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Federal Acquisition Regulatory Watch


February 2008 to Present

2010

March 2, 2010 SMALL BUSINESS ADMINISTRATION 13 CFR Parts 121, 127, and 134 Women-Owned Small Business Federal Contract Program Notice of proposed rulemaking; withdrawal of proposed rule This link is to an external site  

SUMMARY: The U.S. Small Business Administration (SBA) proposes to amend its regulations governing small business contracting procedures. This Proposed Rule would amend part 127, that was promulgated in a Final Rule on October 1, 2008, and entitled "The Women-Owned Small Business Federal Contract Assistance Procedures,” RIN 3245–AF40. This Proposed Rule would implement procedures authorized by the Small Business Act (Act) (Public Law 85-536, as amended) to help ensure a level playing field on which Women-Owned Small Businesses (WOSBs) can compete for Federal contracting opportunities. SBA proposes changes to part 127 that include eliminating the requirement for an agency-by-agency determination of discrimination, adopting both “numbers” and “dollars” measures of underrepresentation, and using the Fiscal Year 2006 Central Contractor Registration (CCR) database as the data source for determining eligible industries under the WOSB Program. This Proposed Rule thus identifies the eligible industries under the Program as those industries in which WOSBs are underrepresented or substantially underrepresented using either the numbers or the dollars approach. This Proposed Rule seeks to retain, for the most part, parts 121 and 134 of the Final Rule published on October 1, 2008, titled “The Women-Owned Small Business Federal Contract Assistance Procedures,” RIN 3245–AF40; these portions of the rule govern various implementation procedures of the Program, as more fully discussed below.  In addition, SBA is withdrawing its proposed rule entitled “The Women-Owned Small Business Federal Contract Assistance Procedures,” which was published on

October 1, 2008 in the Federal Register together with a request for comments on two data sets used to determine the eligible industries under the WOSB Program.

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February 19, 2010 Federal Acquisition Regulation; Submission for OMB Review;
Hubzone Program
This link is to an external site

SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve a new information collection requirement regarding Hubzone Program revisions. A request for public comments was published in the Federal Register at 74 FR 46984, on September 14, 2009. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of
functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the
information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

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February 8, 2010 VA Veteran-Owned Small Business Verification GuidelinesThis link is to an external site

SUMMARY: This document affirms as final, with changes, an interim final rule that implements portions of the Veterans Benefits, Health Care, and Information Technology Act of 2006. This law requires the Department of Veterans Affairs (VA) to verify ownership and control of veteran-owned small businesses, including service-disabled veteran- owned small businesses. This final rule defines the eligibility requirements for businesses to obtain ``verified'' status, explains examination procedures, and establishes records retention and review processes. The final rule retains the interim final rule with changes based on the comments received. This document additionally implements new interim final requirements, that eligible owners work full-time in the business for which they have applied for acceptance in the Verification Program, changes the time period for issuance of reconsideration decisions from 30 to 60 days, and changes the distribution of profits for limited liability companies and employee stock ownership plans and solicits comments on these regulatory amendments only.

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February 4, 2010 Federal Acquisition Regulation; FAR Case 2008-024, Inflation
Adjustment of Acquisition-Related Thresholds
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement Section 807 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. The Act requires an adjustment every 5 years of acquisition-
related thresholds for inflation using the Consumer Price Index for all urban consumers, except for Davis-Bacon Act, Service Contract Act, and trade agreements thresholds. The Councils are also proposing to use the same methodology to change nonstatutory FAR acquisition-related thresholds for adjustment in 2010.

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2009
 

December 10, 2009 FAR Case 2005–041, Internet Protocol Version 6 (IPv6) This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to require Internet Protocol Version 6 (IPv6) compliant products be included in all new information technology (IT) acquisitions using Internet Protocol (IP). IP is one of the primary mechanisms that define how and where information moves across networks. The widely-used IP industry standard is IP Version 4 (IPv4). The Office of Management and Budget (OMB) Memorandum M-05-22, dated August 2, 2005, requires all new IT procurements, to the maximum extent practicable, to include IPv6 capable products and standards.

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December 10, 2009 FAR Case 2006–021, Postretirement Benefits (FAS 106) This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to permit the contractor to measure accrued PRB costs using either the criteria in Internal Revenue Code (IRC) 419 or the criteria in Financial Accounting
Standard (FAS) 106.

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December 10, 2009 FAR Case 2006–024, Travel Costs This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to change the travel cost principle to ensure a consistent application of the limitation on allowable contractor airfare costs.

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December 10, 2009 FAR Case 2006–026, Governmentwide Commercial Purchase Card Restrictions for Treasury Offset Program Debts This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to restrict the use of the Governmentwide commercial purchase card as a method of payment for offerors with debts subject to the Treasury Offset Program.

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December 10, 2009 FAR Case 2008–017, Federal Food Donation Act (of 2008)This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted, as final, with no changes, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Federal Food Donation Act of 2008 (Pub. L. 110-247), which encourages executive agencies and their contractors, in contracts for the provision, service, or sale of food, to the maximum
extent practicable and safe, to donate apparently wholesome excess food to nonprofit organizations that provide assistance to food-insecure people in the United States.

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December 10, 2009 FAR Case 2009–017, Revocation of Executive Order 13201, Notification of Employee Rights Concerning Payment of Union Dues or FeesThis link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to delete FAR Subpart 22.16 and the corresponding clause at FAR 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees, which implemented Executive Order (E.O.) 13201 of February 17, 2001, of the
same title.  E.O. 13201 required contractors to post a notice informing employees of their rights concerning payment of union dues or fees and detailed that employees could not be required to join unions or maintain membership in unions to retain their jobs. E.O. 13201 was revoked by E.O. 13496 of January 30, 2009, Notification of Employee
Rights Under Federal Labor Laws.

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December 10, 2009 Federal Acquisition Circular 2005–38; IntroductionThis link is to an external site

SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005-38. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://www.regulations.govThis link is to an external site

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December 10, 2009 Federal Acquisition Circular 2005–38; Small Entity Compliance GuideThis link is to an external site

SUMMARY: This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. 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 rules appearing in Federal  Acquisition Circular (FAC) 2005-38 which amend the FAR. Interested parties may obtain further information regarding these rules by referring to FAC 2005-38 which precedes this document. These documents are also available via the Internet at http://www.regulations.govThis link is to an external site

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December 10, 2009 Technical AmendmentsThis link is to an external site

SUMMARY: This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes.

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November 25, 2009 Final Rule 5 CFR Part 337 RIN 3206–AL51 Examining System [PDF]This link is to an external site

SUMMARY: The U.S. Office of Personnel Management (OPM) is issuing final regulations pertaining to direct hire authority for certain acquisition positions. The purpose of this change is to conform OPM’s regulations with recent changes in law.

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November 13, 2009 Federal Acquisition Regulation; FAR Case 2008-025, Preventing
Personal Conflicts of Interest for Contractor Employees Performing
Acquisition Functions
This link is to an external site


SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to address personal conflicts of interest by employees of Government contractors as required by section 841(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).

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October 14, 2009 FAR Case 2007–008 Limiting Length of Noncompetitive Contracts in Unusual and Compelling Urgency Circumstances This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement section 862 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417) and Office of Federal Procurement Policy (OFPP) Administrator's memorandum of May 31, 2007. The rule limits the length of contracts awarded noncompetitively under unusual and compelling urgency circumstances to the minimum contract period necessary to meet the requirements, and no longer than one year, unless the head of the agency determines that exceptional circumstances apply.

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October 14, 2009 FAR Case 2008–008 Award Fee Language Revision This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 814 of the John Warner National Defense Authorization Act for Fiscal Year 2007, section 867 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, and the Office of Federal Procurement Policy guidance memorandum dated December 4, 2007, entitled Appropriate Use of Incentive Contracts.

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October 14, 2009 FAR Case 2008–026 GAO Access to Contractor EmployeesThis link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 871 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (NDAA) which allows the Government Accountability Office to interview current contractor employees during the audit of the contractor's records  

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October 14, 2009 FAR Case 2008–031 Limitations on Pass-Through Charges This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 866 of the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2009 which applies to Executive Agencies other than DoD. The DoD is subject to section 852 of the John Warner NDAA for FY 2007 which is also being implemented in this interim rule. Section 866 requires the Councils to amend the FAR and section 852 requires the Secretary of Defense to prescribe regulations to minimize excessive pass-through charges by contractors from subcontractors, or of tiers of subcontractors, that add no or negligible value, and to ensure that neither a contractor nor a subcontractor receives indirect costs or profit/fee (i.e., pass-through charges) on work performed by a lower- tier subcontractor to which the higher-tier contractor or subcontractor adds no, or negligible, value. Since both statutory provisions address excessive pass-through charges and the multiple tiering of subcontracting, the Councils decided to combine both provisions in this FAR rule.

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October 14, 2009 FAR Case 2008–034 Use of Commercial Services Item Authority This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 868 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. Section 868 provides that purchases of commercial services that are not offered and sold competitively in substantial quantities in the commercial marketplace may only be considered commercial items for the purposes of the FAR if the contracting officer determines in writing that the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price of such services.

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October 14, 2009 FAR Case 2008–035 Registry of Disaster Response ContractorsThis link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement Section 697, Registry of Disaster Response Contractors (Pub. L. 109-295), the Department of Homeland Security (DHS) Appropriations Act, 2007 (6 U.S.C. 796). The Act requires that the Administrator of the Federal Emergency Management Agency (FEMA), a component of DHS, establish and maintain a registry of contractors, which are willing to perform debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities. In addition, the Act requires contracting officers to consult the Registry during market research and acquisition planning.

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October 14, 2009 FAR Case 2009–003 National Response Framework This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule amending the Federal Acquisition Regulation (FAR) to reflect reissuance of the Federal Emergency Management Agency's (FEMA) National Response Plan (NRP). On January 22, 2008, FEMA reissued the NRP as the National Response Framework (NRF). In addition, the term ``Incident of National Significance'' was eliminated. These changes became effective on March 22, 2008.

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October 14, 2009 Federal Acquisition Circular 2005–37 Introduction This link is to an external site

SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-37. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://www.regulations.gov This link is to an external site

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October 14, 2009 Federal Acquisition Circular 2005–37 Small Entity Compliance GuideThis link is to an external site

SUMMARY: This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. 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 rules appearing in Federal Acquisition Circular (FAC) 2005-37 which amend the FAR. Interested parties may obtain further information regarding these rules by referring to FAC 2005-37 which precedes this document. These documents are also available via the Internet at http://www.regulations.gov This link is to an external site

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October 14, 2009 Technical AmendmentsThis link is to an external site

SUMMARY: This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes.

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September 29, 2009 Federal Acquisition Regulation; Conforming Late Offer Treatment CFR Correction This link is to an external site

CFR Correction

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September 25, 2009 Federal Acquisition Regulation; FAR Case 2009-009, American
Recovery and Reinvestment Act of 2009 (the Recovery Act)-- Reporting
Requirements
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing this notice to provide information to Federal contractors who have contracts funded, in whole or in part, by the American Recovery and Reinvestment Act of 2009 (``Recovery Act''), and include the FAR clause 52.204-11. This notice is being provided to offer assistance to Federal contractors in understanding the FederalReporting.gov centralized reporting tool.

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September 23, 2009 Federal Acquisition Regulation; Solicitation Provisions and
Contract Clauses
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CFR Correction

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September 3, 2009 Federal Acquisition Regulation; FAR Case 2008-027, Federal
Awardee Performance and Integrity Information System
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement Section 872 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009. Section 872 requires the General Services Administration to establish and maintain a data system containing specific information on the integrity and performance of covered Federal agency contractors and grantees. Section 872 also requires awarding officials to review the data system and consider other past performance information when making any past performance evaluation or responsibility determination.

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September 2, 2009 Federal Acquisition Regulation; FAR Case 2008-016, Termination
for Default Reporting
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to establish procedures for contracting officers to provide contractor information into the Past Performance Information System (PPIRS). This case sets forth requirements for reporting defective cost or pricing data and terminations for cause or default. Evaluation of past performance information, especially terminations, manages risks associated with timely, effective and cost efficient completion of contracts, a key objective of the President's March 4, 2009, Memorandum on Government Contracting.

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August 25, 2009 Federal Acquisition Regulation; FAR Case 2009-009, American
Recovery and Reinvestment Act of 2009 (the Recovery Act)--Reporting
Requirements
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing this notice to inform Federal contractors that the Recovery Accountability and Transparency Board (``Board'') has announced the availability of registration at federalreporting.gov. Federal contractors required to report on their use of Recovery Act funds by FAR clause 52.204-11 are encouraged to register early.

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August 24, 2009 Federal Acquisition Regulation; FAR Case 2009-005, Use of Project
Labor Agreements for Federal Construction Projects
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13502, Use of Project Labor Agreements for Federal Construction Projects. The comment period is being reopened for an additional 30 days to provide additional time for interested parties to review the proposed FAR changes.

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August 20, 2009 Federal Acquisition Regulation; FAR Case 2008-020, Contract
Closeout
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise procedures for closing out contract files. This case revises procedures for clearing final patent reports and quick-closeout procedure, and sets forth a description of an adequate final indirect cost rate proposal and supporting data.

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August 11, 2009 Federal Acquisition Regulation; FAR Case 2008-019, Authentic
Information Technology Products
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are hosting a public meeting to continue a dialogue with industry and Government agencies about ways to develop greater assurance around information technology (IT) products acquired by the Government. The public meeting will include dialogues on the impact of counterfeit IT products on matters of performance and security; contractor liability and consequential damages; the competition aspects of procuring IT products from the original manufacturer or authorized distributors; viable means of representing authenticity of IT products; and contractor supply chain risk management requirements as an evaluation factor in the procurement of IT products.

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August 11, 2009 Federal Acquisition Regulation; Technical AmendmentsThis link is to an external site

SUMMARY: This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes.

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August 11, 2009 Federal Acquisition Regulation; FAR Case 2008-004, Prohibition on
Restricted Business Operations in Sudan and Imports from Burma
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to implement Section 6 of the Sudan Accountability and Divestment Act of 2007. Section 6 requires certification in each contract entered into by an Executive Agency that the contractor does not conduct certain business operations in Sudan. In addition, the Councils added Burma to the list of countries from which most imports are prohibited. This action was taken in accordance with Executive Order (E.O.) 13310, Blocking Property of the Government of Burma and Prohibiting Certain Transactions, and E.O. 13448, Blocking the Property and Prohibiting Certain Transactions Related to Burma.

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August 11, 2009 Federal Acquisition Regulation; Federal Acquisition Circular
2005-36; Small Entity Compliance Guide
This link is to an external site

SUMMARY: This document is issued under the joint authority of the
Secretary of Defense, the Administrator of General Services and the
Administrator of the National Aeronautics and Space Administration.
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 rules appearing in Federal Acquisition Circular (FAC) 2005-36 which
amend the FAR. Interested parties may obtain further information
regarding these rules by referring to FAC 2005-36 which precedes this
document. These documents are also available via the Internet at http:/
/www.regulations.gov
This link is to an external site

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August 11, 2009 Federal Acquisition Regulation; Federal Acquisition Circular
2005-36; Introduction
This link is to an external site

SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-36. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://www.regulations.govThis link is to an external site

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August 11, 2009 Federal Acquisition Regulation; FAR Case 2009-014, New Designated
Country--Taiwan
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to add Taiwan (known in the World Trade Organization as ``the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei))'' as a designated country, due to the accession of Taiwan to membership in the World Trade Organization Agreement on Government Procurement.

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August 11, 2009 Federal Acquisition Regulation; FAR Case 2008-038, Federal
Technical Data Solution (FedTeDS)
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing a final rule to amend the Federal Acquisition Regulation (FAR) to reflect that FedTeDS capabilities have been incorporated into the Governmentwide Point of Entry (GPE). References to FedTeDS are amended to reflect the GPE i.e., FedBizOpps system.

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August 11, 2009 Federal Acquisition Regulation; FAR Case 2007-021, Fair Labor
Standards Act and Service Contract Act Price Adjustment Clauses
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to specifically require the incorporation of FAR clauses 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) and 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment, in time-and-materials and labor-hour service contracts that are subject to the Service Contract Act. No comments were received in response to the proposed rule.

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August 11, 2009 Federal Acquisition Regulation; FAR Case 2007-002, Cost
Accounting Standards (CAS) Administration and Associated Federal
Acquisition Regulation Clauses
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to revise the contract clauses related to the administration of the Cost Accounting Standards (CAS) to maintain consistency between the FAR and CAS.

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August 11, 2009 Federal Acquisition Regulation; FAR Case 2006-013, List of
Approved Attorneys, Abstractors, and Title Companies
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to update the procedures for the acceptance of a bond with a security interest in real property.

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August 7, 2009 Federal Acquisition Regulation; FAR Case 2009-013, Nonavailable
Articles
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise the list of nonavailable articles at FAR 25.104(a). The Councils also request public comment as to whether some articles on the list of nonavailable articles are now mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality and should therefore be removed from the list.

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July 10, 2009 OMB Memo: Recent Government Accountability Office Decisions Concerning Small Business Programs dated July 10, 2009 [PDF] This link is to an external site

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July 1, 2009 Federal Acquisition Regulation; FAR Case 2006-022, Contractor Performance Information This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to revise the contractor performance information process. This change primarily emphasizes the use of a standard performance information reporting system, the Past Performance Information Retrieval System (PPIRS). This
change aligns with the President's March 4, 2009 Memorandum on Government Contracting This link is to an external sitespecifically with regards to managing the Government's risk associated with the goods and services being procured and ensuring projects are completed effectively and efficiently.

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June 5, 2009 Federal Acquisition Regulation; FAR Case 2007-013, Employment
Eligibility Verification
This link is to an external site

SUMMARY: The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have agreed to delay the applicability date of FAR Case 2007-013, Employment Eligibility Verification, to September 8, 2009.

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June 3, 2009 Federal Acquisition Regulation; FAR Case 2008-019, Authentic
Information Technology Products
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are hosting six public meetings to continue a dialogue with industry and Government agencies about ways to develop greater assurances regarding the authenticity of information technology (IT) products acquired by the Government. The public meetings will include dialogues on the impact of counterfeit IT products on matters of performance and security; contractor liability and consequential damages; competitiveness issues associated with procuring IT products from the original equipment manufacturer or authorized distributor; identifying viable means of authenticating IT products; and contractor supply chain risk management requirements as an evaluation factor in the procurement of IT products.

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May 19, 2009 Federal Acquisition Regulation; FAR Case 2008-023, Clarification
of Criteria for Sole Source Awards to Service-disabled Veteran-owned
Small Business Concerns
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to clarify the criteria that need to be met in order to conduct a sole source Service-disabled Veteran-owned Small Business (SDVOSB) concern acquisition.

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May 14, 2009 Federal Acquisition Regulation; FAC 2005-32, Technical AmendmentsThis link is to an external site

SUMMARY: This document makes amendments to the Federal Acquisition Regulation (FAR), Federal Acquisition Circular (FAC) 2005-32, published in the Federal Register at 74 FR 14622-14652, on March 31, 2009, in order to make editorial and correcting changes.

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April 13, 2009 Federal Acquisition Regulation; FAR Case 2006-005, HUBZone
Program Revisions
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement revisions to the Small Business Administration's HUBZone Program as a result of revisions to the Small Business Administration's regulations.

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March 31, 2009 Federal Acquisition Regulation; Federal Acquisition Circular 2005-32; Small Entity Compliance GuideThis link is to an external site

SUMMARY: This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration.  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 rules appearing in Federal Acquisition Circular (FAC) 2005-32 which amend the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-32 which precedes this document. These documents are also available via the Internet at http://www.regulations.govThis link is to an external site.

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March 31, 2009 Federal Acquisition Regulation; Federal Acquisition Circular 2005-32; IntroductionThis link is to an external site

SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-32. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://acquisition.gov/farThis link is to an external site.

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March 31, 2009 Federal Acquisition Regulation; FAR Case 2009-011, American Recovery and Reinvestment Act of 2009 (the Recovery Act)--GAO/IG Access This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement the American Recovery and Reinvestment Act of 2009 (Recovery Act) with respect to Sections 902, 1514, and 1515 of Division A.

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March 31, 2009 Federal Acquisition Regulation; FAR Case 2009-008, American Recovery and Reinvestment Act of 2009 (the Recovery Act)--Buy American Requirements for Construction Material This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) with respect to the Buy American provision, section 1605 in Division A. This rule does not cover procurements funded with Federal financial assistance such as Federal grants. Additional guidance will be provided by the Office of Management and Budget with respect to the application of section 1605 to procurements funded with Federal financial assistance.

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March 31, 2009 Federal Acquisition Regulation; FAR Case 2008-026, GAO Access to Contractor EmployeesThis link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement Section 871 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (NDAA) (Pub. L. 110-417) which allows the Government Accountability Office to interview current contractor employees during the audit of the contractor's records. FAR 52.215-2(d)(1), Audit and Records-Negotiation, is revised to allow for the required access by inserting before the period: ``and to interview any current employee regarding such transactions''. FAR 52.214-26(c), Audit and Records-Sealed Bidding is revised to allow for the required access by inserting before the period: ``and also the right to interview any current employee regarding such transactions''.

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March 31, 2009 Federal Acquisition Regulation; FAR Case 2009-012, American Recovery and Reinvestment Act of 2009 (the Recovery Act)--Whistleblower ProtectionsThis link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement the American Recovery and Reinvestment Act of 2009 (the Recovery Act) with respect to section 1553 of Division A, Protecting State and Local Government and Contractor Whistleblowers. This rule prohibits non-Federal employers from discharging, demoting, or discriminating against an employee as a reprisal for disclosing information.

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March 31, 2009 Federal Acquisition Regulation; FAR Case 2009-009, American Recovery and Reinvestment Act of 2009 (the Recovery Act)--Reporting RequirementsThis link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 1512 of Division A of the American Recovery and Reinvestment Act of 2009, which requires contractors to report on their use of Recovery Act funds.

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March 31, 2009 Federal Acquisition Regulation; FAR Case 2009-010, American Recovery and Reinvestment Act of 2009 (the Recovery Act)--Publicizing Contract ActionsThis link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Office of Management and Budget (OMB) Guidance M-09-10, dated February 18, 2009, entitled, ``Initial Implementing Guidance for the American Recovery and Reinvestment Act of 2009'' (the Recovery Act), with respect to publicizing contract actions.

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January 30, 2009 FAR Case 2007–013, Employment Eligibility Verification, 5621 [E9–2060]This link is to an external site

SUMMARY: The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have agreed to delay the applicability date of FAR Case 2007-013, Employment Eligibility Verification, to May 21, 2009.

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January 15, 2009 Federal Acquisition Regulation; FAR Case 2000-305, Commercially
Available Off-the-Shelf (COTS) Items
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to implement Section 4203 of the Clinger-Cohen Act of 1996 (41 U.S.C. 431) (the Act) with respect to the inapplicability of certain laws to contracts and subcontracts for the acquisition of commercially available off-the-shelf (COTS) items.

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January 15, 2009 Federal Acquisition Regulation; FAR Case 2001-004, Exemption of Certain Service Contracts from the Service Contract Act (SCA) This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, with changes, the interim rule which amended the Federal Acquisition Regulation (FAR) to revise the current SCA exemption and to add an SCA exemption for contracts for certain additional services that meet specific criteria.

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January 15, 2009 Federal Acquisition Regulation; FAR Case 2004-038, Federal
Procurement Data System (FPDS)
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have adopted as final, with one minor change, the interim rule amending the Federal Acquisition Regulation (FAR) to revise the process for reporting contract actions to the Federal Procurement Data System (FPDS). This final rule revises the definition of indefinite delivery vehicle at FAR 4.601.

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January 14, 2009 Federal Acquisition Regulation; FAR Case 2007-013, Employment
Eligibility Verification

SUMMARY: The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have agreed to delay the effective and applicability dates of FAR Case 2007-013, Employment Eligibility Verification, to January 19, 2009, and February 20, 2009, respectively.

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2008

November 14, 2008 FAR Case 2007-013, Employment Eligibility Verification, 67651–67705 [E8–26904] This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to require certain contractors and subcontractors to use the E-Verify system administered by the Department of Homeland Security, U.S. Citizenship and Immigration Services, as the means of verifying that certain of their
employees are eligible to work in the United States.

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January 15, 2009 Federal Acquisition Regulation; FAR Case 2006-030, Electronic
Products Environmental Assessment Tool (EPEAT)
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to adopt as final, without change, the interim rule published in the Federal Register at 72 FR 73215 on December 26, 2007. The interim rule amended the Federal Acquisition Regulation (FAR) to provide regulations for
purchasing environmentally preferable products and services when acquiring personal computer products such as desktops, notebooks (also known as laptops), and monitors with use of Electronic Products Environmental Assessment Tool (EPEAT) pursuant to the Energy Policy Act of 2005 and Executive Order 13423, ``Strengthening Federal
Environmental, Energy, and Transportation Management.''

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November 14, 2008 Federal Acquisition Circular 2005-29; Introduction, 67650 [E8–26906] This link is to an external site

SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-29. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://www.regulations.gov.

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November 14, 2008 FAR Case 2007-013, Employment Eligibility Verification, 67651–67705 [E8–26904]This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to require certain contractors and subcontractors to use the E-Verify system administered by the Department of Homeland Security, U.S. Citizenship and Immigration Services, as the means of verifying that certain of their
employees are eligible to work in the United States.

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May 16, 2008 Federal Acquisition Regulation: Contractor Compliance Program and Integrity Reporting, 28407–28410 [E8–11137] This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are seeking comments on changes to the proposed rule, FAR Case 2007-006, Contractor Compliance Program and Integrity Reporting [PDF] This link is to an external site, published in the Federal Register at 72 FR 64019, November 14, 2007, for which the initial comment period has closed, that may be included in the final rule. The Councils do not contemplate publishing a final or interim rule until public comments are received and considered on the specific changes discussed further in this document.

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May 5, 2008 Federal Acquisition Regulation (FAR); Semiannual Regulatory Agenda, 24783–24786 [E8–7434] This link is to an external site

SUMMARY: This agenda provides summary descriptions of regulations being developed by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in compliance with Executive Order 12866 ``Regulatory Planning and Review.'' This agenda is being published to allow interested persons an opportunity to participate in the rulemaking process.  The Regulatory Secretariat Division has attempted to list all regulations pending at the time of publication, except for minor and routine or repetitive actions; however, unanticipated requirements may result in the issuance of regulations that are not included in this agenda. There is no legal significance to the omission of an item from this listing. Also, the dates shown for the steps of each action are estimated and are not commitments to act on or by the dates shown.  Published proposed rules may be reviewed in their entirety at the Government's rulemaking website at http://www.regulations.govThis link is to an external site.

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May 1, 2008 Small Business Size Standards; Waiver of the Nonmanufacturer Rule, 24102 [E8–9550]

SUMMARY: The U.S. Small Business Administration (SBA) is granting a waiver of the Nonmanufacturer Rule for Paper Products Manufacturing.  The basis for waiver is that no small business manufacturers are supplying this class of product to the Federal government. The effect of a waiver would be to allow otherwise qualified regular dealers to supply the products of any domestic manufacturer on a Federal contract  set aside for small businesses; service-disabled veteran-owned small  businesses or SBA's 8(a) Business Development Program.

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May 1, 2008 Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 24101–24102 [E8–9552]

SUMMARY: The U.S. Small Business Administration (SBA) is granting a waiver of the Nonmanufacturer Rule for Trash Bags Manufacturing.  The basis for waiver is that no small business manufacturers are supplying this class of product to the Federal government. The effect  of a waiver would be to allow otherwise qualified regular dealers to supply the products of any domestic manufacturer on a Federal contract set aside for small businesses; service-disabled veteran-owned small  businesses or SBA's 8(a) Business Development Program.

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May 1, 2008 Small Business Size Standards: Waiver of the Nonmanufacturer Rule, 24101 [E8–9551] This link is to an external site

SUMMARY: The U.S. Small Business Administration (SBA) is granting a waiver of the Nonmanufacturer Rule for Safety Zone Rubber Gloves Manufacturing.  The basis for waiver is that no small business manufacturers are supplying this class of product to the Federal government. The effect of a waiver would be to allow otherwise qualified regular dealers to supply the products of any domestic manufacturer on a Federal contract set aside for small businesses; service-disabled veteran-owned small businesses or SBA's 8(a) Business Development Program.

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May 1, 2008 Cost Accounting Standards Board: Accounting for the Costs of Employee Stock Ownership Plans (ESOPs) Sponsored by Government Contractors, 23961–23966 [E8–9376] This link is to an external site

SUMMARY: The Cost Accounting Standards Board (the Board), Office of Federal Procurement Policy, has adopted a final rule to amend Cost Accounting Standard (CAS) 412, ``Cost Accounting Standard for composition and measurement of pension cost,'' and CAS 415, ``Accounting for the cost of deferred compensation.'' These amendments address issues concerning the recognition of the costs of Employee Stock Ownership Plans (ESOPs) under Government cost-based contracts and subcontracts. These amendments provide criteria for measuring the costs of ESOPs and their assignment to cost accounting periods. The allocation of a contractor's assigned ESOP costs to contracts and subcontracts is addressed in other Standards.  The amendments also specify that accounting for the costs of ESOPs will be covered by the provisions of CAS 415, ``Accounting for the cost of deferred compensation,'' and not by any other Standard. This rulemaking is authorized pursuant to Section 26 of the Office of Federal Procurement Policy (OFPP) Act.

 

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April 23, 2008 Defense Federal Acquisition Regulation Supplement; Earned Value Management Systems, 21846–21850 [E8–8706]This link is to an external site

SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update requirements for DoD contractors to establish and maintain earned value management systems. The rule also eliminates requirements for DoD contractors to submit cost/schedule status reports.

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April 23, 2008 Defense Federal Acquisition Regulation Supplement; Earned Value Management Systems, 21845 [E8–8695]This link is to an external site

SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 823 of the National Defense Authorization Act for Fiscal Year 2008. Section 823 provides a 5-year extension of the authority for DoD to carry out a pilot program for transition to follow-on contracting after use of other transaction authority.

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April 22, 2008 Technical Amendment, 21800 [E8–8422]This link is to an external site

SUMMARY: This document makes an amendment to the Federal Acquisition Regulation in order to make an editorial change.

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April 22, 2008 Federal Acquisition Circular 2005-25; Small Entity Compliance Guide, 21801–21802 [E8–8419]This link is to an external site

SUMMARY: This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration.  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 rules appearing in Federal Acquisition Circular (FAC) 2005-25 which amend the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-25 which precedes this document. These documents are also available via the Internet at http://www.regulations.gov.

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April 22, 2008 Federal Acquisition Circular 200525; Introduction, 21772–21773 [E8–8402]This link is to an external site

SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-25. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://www.regulations.gov.

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April 22, 2008 FAR Case 2006033; Revisions to the Defense Priorities and Allocations System, 21783–21788 [E8–8451]This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to reflect the President's delegation of the Defense Production Act's priorities and allocations authorities in Executive Order 12919, and to reflect the current provisions of the Defense Priorities and Allocations System (DPAS) regulations of the Department of Commerce outlined in 15 CFR Part 700.

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April 22, 2008 FAR Case 2006-031; Enhanced Access for Small Business, 21799–21800 [E8–8427]This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to implement Section 857 of the John Warner National Defense Authorization Act for Fiscal Year 2007.

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April 22, 2008 FAR Case 2006011; Representations and Certifications Tax Delinquencies, 21791–21799 [E8–8508]This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to add conditions regarding violation of Federal criminal tax laws and delinquent Federal taxes to standards of contractor responsibility, causes for debarment and suspension, and the certifications regarding debarment, suspension, proposed debarment, and other responsibility matters.

 

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April 22, 2008 FAR Case 2004038; Federal Procurement Data System Reporting 21773–21779 [E8–8447]This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to revise the process for reporting contract actions to the Federal Procurement Data
System (FPDS).

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April 22, 2008 FAR Case 2005039; Use of Products Containing Recovered Materials in Service and Construction Contracts, 21789–21790 [E8–8471]

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to clarify language within the FAR on the use of products containing recovered materials, pursuant to the Resource Conservation and Recovery Act of 1976, and Executive Order 13101 ``Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition.''

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April 22, 2008 FAR Case 2005040, Electronic Subcontracting Reporting System, 21779–21783 [E8–8449]

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to require that small business subcontract reports be submitted using the Electronic Subcontracting Reporting System (eSRS), rather than Standard Form (SF) 294 - Subcontract Report for Individual Contracts and Standard Form 295 - Summary Subcontract Report.

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April 8, 2008 Federal Acquisition Regulation; FAR Case 2005-032, Contractor's Request for Progress Payments This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement recommendations to improve the regulations at FAR 32.001, 32.5, and 52.232-16 related to requests for progress payments and the Standard Form (SF) 1443, Contractor's Request for Progress Payments form used to request those progress payments.

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April 2, 2008 Federal Acquisition Regulation; FAR Case 2006-022, Contractor
Performance Information
This link is to an external site

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise the contractor performance information process. The FAR revisions include changes to FAR Parts 2, 9, 13, 17, 36, 42, and 53.

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February 28, 2008   Federal Acquisition Regulation; FAR Case 2007-004, Common Security Configuration Final Rule This link is to an external site

Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to require agencies to include common security configurations in new information technology acquisitions, as appropriate. The revision reduces risks associated with security threats and vulnerabilities and will ensure public confidence in the confidentiality, integrity, and availability of Government information. This final rule requires agency contracting officers to consult with the requiring official to ensure the proper standards are incorporated in their requirements.

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