FAR Alert Notice (FAN)
Issuance of Proposed Rules and Federal Acquisition Circular 2005-85
This FAR Alert Notice (FAN) provides awareness to the acquisition workforce about upcoming regulatory changes. This FAN highlights noteworthy proposed and final rules recently published in the released Federal Acquisition Circular (FAC) that impact the acquisition workforce.
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.
FAC 2005-85 List of Subject
I. Prohibition on Contracting with Corporations with Delinquent Taxes or a Felony Conviction (Interim)
II. Further Amendments to Equal Employment Opportunity
III. Updating Federal Contractor Reporting of Veterans’ Employment (Interim)
IV. Pilot Program for Enhancement of Contractor Employee Whistleblower Protections
V. Retention Periods
VI. Establishing a Minimum Wage for Contractors
I. Prohibition on Contracting with Corporations with Delinquent Taxes or a Felony Conviction (FAR Case 2015-011) (Interim)
This interim rule amends the FAR to implement sections of the Consolidated and Further Continuing Appropriations Act, 2015, to prohibit the Federal Government from entering into a contract with any corporation having a delinquent Federal tax liability or a felony conviction under any Federal law, unless an agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government.
II. Further Amendments to Equal Employment Opportunity (FAR Case 2015-013)
DoD, GSA, and NASA are issuing a final rule adopting an interim rule published April 10, 2015, without change. The interim rule amended the FAR to implement Executive Order (E.O.) 13672, entitled “Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity”. E.O. 13672 was signed July 21, 2014. E.O. 11246, dated September 24, 1965, established requirements for non-discriminatory practices in hiring and employment for Federal contractors and subcontractors. The bases of discrimination prohibited by E.O. 11246 are race, color, religion, sex, and national origin. E.O. 13672 adds sexual orientation and gender identity to the prohibited bases of discrimination established by E.O. 11246. There is no significant impact on small entities.
III. Updating Federal Contractor Reporting of Veterans’ Employment (FAR Case 2015-036) (Interim)
DoD, GSA, and NASA are issuing an interim rule amending the FAR to implement a final rule issued by the Department of Labor’s Veterans’ Employment and Training Service (VETS) that revised the regulations at 41 CFR part 61 implementing the reporting requirements under the Vietnam Era Veterans’ Readjustment Assistance Act, as amended (VEVRAA) and the Jobs for Veterans Act (JVA) (Pub. L. 107-288). VEVRAA requires Federal contractors and subcontractors to annually report on the total number of their employees who belong to the categories of veterans protected under VEVRAA, as amended by the JVA, and the total number of those protected veterans who were hired during the period covered by the report. The VETS rule requires contractors and subcontractors to comply with its revised reporting requirements using the new Form VETS-4212, in lieu of the VETS-100 and VETS- 100A, beginning with the annual report filed in 2015.
IV. Pilot Program for Enhancement of Contractor Employee Whistleblower Protections (FAR Case 2013-015)
This final rule amends the FAR to implement a statutory pilot program enhancing whistleblower protections for contractor employees at FAR subpart 3.9. An interim rule was published September 30, 2013. The interim rule created a new FAR section 3.908 to be used by title 41 agencies through January 1, 2017.V. Retention Periods (FAR Case 2015-009)
This final rule amends the FAR by updating the Government file retention periods to conform with the retention periods in the National Archives and Records Administration (NARA) General Records Schedule (GRS).
VI. Establishing a Minimum Wage for Contractors (FAR Case 2015-003)DoD, GSA, and NASA are issuing a final rule adopting the interim rule published December 15, 2014, with change.
FAC 2005-85 12-04-2015
FAR Subpart 3.9 Whistleblower Protections For Contractor Employees
3.907-5 Access to investigative file of Inspector General.
3.907-6 Remedies and enforcement authority.
3.907-7 Contract clause.
3.908 Pilot program for enhancement of contractor employee whistleblower protections.
3.908-1 Scope of section.
3.908-4 Filing complaints.
3.908-5 Procedures for investigating complaints.
3.908-7 Enforcement of orders.
3.908-8 Classified information.
3.908-9 Contract clause.
FAR Subpart 7.1 Acquisition Plans
7.102 Policy. (a) Agencies shall perform acquisition planning and conduct market research (see part 10) for all acquisitions in order to promote and provide for— (1) Acquisition of commercial items or, to the extent that commercial items suitable to meet the agency’s needs are not available, non-developmental items, to the maximum extent practicable (10 U.S.C. 2377 and 41 U.S.C. 3307);
and (2) Full and open competition (see part 6) or, when full and open competition is not required in accordance with part 6, to obtain competition to the maximum extent practicable, with due regard to the nature of the supplies or services to be acquired (10 U.S.C. 2305(a)(1)(A) and 41 U.S.C. 3306a)(1)).
(3) Selection of appropriate contract type in accordance with part 16; and (4) Appropriate consideration of the use of pre-existing contracts, including interagency and intra-agency contracts, to fulfill the requirement, before awarding new contracts. (See 8.002 through 8.004 and subpart 17.5). (b) This planning shall integrate the efforts of all personnel responsible for significant aspects of the acquisition. The purpose of this planning is to ensure that the Government meets its needs in the most effective, economical, and timely manner. Agencies that have a detailed acquisition planning system in place that generally meets the requirements of 7.104 and 7.105 need not revise their system to specifically meet all of these requirements.
FAR Subpart 22.19 Establishing a Minimum Wage for Contractors
22.1903 Applicability. (a) This subpart applies to contracts covered by the Service Contract Labor Standards statute (41 U.S.C. chapter 67, formerly known as the Service Contract Act, subpart 22.10), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, Subchapter IV, formerly known as the Davis Bacon Act, subpart 22.4), that require performance in whole or in part within the United States. When performance is in part within and in part outside the United States, this subpart applies to the part of the contract that is performed within the United States
22.1904 Annual Executive Order Minimum Wage Rate. (a) For the E.O. minimum wage rate that becomes effective on January 1, 2016, and annually thereafter, the Administrator
will— (1) Notify the public of the new E.O. minimum wage rate at least 90 days before it becomes effective by publishing a notice in the Federal Register;
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.