Federal Register | The Contracting Education Academy

December 12, 2016 By AMK

Breaking the ‘institutional density’ of industry, government communications

Two mythbusters memos from the Office of Federal Procurement Policy (OFPP); the reestablishment of the Frontline Forum for contracting officers; a host of Web and in-person educational sessions over the last five years, and still the idea that government and industry can communicate about contracts is hard for many acquisition workers to grasp.

federal-register-tilted Someone called it a matter of breaking through the “institutional density” of an organization.

The latest attempt to break through that historic blockage is a proposed rule by the Federal Acquisition Regulatory Council in Nov. 29’s Federal Register.

The proposed rule says “government acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing laws and regulations, and promote a fair competitive environment.”

Keep reading this article at: http://federalnewsradio.com/reporters-notebook/2016/12/breaking-institutional-density-industry-government-communications/

October 19, 2016 By AMK

FAR Councils make 10 FAR changes in end-of-fiscal-year blitz

On the last day of fiscal year 2016, the Federal Acquisition Regulation (FAR) Councils issued ten FAR amendments — nine final and one interim — on a broad range of topics.

FAR One rule imposes new risks for contractors with delinquent taxes or felony convictions. Other rules address small business concerns by providing new authority for women-owned small business sole source awards and amending the current policy against unnecessary or unjustified consolidation. Another confirms a previously imposed cap on allowable employee compensation and another may open up new sources of services and supplies in Ukraine and Moldova.

Many of these final rules are implementations of previously issued “interim” rules that have been in effect for the past year or two. All of the new rules were published on Sept. 30, 2016.

A summary of these ten amendments, with links to the Federal Register, appears here: http://www.mondaq.com/article.asp?articleid=533410.

January 19, 2016 By AMK

Proposed DFARS amendment would augment multi-year contract oversight

A proposed rule issued by the Defense Department would allow Congress to put DoD’s multi-year contracts on a shorter leash.

The proposal, which the Federal Register published Dec. 30, 2015 seeks to amend the Defense Federal Acquisition Regulation Supplement (DFARS) and implement a requirement under the 2015 National Defense Authorization Act (NDAA).

The proposal would require Congressional defense committees to be notified 30 days before a multi-year contract is terminated.

The NDAA also requires the DFARS to clarify that a multi-year contract can’t be entered into unless the Secretary of Defense certifies in writing no later than 30 days before the contract’s award that it meets certain requirements.

Keep reading this article at: http://www.fiercegovernmentit.com/story/proposed-dfars-amendment-would-augment-multi-year-contract-oversight/2016-01-06

See the proposed rule in the Federal Register at: https://www.federalregister.gov/articles/2015/12/30/2015-32873/defense-federal-acquisition-regulation-supplement-multiyear-contract-requirements-dfars-case

October 1, 2015 By AMK

Reminder: Selected federal acquisition thresholds change today

As we first informed you on July 8, some of the Federal Acquisition Regulation (FAR) dollar thresholds change effective October 1, 2015.

The inflationary adjustments to the thresholds are summarized below, inluding references to the applicable FAR parts:

The micro-purchase threshold of $3,000 increases to $3,500 (FAR 2.101).
The threshold for use of simplified acquisition procedures for acquisition of commercial items increases from $6.5 million to $7 million (FAR 13.500).
The cost or pricing data threshold (FAR 15.403-4) and the Cost Accounting Standards threshold (FAR 30.201-4 and FAR clause 52.230-5) increases from $700,000 to $750,000.
The prime contractor subcontracting plan floor increases from $650,000 to $700,000. The subcontracting plan threshold for construction contracts remains the same at $1.5 million (FAR 19.702).
The threshold for reporting first-tier subcontract information, including executive compensation, increases from $25,000 to $30,000 (FAR Subpart 4.14 and FAR clause 52.204-10).
The threshold for including the clause requiring contractors to provide equal employment opportunities to veterans increases from $100,000 to $150,000 (FAR 22.1303 and FAR clause 52.222-35).
The threshold requiring contractors to flowdown the clause regarding a contractor’s Code of Business Ethics and Conduct increases from $5 million to $5.5 million (FAR clause 52.203-15).
The threshold restricting subcontracts with a contractor that has been debarred, suspended, or proposed for debarment increases from $30,000 to $35,000 (FAR 9.409 and FAR clause 52.209-6).

Other FAR-prescribed dollar thresholds do not change at this time. For instance, the simplified acquisition threshold of $150,000 (FAR 2.101) remains unchanged, and FedBizOpps preaward and postaward notices (FAR Parts 5.101 and 5.301) remain at $25,000..

September 14, 2015 By AMK

SBA rule authorizes sole source awards to WOSBs and EDWOSBs

The Small Business Administration (SBA) published a rule today (Sept. 14, 2015) allowing sole source awards to Women-Owned Small Businesses (WOSBs) or Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) in appropriate circumstances.

The new rule changes existing SBA regulations in order to conform to section 825 of the FY15 National Defense Authorization Act (NDAA).

The rule is effective October 14, 2015. The Federal Acquisition Regulations (FAR) will need to be amended to include the sole source authority so that there is no conflict between the SBA’s rules and the FAR.

The sole source authority can only be used where a contracting officer (CO) conducts market research in an industry where a WOSB or EDWOSB set-aside is authorized, and the CO cannot identify two or more WOSBs or EDWOSBs that can perform at a fair and reasonable price, but identifies one WOSB or EDWOSB that can perform. In addition, the sole source authority for WOSBs and EDWOSBs is limited to contracts valued at $6.5 million or less for manufacturing contracts and $4 million or less for all other contracts.

The rule is published in the Federal Register at: https://www.federalregister.gov/articles/2015/09/14/2015-22927/women-owned-small-business-federal-contract-program#h-16

On the last day of fiscal year 2016, the Federal Acquisition Regulation (FAR) Councils issued ten FAR amendments — nine final and one interim — on a broad range of topics.

A proposed rule issued by the Defense Department would allow Congress to put DoD’s multi-year contracts on a shorter leash.

As we first informed you on July 8, some of the Federal Acquisition Regulation (FAR) dollar thresholds change effective October 1, 2015.

The Small Business Administration (SBA) published a rule today (Sept. 14, 2015) allowing sole source awards to Women-Owned Small Businesses (WOSBs) or Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) in appropriate circumstances.

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