The FAR Council recently moved forward with implementing provisions of Section 889(a)(1)(B) of the 2019 NDAA through an interim rule. This rule, effective August 13, 2020, furthers the work begun previously of separating the federal government and its contractors from certain Chinese telecom and video surveillance companies.
Continue readingTag Archives: FAR Council
The FAR’s Nondisplacement of Qualified Workers Clause is Finally Getting the Boot
Federal agencies will be issuing a final rule that will remove the infamous nondisplacement of qualified workers clause from the FAR. The final rule goes into effect June 5, 2020. Let’s take a look.
Did the FAR Plan For COVID-19? Yes, Sort of
There are not many people or organizations that can say they anticipated the spread of this pandemic disease that is confining million to their homes as part of stay in place orders and self quarantines.
Though the FAR Council did not foresee that the coronavirus and COVID-19 would trap contractors in their homes, it did anticipate that from time to time events completely out of the control of contractors may conspire to affect the performance of contracts—though perhaps not to this magnitude.
Continue readingFAR Update Will Limit use of LPTA in Non-DOD Procurements
A quick update on a proposed FAR rule that will put in place restrictions on use of lowest-price, technically acceptable (LPTA) solicitations in non-DOD agencies, as mandated in the 2019 NDAA. There are a few differences from the similar rule that recently went into effect for DOD.
Continue readingHUBZone Joint Ventures: FAR Council Gets It Wrong
The FAR Council’s proposed update to the limitations on subcontracting, and the DoD’s subsequent FAR deviation, have been met with widespread approval by small contractors.
But for HUBZone Program participants, the proposed rule and DoD deviation contain a glaring problem: a requirement that the HUBZone member of a joint venture take sole responsibility for meeting the applicable limitations on subcontracting. This requirement, which doesn’t apply to joint venturers in other socioeconomic programs, is unfair to HUBZones, and at odds with SBA regulations.
Continue readingLimitations on Subcontracting: DoD Issues Comprehensive FAR Deviation
Earlier this week, the FAR Council issued a proposed rule to conform the FAR to the SBA’s regulation governing limitations on subcontracting. But the DoD isn’t waiting around while the FAR Council finishes the process.
The DoD has issued a comprehensive FAR deviation, effective immediately. The DoD’s FAR deviation will, effectively, temporarily conform the DoD’s use of the FAR to the SBA’s regulation while the FAR Council works on a final rule.
FAR Update Clarifies SAM Registration Deadline
In last week’s edition of the SmallGovCon Week In Review, we referenced a FAR update that has important ramifications for prospective small business government contractors. This rule is potentially important enough that we figured it deserved its own stand-alone SmallGovCon post.
So what’s so important about this new rule? In a nutshell, it clarifies that offerors must be registered in SAM at the time of bid submission to be considered for an award.