A Department of Defense notice announces an early engagement opportunity regarding implementation of the National Defense Authorization Act for Fiscal Year 2018 (PL 115-91) within the Defense Federal Acquisition Regulation Supplement. The public is invited to submit early inputs on sections of the NDAA for FY 2018 via the Defense Acquisition Regulations System website at http://www.acq.osd.mil/dpap/dars/index.html. The website will be updated when early inputs will no longer be accepted. This venue does not replace or circumvent the rulemaking process. DoD will engage in formal rulemaking, in accordance with 41 USC 1303, when it determines that rulemaking is required to implement a section of the NDAA for FY 2018 within the DFARS. The text of the notice appears at 83 FR 9501.
The Section 809 Panel, the Department of Defense’s advisory panel on streamlining and codifying acquisition regulations, issued Volume I of its Final Report. The report contains recommendations to update DoD’s process for acquiring information technology business systems, streamline auditing requirements, address challenges in how small businesses interact with DoD, update commercial buying, clarify the definition of personal and nonpersonal services, remove statutory requirements for 13 acquisition-related DoD offices, and repeal 20 acquisition-related statutory reporting requirements.
The 2014 order raised the hourly minimum wage paid by contractors to workers performing work on covered federal contracts to $10.10 per hour starting January 1, 2015. For covered tipped employees, the order set an hourly cash wage of at least $4.90.
The Department of Commerce and the Office of the United States Trade Representative are conducting industry outreach to better understand how the government’s procurement obligations under free trade agreements and the World Trade Organization Agreement on Government Procurement affect manufacturer and supplier access to the domestic government procurement process.
The Department of Defense is seeking input on Defense Federal Acquisition Regulation Supplement solicitation provisions and contract clauses that may be appropriate for repeal, replacement, or modification.
In accordance with Executive Order 13777, Enforcing the Regulatory Reform Agenda, the General Services Administration is seeking input on repealing, replacing, and modifying its acquisition regulations, policies, standards, business practices, and guidance.
A report issued by the Government Accountability Office recommends improvements to the Pilot Program for Enhancement of Contractor Employee Whistleblower Protections.
The Government Accountability Office has released is High-Risk List for 2017. The HRL, issued every two years, examines federal programs and operations that are especially vulnerable to waste, fraud, abuse, and mismanagement, or that need transformative change. The report, GAO-17-317, HIGH-RISK SERIES: Progress on Many High-Risk Areas, While Substantial Efforts Needed on Others, addresses 32 high-risk areas from the 2015 HRL. The 2017 HRL includes six procurement-related areas that appeared on the 2015 HRL:
The National Defense Authorization Act for Fiscal Year 2017 (PL 114-328) establishes a new Cost Accounting Standards Board specific to the Department of Defense. Section 820 of the NDAA adds 10 USC 190 to create a seven-member panel chaired by DoD’s chief financial officer. The duties of the Defense Cost Accounting Standards Board include reviewing DoD’s application of existing cost accounting standards and recommending changes to the CAS Board. The Defense CAS Board has exclusive authority, with respect to DoD, to implement cost accounting standards to achieve uniformity and consistency in the standards governing measurement, assignment, and allocation of costs to contracts with DoD. The Board is also charged to develop standards to ensure that commercial operations performed by DoD employees adhere to cost accounting standards that inform managerial decision making.
One day before an October 25, 2016, effective date, the District Court for the Eastern District of Texas enjoined on a nationwide basis the implementation of portions of the final rule issued in FAC 2005-90 and related Department of Labor guidance because they conflicted with the National Labor Relations Act and other labor laws (Associated Builders and Contractors, et al. v. Rung, et al.). The rule, Fair Pay and Safe Workplaces (FAR Case 2014-025), implements Executive Order 13673, as amended. The injunction applies to the rule’s labor law violation reporting requirements and limitation on use of pre-dispute arbitration clauses in employment agreements, but not its paycheck transparency requirement.