB Memo M-19-13, Category Management: Making Smarter Use of Common Contract Solutions and Practices, March 20, 2019.

09/16/2021 FAR staff notified DAR staff of CAAC differences from team report or DARC suggested changes. DAR and FAR staff resolving draft proposed FAR rule open issues.

11/1/2021

Page 6 of 14

Case Number 2020-014

2020-013 2020-011

2020-010

Part Number 19 27, 52, 6

Open FAR Cases as of November 01, 2021

Title

Synopsis

Status

(S) United States-Mexico-Canada Implements the United States-Mexico-Canada Agreement 04/12/2021 Draft proposed

Agreement

(USMCA) and the United States-Mexico-Canada

FAR rule from FAR analyst

Agreement Implementation Act (Pub. L. 116-113)(FY20), to OFPP. OFPP reviewing.

which replaces the North American Free Trade Agreement

(NAFTA. The Government Procurement Agreement at

chapter 13 of the USMCA applies only to Mexico, so

Canada is no longer a Free Trade Agreement country.

Canada is still a designated country under the World

Trade Organization Government Procurement Agreement.

(S) Certification of Women-Owned Implements the statutory requirement for certification of

Small Businesses

businesses participating in the Women-Owned Small

Business Program (section 825 of the National Defense

Authorization Act for Fiscal Year 2015), as implemented

by the Small Business Administration in its final rule

published May 11, 2020 (85 FR 27650).

10/07/2021 Published proposed FAR rule in Federal Register (86 FR 55769). Public comment period ends 12/06/2021.

(S) Implementation of FASC Exclusion Orders

Iimplements issued exclusion and removal orders

01/27/2021 FAR staff notified

authorized by section 1323 of the SECURE Technology DAR staff of CAAC

Act (Pub. L. 115-390)(FY19), which created the Federal differences from team

Acquisition Security Council (FASC) and authorized the report. DAR and FAR staff

Secretary of Homeland Security, the Secretary of

resolving open issues.

Defense, and the Director of National Intelligence to issue

exclusion and removal orders, upon the recommendation

of the FASC. These orders are issued to protect national

security by excluding certain covered products, services,

or sources from the Federal supply chain.

Small Business Innovation Research and Technology Transfer Programs

Implements changes related to data rights in the Small Business Administration's Policy Directive for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs, published in the Federal Register on April 2, 2019 (84 FR 12794). Implements competition requirements unique to Phase III awards under the SBIR and STTR Programs.

04/01/2020 DARC Director tasked the Acquisition Law Team to draft proposed FAR rule. Report due 05/27/2020. Report due date extended to 11/10/2021.

11/1/2021

Page 7 of 14

Case Number 2020-009

2020-008 2020-007 2020-005

2019-018 2019-017

Open FAR Cases as of November 01, 2021

Part Number 25.104

Title

Synopsis

Status

List of Domestically Nonavailable Articles

Implements the requirement at FAR 25.104(b) to publish the list of Domestically Nonavailable Articles in the Federal Register for public comment no less frequently than once every five years.

07/29/2020 DARC Director tasked Staff Level (FAR) Team to consider revisions to draft proposed FAR rule. Report due 11/25/2020. Report due date extended to 11/24/2021.

(S) Prohibition on Criminal History Implements section 1123 of the National Defense

01/23/2020 DARC Director

Inquiries by Contractors Prior to Authorization Act (NDAA) for Fiscal Year (FY) 2020.

tasked Acquisition Law Team

Conditional Offer

Section 1123 amends 41 U.S.C. 4714 and 10 U.S.C.

to draft proposed FAR rule.

2338 adding a new section 10 U.S.C. 2339, prohibiting Report due 04/01/2020.

criminal history inquiries by contractors prior to conditional Report due date extended to

offer.

11/03/2021.

(S) Accelerated Payments

Implements section 873 of the NDAA for FY 2020.

Applicable to Contracts with

Section 873 amends 31 U.S.C. 3903(a) to require

Certain Small Business Concerns accelerated payment dates for small business prime

contractors and prime contractors that subcontract with

small business concerns.

09/29/2021 Published proposed FAR rule in Federal Register (86 FR 53923). Public comment period ends 11/29/2021.

(S) Explanations to Unsuccessful Offerors on Certain Orders Under Task- and Delivery-Order Contracts

Implements section 874 of the NDAA for FY 2020, which requires, when awarding a task or delivery order in an amount greater than the simplified acquisition threshold, not greater than $5.5 million, contracting officers, upon written request from an unsuccessful offeror, to provide a brief explanation as to why the offeror was unsuccessful, including the rationale for award and an evaluation of the significant weak or deficient factors in the offeror's offer.

08/06/2021 FAR staff notified DAR staff of CAAC differences from team report or DARC suggested changes. DAR and FAR staff resolving draft proposed FAR rule open issues.

11, 17, 39, 4, 52, (S) Federal Acquisition Supply

7, 9

Chain Security Act of 2018

Implements the Federal Acquisition Supply Chain Security 08/30/2021 FAR staff notified

Act of 2018, which was part of the SECURE Technology DAR staff that CAAC agreed

Act, Pub. L 115-390(FY19).

with draft rule as submitted

by Team or as modified by

DARC.

(S) Training to Prevent Human Implements section 111 of the Frederick Douglass Trafficking for Certain Air Carriers Trafficking Victims Prevention and Protection

Reauthorization Act of 2018 (Pub. L. 115-425)(FY19).

09/30/2020 FAR staff notified DAR staff of CAAC differences from team report or DARC suggested changes. DAR and FAR staff resolving draft proposed FAR rule open issues.

11/1/2021

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