reporting requirements | The Contracting Education Academy

December 13, 2019 By cs

New FAR rule expands counterfeit reporting obligations

The FAR Council has issued a Final Rule, setting forth new FAR provisions that require the reporting of certain counterfeit and suspect counterfeit parts and certain major or critical nonconformances to the Government-Industry Data Exchange Program (GIDEP).

This Final Rule comes more than five years after the rule was first proposed in the Federal Register in June 2014.

The FAR Council describes the Final Rule as “significantly de-scoped” from the version proposed in 2014, but it nonetheless constitutes a significant expansion of the existing counterfeit part reporting obligations, which to date have applied only to electronic parts under DOD contracts.

The new implementing clause is found at FAR 52.246-26.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2019/11/new-far-rule-expands-counterfeit-reporting-obligations/

September 23, 2019 By cs

First wave of acquisition prohibitions take effect

The FAR Council released an Interim Rule in August implementing part of Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

In this briefing, we highlight points where the Interim Rule provides clarity; definitional issues that remain unresolved; and new procedural requirements that government contractors should track.

The Interim Rule covers the portion of Section 889, subsection (a)(1)(A), that prohibits the federal government from acquiring certain telecommunications equipment/services from Huawei, ZTE, and other Chinese companies. Specifically: “The head of an executive agency may not … procure or obtain or extend or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.”

Section (a)(1)(A) took effect on August 13, 2019, although a 60-day window remains open for stakeholders to submit comments to be considered in the development of a final rule. Comments on the (a)(1)(A) Interim Rule are due by October 15, 2019.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2019/09/section-889-update-first-wave-of-acquisition-prohibitions-take-effect/

July 7, 2017 By AMK

OMB orders elimination of dozens of agency reporting requirements

The Office of Management and Budget (OMB) announced that it will be eliminating numerous paperwork requirements for federal agencies.

The announcement was made in a memo issued this week in which OMB director Mick Mulvaney said that the Trump Administration is continuing its effort to make government more efficient.

“In support of the President’s Management Agenda and the belief that the Federal Government can – and should – operate more effectively and efficiently, the Office of Management and Budget (OMB) is taking action to identify low-value, duplicative, and obsolete activities that can be ended,” wrote Mulvaney in the memo.

He noted, however, that only reporting requirements are being eliminated and said that care is still required and expected. “I don’t think anybody perceives this as license to start goofing off again,” said Mulvaney.

Keep reading this article at: https://www.fedsmith.com/2017/06/16/omb-orders-elimination-dozens-agency-reporting-requirements/

See OMB memo here: https://www.scribd.com/document/351498673/OMB-Memo-Re-Reducing-Regulatory-Burden-for-Federal-Agencies#from_embed

August 31, 2016 By AMK

‘Fair Pay and Safe Workplaces’ final rule and guidance released

Just in time for Labor Day, the Labor Department and FAR Council issued a final rule and accompanying “Guidance” to implement the Fair Pay and Safe Workplaces Executive Order.

Fair Pay & Safe Workplaces 2016 The new regulations will take effect on October 25, 2016. The regulations—which run to nearly 900 pages—contain a number of changes from the proposed regulations to demonstrate that the Department listened to stakeholders during the lengthy comment period.

Despite some concessions to industry comments, the final regulations still establish substantial compliance obligations.

In light of those burdens, the contracting community is well advised to invest time to understand these provisions. In this post, we summarize key changes and examine the way ahead for contractors.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2016/08/fair-pay-safe-workplaces-final-rule-guidance-released/

January 31, 2014 By AMK

DoD re-emphasizes importance of contractor past-performance reporting

The Defense Department’s contracting chief, Frank Kendall, has called for renewed emphasis on the importance of agency reporting on contractor performance.

In a January 9, 2014 memorandum to the Department of Defense (DoD) acquisition workforce, DoD Undersecretary for Acquisition, Technology and Logistics points out that while the reporting goal for FY14 is 95 percent, compliance with the goal is at only 81.5 percent department-wide.

Only first quarter FY14 data are available at this point. Past performance reports are to be filed in Past Performance Information Retrieval System (PPIRS).

An analysis of first quarter FY14 data shows that while five units within DoD have a reporting record of 90 percent or better, there are eight DoD units with 50 percent or lower reporting compliance. Most of these are small units with a small amount of contracting activity.

A DoD unit with a significant number of contract closeouts coupled with a high rate of reporting non-compliance is the Defense Contract Management Agency (DCMA). DCMA’s reporting percentage is 68.5 percent.

The Navy, Army and Air Force have the highest numbers of contracts and contract closeouts. While their levels of reporting are relatively high (85, 78, and 87 percent, respectively), each has a high number of overdue reports as of the end of the first quarter. The Army has 8,810 past due reports, while the Navy and Air Force have 3,023 and 1,737 late reports, respectively.

The memorandum and its attachment can be seen here: USA000068-14-DPAP.

The FAR Council has issued a Final Rule, setting forth new FAR provisions that require the reporting of certain counterfeit and suspect counterfeit parts and certain major or critical nonconformances to the Government-Industry Data Exchange Program (GIDEP).

The FAR Council released an Interim Rule in August implementing part of Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.

The Office of Management and Budget (OMB) announced that it will be eliminating numerous paperwork requirements for federal agencies.

Just in time for Labor Day, the Labor Department and FAR Council issued a final rule and accompanying “Guidance” to implement the Fair Pay and Safe Workplaces Executive Order.

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