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FAR Alert Notice (FAN)

Issuance of Proposed Rules and Federal Acquisition Circular 2005-87

 This FAR Alert Notice (FAN) provides awareness to the acquisition workforce about upcoming regulatory changes.[1]  This FAN highlights noteworthy proposed and final rules recently published in the released Federal Acquisition Circular (FAC) that impact the acquisition workforce.[2]

[1]This FAR Alert was established by the Office of Federal Procurement Policy (OFPP) in 2012 to help improve agency awareness of regulatory changes.  GSA prepares the FAN for dissemination to the acquisition workforce via the FAI website. Questions about the individual rules should be directed to the analyst in the Federal Register Notice.    

[2] Proposed rules announce future changes being considered to the Code of Federal Regulations (CFR), include proposed regulatory text, and solicit public comments.  Interim rules announce immediate changes to the CFR are effective immediately upon publication, or on a specified date after publication, but may be amended based on public comment.  Final rules make permanent changes to the FAR after considering public comment.  Final rules are effective on a specified date after publication. 

FAC 2005-87 List of Subject                                                                                                                

I. Information on Corporate Contractor Performance and Integrity

II. Technical Amendment

Proposed Rules

SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these rules, refer to the specific item numbers and subjects set forth in the documents following these item summaries. FAC 2005–87 amends the FAR as follows:

I. Information on Corporate Contractor Performance and Integrity (FAR Case 2013-020)

This final rule amends the FAR to implement a section of the National Defense Authorization Act for Fiscal Year 2013 to include in the Federal Awardee Performance and Integrity Information System, to the extent practicable, identification of any immediate owner or subsidiary, and all predecessors of an offeror that held a Federal contract or grant within the last three years. The objective is to provide a more comprehensive understanding of the performance and integrity of the corporation before awarding a Federal contract.

II. Technical Amendment Corrections

Editorial changes are made at FAR 4.1703(a)(1), 22.1904(b)(1), 25.1102(d)(3), 36.607(b), 52.212-3(h) through (j), 52.212-3(p), and (p) of Alternate I, 52.212-5(c)(8), (e)(1)(xv), (e)(1)(ii)(N) of Alternate II, and 52.213-4(b)(1)(ix).

Subpart 4.17 Service Contracts Inventory

Subpart 13.5 Simplified Procedures for Certain Commercial Item

Subpart 22.19 Establishing a Minimum Wage for Contractors

Subpart 25.11 Solicitation Provisions and Contract Clauses

Subpart 36.6 Architect-Engineer Services


SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement section 852 of the National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2013 to include in the Federal Awardee Performance and Integrity Information System (FAPIIS), to the extent practicable, identification of any immediate owner or subsidiary, and all predecessors of an offeror thatheld a Federal contract or grant withinthe last three years. The objective is to provide a more comprehensive understanding of the performance and integrity of the corporation before awarding a Federal contract.
DATES: Effective: April 6, 2016.

FAC 2005-–87 04-06-2016

SUPPLEMENTARY INFORMATION:

DoD, GSA, and NASA published a proposed rule in the Federal Register at 79 FR 71975 on December 4, 2014. The comment period closed on February 2, 2015. Two respondents submitted comments on the proposed rule. The final rule implements section 852 of the NDAA for FY 2013 (Pub. L. 112– 239) with regard to Federal contracts. Section 852 requires that the FAPIIS include, to the extent practicable, information on any parent, subsidiary, or successor entities to a corporation in a manner designed to give the acquisition officials using the database a comprehensive understanding of the performance and integrity of the corporation in carrying out Federal contracts and grants. This final rule addresses the collection of information with regard to offerors that are responding to a solicitation for a Federal contract. The data on the immediate owner and direct subsidiaries of an entity will be available through FAPIIS, based on the data obtained from offerors in response to the FAR provision 52.204–17, Ownership or Control of Offeror, which was published in the Federal Register at 79 FR 31187 on May 30, 2014, as a final rule under FAR Case 2012–024.

Applicability 

Based on determinations by the FAR signatories (DoD, GSA, and NASA) and the Administrator for Federal Procurement Policy, in accordance with 41 U.S.C. 1905, 1906, and 1907, this
rule applies to all solicitations and resultant contracts, including contracts and subcontracts for acquisitions in amounts not greater than the simplified acquisition threshold, and contracts and subcontracts for the acquisition of commercial items, (including commercially available off-the-shelf items). Because the emphasis of section 852 of the NDAA for FY 2013 (Pub. L. 112–239) is to provide acquisition officials using FAPIIS with a comprehensive understanding of the performance and integrity of the corporation in carrying out Federal contracts, it is not in the best interest of the Federal Government to waive the applicability of section 852 to contracts and subcontracts in amounts not greater than the simplified acquisition threshold, or for the acquisition of commercial items (including COTS items).

Executive Order 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs Subpart 36.6—Architect-Engineer Services

This FAR Alert was established by the Office of Federal Procurement Policy (OFPP) in 2012 to help improve agency awareness of regulatory changes. GSA prepares the FAN for dissemination to the acquisition workforce via the FAI website. Questions about the individual rules should be directed to the analyst in the Federal Register Notice.
Proposed rules announce future changes being considered to the Code of Federal Regulations (CFR), include proposed regulatory text, and solicit public comments. Interim rules announce immediate changes to the CFR are effective immediately upon publication, or on a specified date after publication, but may be amended based on public comment. Final rules make permanent changes to the FAR after considering public comment. Final rules are effective on a specified date after publication. 

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Joint A Large Team-Member Ready to Aiming at 2017 Federal Wide-Open Business.

"In accordance with FAR Subpart 19.7 The Small Business Subcontracting Program". 

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Deign-Bid-Build, IDIQ, MATCO, Property Facility Managements, Global Manufacturing,  Maintenance and RFP Contracts. 

 "In compliance with FAR Part 9 Contractor Qualifications - FAR Part 12 Acquisition Of Commercial Items  - FAR Part 13 Simplified Acquisition Procedures - FAR Part 15 Contracting By Negotiation - FAR Part 16 Types Of Contracts - FAR Part 36 Construction and Architect-Engineer Contracts - FAR Part 46 Quality Assurance (et seq.)"

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