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United States Department of Commerce
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Contract Law Division
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Other Proposed and Final Regulations DOD IG Comments on SARA Proposed Legislation March 12, 2002. Cover Letter
The Services Acquisition Reform Act of 2002, H.R. 3832, ("SARA"), introduced by Rep. Tom Davis on March 4, 2002 (pdf file)
TITLE I - ACQUISITION WORKFORCE TRAINING Sec. 101. Definition of acquisition. Sec. 102. Acquisition workforce training fund. Sec. 103. Government-industry exchange program. Sec. 104. Reimbursement of costs. Sec. 105. Conforming amendments. Sec. 106. Acquisition workforce recruitment and retention pilot program. Sec. 107. Authorization of telecommuting for Federal contractors. Sec. 108. Architectural and engineering acquisition workforce. TITLE II - ADAPTATION OF BUSINESS ACQUISITION PRACTICES Subtitle A - Adaptation of Business Management Practices Sec. 201. Chief Acquisition Officers. Sec. 202. Increased role for Defense Contract Management Agency. Sec. 203. Study on horizontal acquisition. Sec. 204. Statutory and regulatory review. Subtitle B - Payment Terms Sec. 211. Payment terms. Subtitle C - Acquisitions Generally Sec. 221. Increase in authorization levels of Federal purchase cards. Sec. 222. Reauthorization of franchise funds. Sec. 223. Acquisition protests. Sec. 224. Architectural and engineering services. TITLE III - CONTRACT INCENTIVES Sec. 301. Revisions to share-in-savings initiatives. Sec. 302. Incentives for contract efficiency. TITLE IV - ACQUISITIONS OF COMMERCIAL ITEMS Sec. 401. Preference for performance-based contracting. Sec. 402. Authorization of additional contract types in FAR part 12. Sec. 403. Clarification of commercial services definition. Sec. 404. Designation of commercial business entities. Sec. 405. Continuation of eligibility of contractor for award of information technology contract after providing design and engineering services. Sec. 406. Commercial liability. TITLE V - TECHNOLOGY ACCESS IN A COMMERCIAL ENVIRONMENT Sec. 501. Trade Agreements Act of 1979 exemption for information technology commercial items. Sec. 502. Authorization for acquisition of information technology by State and local governments through Federal supply schedules. Sec. 503. Certain research and development by civilian agencies. TITLE VI - INFLATIONARY ADJUSTMENTS Sec. 601. Simplified acquisition threshold inflation adjustment.
FY 2002 Defense Authorization Act-Conference Report Bill, Bill as approved by the conference on December 12, 2001. See page 256 for TITLE VIII-Acquisition Policy, Acquisition Management, And Related Matters. This is a 2.1 M pdf file. You may wish to download rather than read online.
Fiscal Year 2001 National Defense Authorization Act Pub Law 106-398, 10/30/2000. H. R. 4205 enacted the provisions of H.R. 5408 as introduced on October 6, 2000 into law as Pub Law 106-398.[The main document is a large html file. Smaller chunks are: Division A-thru Title IX, and Division A Title X thru Division B Title XXX and Division C Title XXXI thru XXXVI
Electronic Signatures in Global and National Commerce Act, H. Rept 106-661. Conference report passed June 14, 2000 by House on 426-4 vote. Senate expected to pass on 6/16/2000 and President expected to sign. [PDF File 136K, may wish to download to disk.]
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999.
Approved October 21, 1998. Pub Law 105-277 DIVISION A, Pub Law 105-277 DIVISIONS B-K
Year 2000 Readiness and Responsibility Act Both versions of the proposed statute, H.R. 775 and S. 461, attempt to minimize legal actions relating to Y2K problems. Both html and pdf versions are available
Alternative Dispute Resolution Act of 1998, Pub Law 105-315, October 30, 1998. Act requires alternate dispute resolution procedures in Federal District Courts. Copy here is of enrolled bill H.R.3528
Year 2000 Information and Readiness Disclosure Act, Pub Law 105-271, October 19, 1998. An Act: To encourage the disclosure and exchange of information about computer processing problems, solutions, test practices and test results, and related matters in connection with the transition to the year 2000. Copy here is of enrolled bill S.2392
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, Pub Law 105-261, October 17, 1998. 1999 DOD Authorizations Act. Copy here is of enrolled bill H.R.3616.
Transactions Other Than Contracts, Grants, or Cooperative
Agreements for Prototype Projects 67 FR 54955, August 27, 2002. Final Rule.
SUMMARY: This final rule codifies the conditions for appropriate use
and defines a nontraditional Defense contractor consistent with section
803 of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001. Representatives of the military departments, Defense
agencies and other DoD activities, have agreed on a final rule that
amends the interim rule as a result of comments received. Audit policy
is still being discussed and will be addressed by a separate rule, as
appropriate.
DFARS Case 2001-D017, Defense Federal Acquisition Regulation Supplement; Competition
Requirements for Purchase of Services Under Multiple Award Contracts, 67 FR 15351, April 01, 2002.
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement section 803 of the National
Defense Authorization Act for Fiscal Year 2002. Section 803 requires
DoD to issue DFARS policy requiring competition in the purchase of
services under multiple award contracts. In addition to the request for
written comments on this proposed rule, DoD will hold one or more
public meetings to hear the views of interested parties.
DATES: Submission of comments: Written comments on the proposed rule
should be submitted to the address shown below on or before May 6,
2002, to be considered in the formation of the final rule.
Public meeting: The first public meeting will be held at the
address shown below on April 29, 2002, from 12 p.m. to 3 p.m., local
time.
Circular No. A-76, Transmittal Memorandum No. 23 66 FR 14943, March 14, 2001.
SUMMARY: This Transmittal Memorandum updates the annual Federal pay
raise assumptions and inflation factors used for computing the
Government's in-house personnel and non-pay costs, as generally
provided in the President's Budget for Fiscal Year 2002.
EO 13201, 13202, 13203, 13204 66 FR 11221, February 22, 2001. (pdf file)
Executive Order 13201-Notification of
Employee Rights Concerning Payment of
Union Dues or Fees
Executive Order 13202-Preservation of
Open Competition and Government
Neutrality Towards Government
Contractors' Labor Relations on Federal
and Federally Funded Construction
Projects
Executive Order 13203-Revocation of
Executive Order and Presidential
Memorandum Concerning Labor-Management
Partnerships
Executive Order 13204-Revocation of
Executive Order on Nondisplacement of
Qualified Workers Under Certain
Contracts
Information Technology Accessibility Standards; Final
Rule 65 FR 80499, December 21, 2000.
SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board) is issuing final accessibility standards for electronic
and information technology covered by section 508 of the Rehabilitation
Act Amendments of 1998. Section 508 requires the Access Board to
publish standards setting forth a definition of electronic and
information technology and the technical and functional performance
criteria necessary for such technology to comply with section 508.
Section 508 requires that when Federal agencies develop, procure,
maintain, or use electronic and information technology, they shall
ensure that the electronic and information technology allows Federal
employees with disabilities to have access to and use of information
and data that is comparable to the access to and use of information and
data by Federal employees who are not individuals with disabilities,
unless an undue burden would be imposed on the agency. Section 508 also
requires that individuals with disabilities, who are members of the
public seeking information or services from a Federal agency, have
access to and use of information and data that is comparable to that
provided to the public who are not individuals with disabilities,
unless an undue burden would be imposed on the agency. PDF Version
DATES: Effective Date: February 20, 2001.
Proposed Revision to OMB Guidance on the Implementation of the
FAIR Act. 65 FR 78217, December 14, 2000.
SUMMARY: The Office of Management and Budget (OMB) publishes a request
for agency and public comments on a proposed technical change to the
OMB Circular A-76 Revised Supplemental Handbook to clarify the scope of
the challenge-and-appeals process that is available under the Federal
Activities Inventory Reform Act of 1998 (Pub. L. 105-270) (the "FAIR
Act").
DATES: Agency and public comments on the proposed change are due to OMB
not later than January 16, 2001.
Proposed
Rule; Cost Accounting Standards Board; Accounting for the Costs of Post-
Retirement Benefit Plans Sponsored by Government Contractors
SUMMARY: The Office of Federal Procurement Policy, Cost Accounting
Standards Board (CASB), invites public comments on a proposed Cost
Accounting Standard (CAS) on the costs of post-retirement benefit plans
to be recognized as contract cost under Government cost-based contracts
and subcontracts. This is a new Standard that would directly address
the costs of post-retirement benefit plans for the first time in
detail. The proposed Standard provides criteria for measuring the costs
of post-retirement benefit plans, assigning the measured costs to cost
accounting periods, and allocating the assigned costs to segments of an
organization. The allocation of a segment's assigned post-retirement
benefit costs to contracts and subcontracts is addressed in other
existing Standards. The proposed Standard also provides for the
adjustment of post-retirement benefit costs for the effect of a
curtailment of a post-retirement benefit plan, a settlement of a post-
retirement benefit obligation, a granting of termination benefits, a
termination of a post-retirement benefit plan, or a segment closing.
DATES: Comments must be in writing and must be received by December 19,
2000. PDF Version 316K
Proposed Rule -Patent Rights Clause, 65 FR 54826, September 11, 2000
Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts, and Cooperative
Agreements; Special Contracts To Provide Support Services for a
Government-Owned and -Operated Laboratory Under a Cooperative Research
and Development Agreement (CRADA) With a Collaborating Party
SUMMARY: This proposed rule would authorize Federal agencies to use an
alternate patent rights clause in certain contracts with nonprofit
organizations and small business firms to provide support services at a
Government-owned and -operated laboratory in connection with a CRADA
between the laboratory and a collaborating party.
DATES: Comments must be received on or before October 11, 2000. PDF Version
Service Contract Act; Labor Standards for Federal Service
Contracts; Final Rule. 65 FR 45903, July 26, 2000.
SUMMARY: Pursuant to Section 4(b) of the McNamara-O'Hara Service
Contract Act (SCA), the Department of Labor (DOL or the Department) is
issuing a temporary exemption from coverage for certain subcontracts
for commercial services. On this same date, the Department of Labor is
separately proposing a similar exemption for both prime contracts and
subcontracts. This exemption mirrors the subcontract portion of the
proposed rule and will remain in effect for the period of one year or
until final action is taken on the DOL proposed exemption for both
prime and subcontracts, whichever occurs first. The exemption for
subcontracts was determined to be necessary and proper in the public
interest to avoid the serious impairment of government business, and is
in accord with the remedial purpose of the SCA to protect prevailing
labor standards. PDF Version
EFFECTIVE DATE: August 25, 2000.
Cost Accounting Standards Board; Applicability, Thresholds and Waiver of Cost Accounting Standards Coverage; Final Rule65 FR 36767, June 9, 2000.
SUMMARY: The Office of Federal Procurement Policy, Cost Accounting
Standards Board, is revising applicability, thresholds and procedures
for the application of the Cost Accounting Standards (CAS) to
negotiated government contracts. This rulemaking is authorized pursuant
to Section 26 of the Office of Federal Procurement Policy Act. The
Board is taking final action on this topic in order to adjust CAS
applicability requirements and dollar thresholds in accordance with the
provisions of the National Defense Authorization Act for Fiscal Year
2000.
DATES: This final rule is effective June 9, 2000.
Government Contractors; Affirmative Action Requirements 65 FR 26087, May 4, 2000.
SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) is
proposing to revise certain regulations implementing Executive Order
11246, as amended. The Executive Order prohibits Government contractors
and subcontractors, and federally assisted construction contractors and
subcontractors, from discriminating in employment, and requires these
contractors to take affirmative action to ensure that employees and
applicants are treated without regard to race, color, religion, sex, or
national origin. Today's proposal would refocus, revise, and
restructure 41 CFR Part 60-2, the regulations that establish the
requirements for affirmative action programs, and related sections in
41 CFR Part 60-1. The proposal would refocus the regulatory emphasis
from the development of a written document that complies with highly
prescriptive standards, to a performance based standard that
effectively implements an affirmative action program into the overall
management plan of the contractor. The proposal also would introduce a
new tool that would aid contractors in assessing their pay and other
personnel practices, while increasing the efficiency and effectiveness
of program monitoring. This tool, the Equal Opportunity Survey, would
be primarily submitted electronically.
The proposal would help fulfill the Administration's Equal Pay
Initiative to provide contractors with the necessary tools to assess
and improve their pay policies. The proposal also would help fulfill
the Department's goal of increasing the number of federal contractors
brought into compliance. A means to fulfill that goal is for OFCCP to
more effectively monitor the pay practices of federal contractors.
In addition, today's proposal to revise and restructure the
regulations relating to affirmative action programs is part of OFCCP's
continuing efforts to meet the objectives of the Reinventing Government
Initiative. These objectives include obtaining input from those most
directly affected by the regulations, reducing paperwork and compliance
burdens wherever possible, more effectively focusing Government
resources where most needed in order to administer the law most
efficiently, making the regulations easier to understand by
streamlining and simplifying them and writing them in plain language,
and updating the regulations to accommodate modern organizational
structures and to take advantage of new technologies.
DATES: To be assured of consideration, comments must be in writing and
must be received on or before July 3, 2000. PDF Version
Procedures and Guidance; Implementation of the Government
Paperwork Elimination Act 65 FR 25508, May 2, 2000.
SUMMARY: The Office of Management and Budget (OMB) provides procedures
and guidance to implement the Government Paperwork Elimination Act
(GPEA). GPEA requires Federal agencies, by October 21, 2003, to allow
individuals or entities that deal with the agencies the option to
submit information or transact with the agency electronically, when
practicable, and to maintain records electronically, when practicable.
The Act specifically states that electronic records and their related
electronic signatures are not to be denied legal effect, validity, or
enforceability merely because they are in electronic form, and
encourages Federal government use of a range of electronic signature
alternatives. PDF Version
Cost Accounting Standards Board; Applicability, Thresholds and Waiver of Cost Accounting Standards
Coverage; Final Rule, 65 FR 5989, February 7, 2000. ACTION: Interim Rule. SUMMARY: The Office of Federal Procurement Policy, Cost Accounting
Standards Board, is revising applicability, thresholds and procedures
for the application of the Cost Accounting Standards (CAS) to
negotiated government contracts. This rulemaking is authorized pursuant
to Section 26 of the Office of Federal Procurement Policy Act, 41
U.S.C. 422. The Board is taking action on this topic in order to adjust
CAS applicability requirements and dollar thresholds in accordance with
the provisions of the National Defense Authorization Act for Fiscal
Year 2000, Pub. L. 106-65.
DATES: The effective date of this interim rule is April 2, 2000.
Comments on the rule must be submitted in writing, by letter, and must
be received by April 7, 2000.
ADDRESSES: Comments should be addressed to Richard C. Loeb, Executive
Secretary, Cost Accounting Standards Board, Office of Federal
Procurement Policy, 725 17th Street, NW, Room 9013, Washington, DC
20503. Attn: CASB Docket 00-01. The submission of public comments via
the Internet by ``E-mail'' will not satisfy the specified requirement
that public comments must be submitted in writing, by letter, as
receipt of a readable data file cannot be assured.
Inventories-Federal Activities Inventory Reform Act of 1998. 64 FR 73595, December 30, 1999. SUMMARY: The Office of Management and Budget (OMB) hereby announces that the FAIR Act Commercial Activities Inventories are now available to the public from the agencies listed below.
Inventories-Federal Activities Inventory Reform Act of 1998. 64 FR 58461, October 29, 1999. SUMMARY: The Office of Management and Budget (OMB) hereby announces that the FAIR Act Commercial Activities Inventories are now available to the public from the agencies listed below.
OFPP Policy Letter 99-1 on Small Business Procurement Goals
64 FR 54918, October 8, 1999.
SUMMARY: OFPP is issuing OFPP Policy Letter 99-1 which contains
guidance on implementing government-wide goals for procurement
contracts awarded to small businesses, HUBZone small businesses, small
disadvantaged businesses, and women-owned small businesses. The goals
for each of these small business categories are stated as a percentage
of overall Federal procurement dollars. The policy letter also provides
guidance on reporting requirements that will help the Small Business
Administration (SBA) determine whether executive agencies are reaching
these goals. This policy letter supersedes OFPP Policy Letter 91-1. As
a result of comments received following publication of the proposed
policy letter in the Federal Register on April 2, 1999 (64 FR 16003),
we are making minor changes to the policy letter as follows:
(1) The
title of the policy letter is shortened to read: ``Small Business
Procurement Goals''
(2) A new subparagraph is added in Section 6 to
make clear that--in addition to working with each agency to establish
goals for awarding prime contracts--SBA also negotiates with the
agencies goals for subcontract awards made by prime contractors; and
(3) The last sentence in Section 7a.2 is revised to make clear that an
agency's narrative report should include plans for improvement if the
agency fails to achieve their small business goals.
Pdf Version
EFFECTIVE DATE: November 8, 1999.
Inventories-Federal Activities Inventory Reform Act of 1998. 64 FR 52809, September 30, 1999. SUMMARY: The Office of Management and Budget (OMB) hereby announces that the FAIR Act Commercial Activities Inventories are now available to the public from the agencies listed below.
Final Rule on, and Codification of, Prompt Payment Act Regulations.
64 FR 52579, September 29, 1999.
SUMMARY: OMB is issuing final revisions to its rules on the Prompt
Payment Act, which have been found in Circular A-125. The revisions
address the increased use of electronic commercial financial systems;
promote the use of government credit cards and accelerated payment
methods; reflect new requirements of the Debt Collection Improvement
Act of 1996 and the recent repeal of the annual agency Prompt Payment
reporting requirement; clarify and simplify language; and announce a
toll-free number and internet website for Prompt Payment Act
information. Finally, in addition to revising the Prompt Payment rules,
OMB is also adopting them as codified regulations in the Code of
Federal Regulations. OMB's issuance of codified regulations has the
effect of superceding and rescinding Circular A-125 (``Prompt
Payment''). Pdf Version
DATES: Effective Date: The regulations are effective October 29, 1999.
Implementation of the Federal Activities Inventory Reform Act of 1998. 64 FR 33927, June 24, 1998. SUMMARY: The Office of Management and Budget (OMB) hereby issues guidance to implement the ``Federal Activities Inventory Reform Act of 1998''. To facilitate and ensure agency implementation of the ``Federal Activities Inventory Reform Act of 1998'' (Public Law 105-270) (``FAIR Act''), OMB is revising its existing guidance on the management of commercial activities through revisions to OMB Circular A-76, ``Performance of Commercial Activities,'' and to its Supplemental Handbook. These revisions inform agencies of the FAIR Act's requirements; implement the statutory requirements of the FAIR Act; avoid duplication and confusion by conforming guidance to the FAIR Act, and place the FAIR Act's requirements in the context of the Federal Government's larger reinvention, competition and privatization efforts. PDF Version.
OFPP Policy Letter 99-X on Promoting Subcontracting Opportunities and Administering Subcontracting Plans. 64 FR 16001, April 2, 1999. ACTION: OFPP is requesting comments on a policy letter supplementing
the Federal Acquisition Regulation (FAR) to further promote
subcontracting opportunities for small, small disadvantaged, and women-
owned small business concerns.
SUMMARY: This policy letter supersedes and cancels OFPP Policy Letters
80-1, 80-2, and 80-4. It supplements FAR coverage of subcontracting
opportunities for small, small disadvantaged, and women-owned small
business concerns. The current trend toward contract consolidation may
impact these small business concerns' ability to compete as prime
contractors. We are issuing this policy letter to enhance
subcontracting opportunities for such concerns.
COMMENT DATE: Comments must be received on or before June 1, 1999. PDF Version, Letters 99-X and 99-1
Proposed Implementation of Government Paperwork Elimination Act (GPEA). 64 FR 10895, March 5, 1999 The Office of Management and Budget (OMB) requests public and agency comment on proposed procedures and guidance to implement the Government Paperwork Elimination Act (GPEA). Under the GPEA, agencies must generally provide for the optional use and acceptance of electronic documents and signatures, and electronic record keeping where practicable, by October 2003. Comments should be submitted by July 5, 1999. PDF Version
FAA Proposed Rule August 25, 1998. Procedures for Protests and Contract Disputes; Amendment of Equal Access to Justice Act Regulations SUMMARY: This document proposes regulations for the conduct of protests and contract disputes under the Federal Aviation Administration Acquisition Management System. The proposed regulations set forth procedures for the efficient management of protests and contract disputes within the Federal Aviation Administration procurement system. The regulations would allow protesters and contractors a uniform, economical means of pursuing protests and contract disputes with the Federal Aviation Administration. Also, the Federal Aviation Administration regulations governing the application for, and award of, Equal Access to Justice Act fees are amended to include procedures applicable to the resolution of protests and contract disputes under the Acquisition Management System, and to conform to the current Equal Access to Justice Act statute.
HUBZone Empowerment Contracting Program-FINAL RULE, 63FR31896
June 11, 1998. SUMMARY: The HUBZone Act of 1997, Title VI of Public Law 105-135,
enacted on December 2, 1997 (111 Stat. 2592), created the HUBZone
Empowerment Contracting Program (hereinafter ``the HUBZone Program'').
This final rule adds a new Part 126 to Title 13 of the Code of Federal
Regulations to implement the HUBZone program.
Pdf version.
The effective date of this rule is September 9, 1998
GSA Final Rule for Acquisition of Commercial Items The final GSA Acquisition Regulations for Acquisition of Commercial Items and Small Entity Compliance Guide was issued on August 21, 1997. The copy here is a pdf version.
Commerce Proposed Empowerment Contracting Rules 5/20/97PDF Version