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FAR Alert Notice (FAN)

Issuance of Proposed Rules and Federal Acquisition Circular 2005-81_82

 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. 

Rules at a Glance                                                                                                                 

Proposed Rules

FAR Case 2014-026, High Global Warming Potential Hydrofluorocarbons

FAC 2005-81 (published on April 10, 2015) FAR Case 2015-013, Further Amendments to Equal Employment Opportunity

FAC 2005-82 (published on May 7, 2015) FAR Case 2014-013, Equal Employment and Affirmative Action for Veterans and Individuals with Disabilities FAR Case 2013-012, Review and Justification of Pass-Through Contracts FAR Case 2014-010, Enhancements to Past Performance Evaluation Systems

Proposed Rules

FAR case 2014-026, High Global Warming Potential Hydro-fluorocarbons,

Published on May 11, 2015. This proposed rule proposes to amend the FAR to implement Executive branch policy in the President’s Climate Action Plan to procure, when feasible, alternatives to high global warming potential (GWP) hydrofluorocarbons (HFCs). The public comment period closes July 10, 2015.

48 CFR Parts 1, 2, 7, 11, 23, 25, and 52

[FAR Case 2014–026; Docket No. 2014– 0026; Sequence No. 1]

RIN 9000–AM87 Federal Acquisition Regulation; High Global Warming Potential Hydrofluorocarbons

I. Background

DoD, GSA, and NASA are proposing to revise the FAR to implement Executive branch policy in the President’s Climate Action Plan to procure, when feasible, alternatives to high GWP HFCs and allow agencies to better meet the greenhouse gas emission reduction goals and reporting requirements formerly required by Executive Order (E.O.) 13514, and now required by E.O. 13693, Planning for Federal Sustainability in the Next Decade.

II. Discussion and Analysis
A. Policy and Procedures Accordingly, DoD, GSA, and NASA are proposing to amend FAR subpart 23.8 to include— (1) A policy statement at FAR 23.802 reflecting the Government’s commitment to minimize the procurement and the potential use, release, or emission of high GWP HFCs that contribute to climate change; and (2) Procedures at FAR 23.803 that address substitution of lower GWP alternatives where feasible, and referring to EPA’s SNAP program to identify acceptable alternatives.

B. Clauses The proposed rule includes contract clauses, prescribed at FAR 23.804, that— • Give direction to contractors to take steps in furtherance of this policy (including, when feasible, reducing the amount of HFC emissions and substituting lower GWP alternatives as part of the normal equipment maintenance and replacement process); and • Require limited contractor reporting (i.e., the amount in pounds of HFCs or refrigerant blends containing HFCs in the equipment and appliances delivered to the Government and the amount in pounds of HFCs or refrigerant blends containing HFCs added or taken out of equipment or appliances during maintenance, service, repair, or disposal, which contractors may track as part of billing the Government), so that the Government can track progress and impact of products (equipment and appliances) procured and delivered with HFCs or refrigerant blends containing HFCs.- 
C. Definitions The rule proposes to amend FAR part 2 by adding the new definitions of ‘‘global warming potential,’’ ‘‘hydrofluorocarbons’’, and ‘‘high global warming potential hydrofluorocarbons’’. The rule also adds in FAR part 2 a definition of ‘‘manufactured end product’’ (currently defined in the FAR clause 52.225–18), with update to the current terminology for product and service code/group, rather, than Federal supply class/group.
D. Applicability This proposed rule will apply to all acquisitions inside the United States and its outlying areas of products or services containing or using high GWP HFCs,

Interim and Final Rules

FAC 2005-81 (Published on April 10, 2015)

FAR Case 2015-013, Further Amendments to Equal Employment Opportunity This interim rule amends the FAR to implement Executive Order 13672, “Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,” and a final rule issued by the Department of Labor. This rule became effective on April 10, 2015. The public comment period closes June 9, 2015. FAC 2005-82 (Published on May 7, 2015)

FAR Case 2014-013, Equal Employment and Affirmative Action for Veterans and Individuals with Disabilities This final rule adopts as final, without change, an interim rule to implement final rules issued by the Office of Federal Contract Compliance Programs at the Department of Labor relating to equal opportunity and affirmative action for veterans and individuals with disabilities. This rule became effective on May 7, 2015.

FAR Case 2013-012, Review and Justification of Pass-Through Contracts This final rule amends the FAR to implement section 802 of the National Defense Authorization Act (NDAA) for fiscal year 2013. This section provides additional requirements relative to the review and justification of pass-through contracts. This rule is effective on June 8, 2015.

FAR Case 2014-010, Enhancements to Past Performance Evaluation Systems This final rule amends the FAR to accommodate the recent merger of the Architect-Engineer Contract Administration Support System (ACASS) and the Construction Contractor Appraisal Support System (CCASS) modules within the Contractor Performance Assessment Reporting System (CPARS) database. This rule is effective on June 8, 2015.

SUPPLEMENTARY INFORMATION: 

I. Background DoD, GSA, and NASA published a proposed rule in the Federal Register at 79 FR 54949 on September 15, 2014, to standardize the past performance reporting requirements under the CPARS database in FAR subpart 42.15. One respondent submitted comments on the proposed rule.

II. Discussion and Analysis The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the public comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments are provided as follows: A. Summary of Changes There are no changes made in the final rule as a result of the public comments. B. Public Comments 

1. Continue To Use ACASS Comment: The respondent requests that ACASS continue to be utilized because the ratings are more descriptive and appropriate to the design professionals than those in CPARS.  

2. ‘‘Overall Rating’’ Added to CPARS Comment: The respondent requests an ‘‘Overall Rating’’ be added to the CPARS rating system, similar to the ACASS system.

3. Interim Evaluations Comment: The respondent suggests that the interim evaluation in CPARS be superseded by the final evaluation.

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. 

At 2017 Specialties

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

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 "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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