Open FAR Cases

as of November 17, 2014

8:29:16AM

11/17/2014

Page 1 of 8

Open FAR Cases

as of November 17, 2014
Case Number

Part Number

Title

Synopsis

Status

2015-007

Safety Data Sheets

Updates FAR subpart 23.3 to conform to new OSHA terminology.

11/13/2014 DARC Director tasked

FAR Acquisition Planning and
Methods Team to draft proposed
FAR rule. Report due 01/28/2014.

2015-006

Prohibition on
Contracting with
Inverted Domestic
Corporations-Representation and
Notification

Requires additional actions by offerors/contractors to assist

contracting officers in ensuring compliance with Governmentwide
statutory prohibition on use of funds (appropriate or otherwise made
available) for a contract with an inverted domestic corporation or a
subsidiary of an inverted domestic corporation.

11/06/2014 CAAC Chair sent draft

interim FAR rule under FAR Case
2014-017 to OFPP and OIRA on
8/28/2014. This draft proposed
rule was separated out from the
interim rule to obtain public
comment prior to becoming
effective. OFPP and OIRA
reviewing.

2015-005

System for Award

Management
Registration

Update instructions for System for Award Management (SAM)

registration requirements to correct an inconsistency with offeror
representation and certification requirements.

11/05/2014 DARC Director tasked

Acquisition Implementation Team
to draft proposed FAR rule.
Report due 12/10/2014.

2015-004

Provisions and Clauses

for Acquisitions of
Commercial Items and
Acquisitions That Do
Not Exceed the
Simplified Acquisition
Threshold

Implements a new approach to the prescription and flowdown for

provisions and clauses applicable to the acquisition of commercial
items or acquisitions that do not exceed the simplified acquisition
threshold. Each clause prescription and each clause flowdown for
commercial items is specified within the prescription/clause itself,
without having to cross-check another clause or list. The rule
supports the use of automated contract writing systems and
reduced necessary FAR maintenance when clauses are updated.

10/22/2014 DARC Director tasked

Acquisition Team to draft proposed
FAR rule. Report due 11/26/2014.
Due date extended to 12/24/2014.

2015-003

22, 52

(EO) Establishing a
Minimum Wage for
Contractors

Implements E.O. 13658, Establishing a Minimum Wage for

Contractors, dated February 12, 2014 and Department of Labor
regulations (29 CFR part 10), published October 7, 2014. The E.O.
seeks to increase efficiency and cost savings in the work performed
by parties who contract with the Federal Government by increasing
to $10.10 the hourly minimum wage paid those contractors.

11/14/2014 Resolved open issues.

FAR and DAR staff processing.

2015-002

2.1, 4.18, 4.403,

52.204-16,
52.204-18

Requirements for DD
Form 254, Contract
Security Classification
Specification

Updates FAR 4.403 to require the use of Wide Area Workflow for
the submission of the DD Form 254, Contract Security Classification
Specification. Also clarifies that a unique CAGE code is required for
each location of performance listed on a DD Form 254 and that
SAM registration is only required for the business location listed on
the contract.

10/08/2014 DARC Director tasked

the Implementation Team to draft
proposed FAR rule. Report due
12/03/2014.

11/17/2014

Stages of rulemaking (Proposed, Interim, or Final) are provisional until cleared by OMB / OIRA. Early inputs are always accepted.

Page 2 of 8

Open FAR Cases

as of November 17, 2014
Case Number

Part Number

Title

Synopsis

Status

2015-001

25.104

List of Domestically
Nonavailable Articles

Implements the requirement at FAR 25.104(b), to publish the list of

domestically nonavailable articles in the Federal Register for public
comment no less frequently than once every five years.

11/06/2014 No draft proposed FAR

rule open issues. FAR staff
processing.

2014-026

1.106, 11.002,
2.101, 23.000,
23.8, 52.212-5,
52.213-4, 52.223,
7.103

High Global Warming

Potential
Hydrofluorocarbons

Facilitates implementation of the President's Climate Action Plan

with regard to high global warming potential hydrofluorocarbons, as
requested by the Council on Environmental Quality.

10/21/2014 DARC received Ad

Hoc Team draft proposed FAR
rule from DAR staff. Discuss on
11/19/2014.

2014-025

17, 2, 22, 4, 42,

52, 9

(EO) Fair Pay and Safe

Workplaces

Implements E.O. 13673, Fair Pay and Safe Workplaces, dated July
31, 2014. The E.O. seeks to increase efficiency and cost savings in
the work performed by Federal contractors by ensuring that they
understand and comply with labor laws designed to promote safe,
healthy, fair, and effective workplaces.

08/20/2014 DARC Director tasked

Labor Team to draft proposed FAR
rule. Report due 10/08/2014.
Report due extended to
12/17/2014.

2014-024

4.804, 4.804-5,
42.705, 42.705-1,
42.705-2

Low-Risk Audit
Sampling

Implements DCAA's low-risk audit sampling initiative in the FAR.

This would be an expansion of DoD's low-risk incurred-cost audit
sampling policy implemented under DoD class deviation
2012-O0013, dated July 24, 2012, and would revise the FAR to
incorporate DCAA's low-risk sampling process across the other
agencies who utilize DCAA to fulfill audit requirements.

08/27/2014 DARC Director tasked

Acquisition Finance Team to draft
proposed FAR rule. Report due
09/24/2014. Due extended to
12/03/2014.

OMB Uniform
Administrative
Requirements

Incorporates references into the FAR as required by OMB's

guidance entitled Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, that
supersedes and streamlines requirements from OMB Circulars
A-21, A-87, A-110, and A-122 (which have been placed in OMB
guidance); Circulars A-89, A-102, and A-133.

10/10/2014 DAR staff notified FAR

staff that DARC agreed to draft
proposed FAR rule. Awaiting
CAAC concurrence.

(s) Inflation Adjustment

of Acquisition-Related
Thresholds

Adjusts statutory acquisition-related thresholds for inflation to

implement 41 U.S.C. 1908; and other acquisition-related thresholds
as a matter of policy, planned to be effective October 1, 2015.

09/05/2014 Proposed FAR rule to

FARSEC for preparation of FR
notice.

Contractor Use of
Information

Addresses contractor use of information obtained through

performance of a Government contract.

05/16/2014 DARC Director and

CAAC Chair tasked FAR
Acquisition Ethics and International
Law Team to draft proposed FAR
rule. Report due 08/13/2014. Due
date extended to 11/19/2014.

2014-023

2014-022

2014-021

11/17/2014

1, 10, 12, 13, 15,

16, 17, 19, 2, 22,
25, 28, 3, 32, 4,
42, 50, 52, 53, 6,
7, 8, 9

Stages of rulemaking (Proposed, Interim, or Final) are provisional until cleared by OMB / OIRA. Early inputs are always accepted.

Page 3 of 8

Open FAR Cases

as of November 17, 2014
Case Number

Part Number

Title

Synopsis

Status

2014-020

6.302

Clarification on
Justification for Urgent
Noncompetitive Awards
Exceeding One Year

Clarifies that determinations of exceptional circumstances are

needed when a noncompetitive contract awarded on the basis of
unusual and compelling urgency exceeds 1 year, either at time of
award or due to post-award modifications. Responds to GAO report
number GAO-14-304, Federal Contracting: Noncompetitive
Contracts Based on Urgency Need Additional Oversight, dated
March 2014.

11/12/2014 Draft proposed FAR

rule from FAR analyst to OFPP.
OFPP reviewing.

2014-019

4.1202, 52.204-8,
52.209-5,
52.212-3, 9.104

(S) Prohibition on
Contracting with
Corporations with
Delinquent Taxes or a
Felony Conviction

Implements multiple sections of the Consolidated Appropriations

Act, 2014 (Pub. L. 113-76) to prohibit using any of the funds
appropriated by the Act to enter a contract with any corporation with
any delinquent Federal tax liability or a felony conviction.

09/23/2014 Draft proposed FAR

rule from FAR analyst to CAAC
Legal. CAAC Legal reviewing.
9/29/2014, Received DoD
Approval to Publish.

2014-018

25.302-6,
52.225-26

Contractors Performing
Private Security
Functions Outside the
United States

Expands the applicability for DoD use of the clause 52.225-26,

Contractors Performing Private Security Functions Outside the
United States

08/13/2014 FAR staff notified DAR

staff of CAAC questions about
report. DAR and FAR staff
resolving draft proposed FAR rule
open issues.

2014-017

52.204-8,
52.209-10,
52.212-5, 9.108

(S) Prohibition On
Contracting with
Inverted Domestic
Corporations

Implements section 733 of Division E of the Consolidated

Appropriations Act, 2014 (Pub. L. 113-76), which prohibits
expenditure of appropriated funds for contracts with a foreign
incorporated entity that is treated as an inverted domestic
corporation or any subsidiary of such entity.

08/28/2014 CAAC Chair sent draft

interim FAR rule to OFPP and
OIRA. OFPP and OIRA reviewing.

2014-015

10.001, 12.301,
15.3, 16.5, 19.2,
2.101, 52.216,
7.1

(S) Consolidation of
Contract Requirements

Implements section 1313 of the Small Business Jobs Act of 2010

and SBA's final rule to ensure that decisions made by Federal
agencies regarding consolidation of contract requirements are
made with a view to providing small businesses with appropriate
opportunities to participate as prime and subcontractors.

08/27/2014 DARC discussed and

recommended further revision to
text. Revised report due
11/26/2014.

2014-013

1.106, 22.13,
22.14, 52.212-5

Equal Employment and

Affirmative Action for
Veterans and
Individuals with
Disabilities

Implements Department of Labor regulations at 41 CFR 60-250 and

60-300 published on September 24, 2013 (79 FR 58614).

11/14/2014 DAR staff notified FAR

staff of DARC differences from
draft final rule. DAR and FAR staff
resolving draft final FAR rule open
issues.

2014-012

31.205-6

(S) Limitation on
Allowable Government
Contractor
Compensation Costs

Implements section 702 of H.J.Res. 59 (Pub. L. 113-67), enacted

December 26, 2013, which limits costs of compensation of
contractor and subcontractor employees. See also section 811 of
the NDAA for FY 2014 (Pub. L. 113-66).

11/06/2014 DAR staff notified FAR

staff that DARC agreed to draft
final FAR rule. Awaiting CAAC
concurrence.

11/17/2014

Stages of rulemaking (Proposed, Interim, or Final) are provisional until cleared by OMB / OIRA. Early inputs are always accepted.

Page 4 of 8

Open FAR Cases

as of November 17, 2014
Case Number

Part Number

Title

Synopsis

Status

2014-011

22.406, 53

(S) Streamlining Claims

Processing

Implements Public Law 113-50, which amends 40 U.S.C. 3144 and

3703 to transfer certain functions from the Government
Accountability Office to the Department of Labor relating to the
processing of claims for the payment of workers who were not paid
appropriate wages under title 40.

10/17/2014 Final rule to FARSEC

for preparation of FAC.

2014-010

42.15

Enhancements to Past
Performance
Evaluation Systems

Revises FAR subpart 42.15 to accommodate ACASS and CCASS

as modules within the CPARS database.

09/15/2014 Published proposed

FAR rule in Federal Register (79
FR 54949). Public comment period
ends 11/14/2014.

2014-008

37

Management and
Oversight on the
Acquisition of Services

Clarifies FAR 37.101, 37.102, and 37.110 on the management and

oversight of acquisitions of services.

10/28/2014 OFPP concurrence

with draft final FAR rule. FAR staff
preparing to send to OIRA.

2014-006

39.002,
39.101(a),
39.106, 52.239-1

Year Format

Deletes obsolete coverage on Year 2000 Compliance and consider

whether updated coverage is required with regard to use of 4-digit
year format.

07/28/2014 Final rule to FARSEC

for preparation of FAC. 8/5/2014,
removed from FAC 2005-77 at
request of OFPP. Resubmitted to
FARSEC on 10/17/2017.

2014-004

42.15, 52.212-5,
52.242

(S) Payment of
Subcontractors

Implements section 1334 of the Small Business Jobs Act.

07/17/2014 CAAC Legal returned

draft interim FAR rule. FAR and
DAR staff resolving issues.
8/4/2014, Received DoD ATP.

2014-003

(S) Small Business

Subcontracting
Improvements

Implements sections 1321 and 1322 of the Small Business Jobs Act
of 2010.

11/04/2013 DARC Director tasked

Acquisition Small Business Team
to draft proposed FAR rule.
Report due date extended to
11/19/2014.

2014-002

(S) Set-Asides Under

Multiple Award
Contracts

Implements SBA's final rule for sections 1311 and 1331 of the Small
Business Jobs Act

11/04/2013 DARC Director tasked

Acquisition Small Business Team
to draft proposed FAR rule. Report
due 03/19/2014. Report due date
extended to 01/14/2015.

Incorporating Section K
in Contracts

Standardizes the by reference location of Section K in contracts.

09/23/2014 Final rule to FARSEC

for preparation of FAC.

2014-001

11/17/2014

14.201-1,
15.204-1, 4.12,
52.204, 52.204-8,
52.212-4

Stages of rulemaking (Proposed, Interim, or Final) are provisional until cleared by OMB / OIRA. Early inputs are always accepted.

Page 5 of 8

Open FAR Cases

as of November 17, 2014
Case Number

Part Number

Title

Synopsis

Status

2013-022

3.11, 52.203-16

(S) Extension of
Limitations on
Contractor Employee
Personal Conflicts of
Interest

Implements section 829 of the NDAA for FY 2013 (Pub. L.

112-239). Section 829 requires the Secretary of Defense to review
existing guidance on personal conflicts of interest for contractor
employees performing acquisition functions closely associated with
inherently governmental functions, to determine whether it would be
in the best interest of DoD and the taxpayers to extend such
guidance to contractor personnel performing certain other functions
or contract types. As a matter of policy, any such revisions will
apply Governmentwide.

06/25/2014 Case on hold at the

direction of FAR principals,
pending resolution of issues
relating to definition of "closely
associated with inherently
governmental functions".

2013-020

1.106, 22.1006,
4.1202, 52.204,
52.212-3, 9.104

(S) Information on
Corporate Contractor
Performance and
Integrity

Implements section 852 of the NDAA for FY 2013 (Pub. L.

112-239). Section 852 requires that FAPIIS include, to the extent
practicable, information on any parent, subsidiary, or successor
entities to the corporation.

10/30/2014 Proposed FAR rule to

FARSEC for preparation of FR
notice.

2013-018

19, 6

Clarification of
Requirement for
Justifications for 8(a)
Sole-Source Contracts

Clarifies justification for 8(a) sole-source contracts, in response to

GAO Report to the Chairman, Subcommittee on Contracting
Oversight, Committee on Homeland Security and Governmental
Affairs, U.S. Senate, entitled Federal Contracting: Slow Start to
Implementation of Justifications for 8(a) Sole-Source Contracts
(GAO-13-118 dtd December 2012).

06/18/2014 Draft proposed FAR

rule from FAR analyst to OFPP.
OFPP reviewing.

2013-016

7.1, 23, 52.223

(EO) EPEAT Items

Identifies imaging equipment and televisions as new items to be

included under the EPEAT standard in FAR part 23.

11/05/2014 DARC received

Acquisition Environmental and
Labor Law Team draft final FAR
rule from DARS staff. Will discuss
on 11/19/2014.

2013-015

3.9, 52.209

(S) Pilot Program for

Enhancement of
Contractor
Whistleblower
Protections

Implements section 828 of the NDAA for FY 2013.

05/21/2014 OIRA cleared final

FAR rule. OFPP processing D&Fs.

2013-014

16.5, 4.10,
52.204, 52.212,
8.4

Uniform Use of Line

Items

Considers the use of a standardized uniform line item numbering

structure in Federal procurement.

10/15/2014 DARC Director tasked

Acquisition Technology Team to
review public comments, draft final
FAR rule. Report due 11/26/2014.

11/17/2014

Stages of rulemaking (Proposed, Interim, or Final) are provisional until cleared by OMB / OIRA. Early inputs are always accepted.

Page 6 of 8

Open FAR Cases

as of November 17, 2014
Case Number

Part Number

Title

Synopsis

Status

2013-012

15.404

(S) Review and

Justification of
Pass-Through
Contracts

Implements section 802 of the NDAA for FY 2013 and section and
section 1615 of the NDAA for FY 2014 (Pub. L. 113-66). Section
802 requires review and justification by the contracting officer for
any case in which an offeror for a contract, task order, or delivery
order informs the agency pursuant to FAR 52.215-22 that the offeror
intends to award subcontracts for more than 70 percent of the total
cost of work to be performed under the contract, task order, or
delivery order. Section 1615 of the NDAA for FY 2014 makes
section 802 of the NDAA for FY 2013 inapplicable to small
businesses.

11/06/2014 DAR staff notified FAR

staff that DARC agreed to draft
final FAR rule. Awaiting CAAC
concurrence.

2013-002

7.1, 46, 52

(S) Expanded
Reporting of
Nonconforming Items

Expands Government and contractor requirements for reporting of

nonconforming items. Partial implementation of section 818 of the
NDAA for FY 2012.

09/26/2014 DARC Director tasked

Ad Hoc Team to review public
comments, draft final FAR rule.
Report due 11/19/2014.

2013-001

1, 2.1, 9.1, 22,

52.222

(S & E.O.) Ending

Trafficking in Persons

Implements Executive Order 13627, "Strengthening Protections

Against Trafficking in Persons in Federal Contracts," signed
9/25/2012. Implements title XVII of the NDAA for FY 2013, "Ending
Trafficking in Government Contracting."

09/25/2014 Final rule to FARSEC

for preparation of FAC.

2012-032

44.3, 46.2,
52.246

Higher-Level Contract
Quality Requirements

Revises acquisition planning and quality assurance requirements to

ensure the performance of higher level quality assurance for critical
items.

08/29/2014 Final rule to FARSEC

for preparation of FAC.

2012-025

31.205-6,
52.216-7

(S) Applicability of the

Senior Executive
Compensation
Benchmark

Proposes retroactive implementation of section 803 of the National

Defense Authorization Act for Fiscal Year 2012 (Pub L 112-81),
which extends the limitation on allowability of compensation for
certain contractor personnel from senior executives to all DoD,
NASA, and Coast Guard contractor employees.

11/04/2014 Draft final FAR rule

from FAR analyst to OFPP. OFPP
reviewing.

2012-022

19

Contracts under the

Small Business
Administration 8(a)
Program

Revises and/or clarifies FAR subpart 19.8, "Contracting with the

Small Business Administration (The 8(a) Program)."

08/14/2014 DAR staff notified FAR

staff that DARC agreed to draft
final FAR rule. Awaiting CAAC
concurrence.

2012-015

19

Small Business
Set-Asides for
Research and
Development Contracts

Clarifies language regarding the use of small business set-asides

for R&D contracts.

07/03/2013 Case on hold at the

direction of FAR Council, pending
further consideration.

11/17/2014

Stages of rulemaking (Proposed, Interim, or Final) are provisional until cleared by OMB / OIRA. Early inputs are always accepted.

Page 7 of 8

Open FAR Cases

as of November 17, 2014
Case Number

Part Number

Title

Synopsis

Status

2012-006

49, 52.249

Grounds for
Termination for Default

Considers grounds for contract termination for default.

07/10/2012 Case on hold at the

direction of Director, DPAP,
pending further research.

2012-001

10, 11, 12, 13,

16, 17, 2, 3, 35,
37, 4, 42, 7, 8

Performance of
Inherently
Governmental and
Critical Functions

Implements OFPP Policy Letter 11-01, Performance on Inherently

Governmental and Critical Functions (76 FR 56227), published on
September 12, 2011.

09/04/2012 Draft proposed FAR

rule from FAR analyst to OFPP.
OFPP reviewing.

2011-020

12.301, 2.101,
4.17, 42.3,
52.204,
52.204-XX, 7.105

Basic Safeguarding of
Contractor Information
Systems

Addresses safeguarding of unclassified information that does not

meet the standard for National Security classification under
Executive Order 12958, as amended. It addresses unclassified
information that is pertinent to the national interests of the United
States or originated by entities outside the U.S. Federal
Government, and under law or policy requires protection from
disclosure, special handling safeguards, and prescribed limits on
exchange or dissemination.

08/28/2014 DAR staff notified FAR

staff that DARC agreed to draft
final FAR rule. Awaiting CAAC
concurrence.

2011-001

11.002, 12.301,
15.305, 15.604,
2.101, 3.000,
3.12, 3.603,
37.110, 42.1204,
50.205-1, 52.203,
7.105, 9.000, 9.5

(S) Organizational
Conflicts of Interest and
Unequal Access to
Information

Implements section 841 of the NDAA for FY 2009 (Pub. L.

110-147). Section 841 requires consideration of how to address the
current needs of the acquisition community with regard to
Organizational Conflicts of Interest. Separately addresses issues
regarding unequal access to information.

04/18/2014 CAAC Chair tasked

Acquisition Ethics and International
Law Team to review additional
public comments, revise draft final
rule as necessary, and draft
supplemental report.
Supplemental report due
08/27/2014. Due date extended to
12/03/2014.

2010-013

24.3, 52.224

(S) Privacy Training

Creates a FAR clause to require contractors that (1) need access to

a system of records, (2) handle personally identifiable information,
or (3) design, develop, maintain, or operate a system of records on
behalf of the Government, have their personnel complete privacy
training. This addition complies with subsections (e) (agency
requirements) and (m) (Government contractors) of the Privacy Act
(5 U.S.C. 552a).

11/03/2014 CAAC Chair sent draft

final FAR rule to OIRA. OIRA
reviewing.

2010-001

23, 52.223, 39

(EO) Sustainable
Acquisition

Implements Executive Order 13514, Federal Leadership in

Environmental, Energy, and Economic Performance (10/5/2009),
and Executive Order 13423, Strengthening Federal Environmental,
Energy, and Transportation Management (1/24/2007), which require
agencies to leverage acquisitions to foster markers for sustainable
technologies, products, and services.

04/08/2013 OFPP identified draft

final FAR rule issues. OFPP, FAR
and DAR staff resolving issues.
Responded to OFPP 05/02/2013.
OFPP reviewing.

11/17/2014

Stages of rulemaking (Proposed, Interim, or Final) are provisional until cleared by OMB / OIRA. Early inputs are always accepted.

Page 8 of 8