FAR Council finalizing nine rules in 2013

Friday - 1/11/2013, 8:10pm EST

Jason Miller, executive editor, Federal News Radio

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The Federal Acquisition Regulations Council is expected to finalize as many as nine new regulations in 2013.

The FAR Council and agencies released details of procurement policy changes in the semi-annual regulatory agenda.

Below is a roundup of some of the most significant upcoming proposed and final rules.




FAR Rules

Rule

Stage

Timetable

Accelerated payments to small business contractors Proposed FAR Council issued a proposed rule Dec. 19. Comments are due Feb. 19.
Performance of inherently governmental and critical functions to implement the OMB policy letter from September 2011. Proposed April 2013
Addresses organizational conflict of interest as required under the 2009 Defense Authorization Act. Final April 2013
Privacy training for vendors to ensure they meet the requirements to handle and protect personally identifiable information (PII). Final Early April 2013
To safeguard contractor information systems that contain government or other public information, or data that is created for the government and will reside on or transmit through contractor systems. Final April 2013
Additional guidance for when agencies should raise the ceiling price or change the scope of work for time-and-materials or labor-hours contracts. Final April 2013

General Services Administration

Rule

Stage

Timetable

Rewrite sections that govern contracting actions under the Federal Supply Schedules Final September 2013

Homeland Security Department

Rule

Stage

Timetable

Require time-and-materials or labor hours contracts to include separate labor rates for subcontractors and the approach to record and bill for labor hours for prime and subcontractors. Final to be determined

Defense Department

Rule

Stage

Timetable

Requiring vendors to safeguard unclassified information on their systems. Propose March 2013
Create a checklist for contractors to complete under solicitations that require the submission of certified cost or pricing data. Final February 2013

Small Business Administration

Rule

Stage

Timetable

A comprehensive revision of the HUBZone program in order to streamline it and easy program eligibility requirements. Proposed October 2013
Addresses intentional misrepresentation of small business status to the government, and requires annual certification of size before being listed in the governmentwide System for Award Management. Final March 2013
Construction company size standard, including land subdivision, dredging and surface cleanup activities and other heavy and civil engineering construction activities. Final March 2013
Small Business Innovation Research Program changes to address ownership, control and affiliation regulations. Final Early 2013
Subcontracting compliance to require prime contractors to represent that it will meet the subcontracting goals detailed in its plan when awarded the contract. The prime contractor also must notify the contracting officer within 90 days if they pay a lower price to the subcontractor for work than stated in the bid. Final March 2013