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FAR Alert Notice (FAN)

Issuance of Proposed Rules and Federal Acquisition Circular 2005-86-2

 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 2005-86 List of Subject                                                                                                                

I. Definition of “Multiple-Award Contract”

II. Sole Source Contracts for Women Owned Small Businesses (Interim)

III. New Designated Countries– Montenegro and New Zealand

IV. Trade Agreements Thresholds (FAR Case 2016-001)

Proposed Rules

I. Definition of “Multiple-Award Contract” (FAR Case 2015-019)

This rule amends the FAR to define “multiple-award contract.” This rule implements the definition established by the Small Business Administration (SBA) in its final rule that published in the Federal Register at 78 FR 61114 on October 2, 2013. SBA’s final rule implements the statutory definition of the term from section 1311 of the Small Business Jobs Act of 2010, Pub. L. 111-240.

II. Sole Source Contracts for Women-Owned Small Businesses (FAR Case 2015-032) (Interim)

This interim rule amends the FAR to implement regulatory changes made by the Small Business Administration (SBA) in its final rule as published in the Federal Register at 80 FR 55019, on September 14, 2015. SBA’s final rule implements the statutory requirements of paragraph (a)(3) of section 825 of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015, Public Law 113-291, which grants contracting officers the authority to award sole source contracts to economically disadvantaged women-owned small business (EDWOSB) concerns and to women-owned small business (WOSB) concerns eligible under the WOSB Program. The anticipated price, including options, must not exceed $6.5 million for manufacturing NAICS codes, or $4 million for other NAICS codes.

III.  New Designated Countries–Montenegro and New Zealand (FARCase 2015-034)

This final rule amends the FAR to add Montenegro and New
Zealand as new designated countries under the World Trade
Organization Government Procurement Agreement (WTO GPA). The rule also updates the list of parties to the Agreement on Trade
in Civil Aircraft by adding Montenegro.
This final rule has no significant impact on the Government and contractors, including small business entities.

IV.  Trade Agreements Thresholds (FAR Case 2016-001)

This final rule amends the FAR to adjust the thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements as determined by the United States Trade Representative, according to a predetermined formula under the agreements.

FAR 18.119 Trade agreements.
The policies and procedures of FAR 25.4 may not apply to acquisitions not awarded under full and open competition (see 25.401(a)(5)).
FAR 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

FAC 2005-–86-2 02-01-2016

FAR 19.1507 Contract clauses.

(a) The contracting officer shall insert the clause 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-owned Small Business Concerns, in solicitations and contracts for acquisitions that are set aside or reserved for, or awarded on a sole source basis to, EDWOSB concerns under 19.1505(b) or 19.1506(a). This includes multiple-award contracts when orders may be set aside for EDWOSB concerns as described in 8.405-5 and 16.505(b)(2)(i)(F).

(b) The contracting officer shall insert the clause 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program, in solicitations and contracts for acquisitions that are set aside or reserved for, or awarded on a sole source basis to WOSB concerns under 19.1505(c) or 19.1506(b). This includes multiple-award contracts when orders may be set aside for WOSB concerns eligible under the WOSB Program as described in 8.405-5 and 16.505(b)(2)(i)(F).

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program. As prescribed in 19.1507, insert the following clause: NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, WOMEN-OWNED SMALL BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM. (DEC 2015).

(a) Definitions. “Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
“WOSB Program Repository” means a secure, Web-based application that collects, stores, and disseminates documents to the contracting community and SBA, which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program.

(d) Agreement. A WOSB concern eligible under the WOSB Program agrees that in the performance of the contract for—
(1) Services (except construction), the concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own employees; (2) Supplies or products (other than procurement from a non-manufacturer in such supplies or products), the concern will perform at least 50 percent of the cost of manufacturing the supplies or products (not including the costs of materials);
(3) General construction, the concern will perform at least 15 percent of the cost of the contract with its own employees (not including the costs of materials); and;

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

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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