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Department of Defense (DOD) Rules: Defense Federal Acquisition Regulation Supplement (DFARS)
On September 26, DOD published five final rules and three proposed rules to amend the DFARS. The final rules are effective October 1, 2024. Comments close for the proposed rules on November 25, 2024. The Technical Amendments are available here.
- Assuring Integrity of Overseas Fuel Supplies. This final rule amends the DFARS to implement the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 requiring offerors to certify that they will not provide fuel from prohibited sources and will comply with export control and anticorruption laws. The rule is available here.
- Data Universal Numbering System (DUNS) to Unique Entity Identifier Transition. This final rule amends the DFARS to better align with the Federal Acquisition Regulation regarding the transition from the DUNS to the unique entity identifier in the System for Award Management. The rule is available here.
- Modification of Notification of Intent to Transport Supplies by Sea. This final rule amends the DFARS to make editorial changes. The rule is available here.
- Modification of Prize Authority for Advanced Technology Achievements. This final rule amends the DFARS to implement the NDAA for FY 2022 to provide procedures, approval, and reporting requirements for contracts awarded as prizes. The rule is available here.
- Preference for United States Vessels in Transporting Supplies by Sea. This final rule amends the DFARS to implement the NDAA for FY 2021 to increase compliance with military cargo preference requirements. The rule is available here.
- DOD Cost or Pricing Data Requirements. This proposed rule will amend the DFARS to implement the NDAA for FYs 2018, 2021, and 2022 to update the requirements for contractors to submit cost or pricing data. The rule is available here.
- Preventing Conflicts of Interest for Certain Consulting Services. This proposed rule will amend the DFARS to implement the NDAA for FY 2024 to prohibit contracting officers from awarding contracts for certain North American Industry Classification System codes to offerors holding contracts involving services with covered foreign entities. The rule is available here.
- Public Access to Results of Federally Funded Research. This proposed rule will amend the DFARS to implement the Government Accountability Office’s recommendations for increasing public access to DOD-funded research. The rule is available here.
Department of Homeland Security (DHS) Proposed Rule: DHS Acquisition Regulation (HSAR), Make Personal Protective Equipment (PPE) in America Act Restrictions on Foreign Acquisition
On October 1, DHS published a proposed rule and request for comment regarding a new HSAR subpart, clause, and provision codifying compliance with the Make PPE in America Act to ensure domestic manufacturing for certain types of PPE. The rule is available here. Comments close December 2, 2024.
Senate Clears Stopgap, Setting Up December Spending Brawl, Bloomberg Government
President Joe Biden will soon sign a short-term funding bill to keep the government operating through December 20, staving off a shutdown and setting lawmakers up for a spending showdown with a deadline just a few days before Christmas. Read more here (subscription required).
Small Business Administration (SBA) Press Release: Biden-Harris Administration Finalizes Rule to Lower Costs for Small Businesses
On September 30, SBA announced a new rule that will make it easier for small business owners to refinance debt using the SBA 504 Loan Program, empowering them to reduce their debt payments and/or access more affordable capital for expansion or growth. This will lower costs for many small businesses that are supported by the 504 Loan Program, which provides long-term, fixed-rate financing for real estate and equipment with SBA-backed capital. Read more here.
Sen. Says Contractors Trying to Block DOD ‘Right-To-Repair,’ Law360
Sen. Elizabeth Warren, D-Mass., has chided defense contractors for seeking to “sabotage” efforts to require them to cough up parts and data allowing the U.S. Department of Defense to repair its own equipment, while urging the DOD to take action on related restrictions. Read more here (subscription required).
Upcoming Government Contract Presentations
SEMINAR: Common Scenarios Triggering False Claims Act Violations, Part 3: Claims and Investigations, October 10, 2024, Matthew E. Feinberg, Mark F. Rosenow
WEBINAR: Requests for Equitable Adjustment: Optimizing Recovery from Changes to Government Contracts, October 10, 2024, Lauren Brier
SEMINAR: False Claims Act, October 10, 2024, Nichole D. Atallah, Jessica A. duHoffmann
TRAINING: Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks, October 16, 2024, Katherine B. Burrows, Daniel Figuenick, III
TRAINING: Joint Venture and Mentor-Protege Bidding Strategies, October 17, 2024, Peter B. Ford, Meghan F. Leemon
TRAINING: Legal Considerations: How Best to Structure Your Company as a Federal Contractor, October 22, 2024, Isaias “Cy” Alba, IV
CONFERENCE: What’s New in GovCon? Important Legal Updates for Government Contractors, October 30, 2024, Isaias “Cy” Alba, IV
Upcoming Labor & Employment Presentations
PM TRAINING: ABCs of the SCA: Critical Path Service Contract Act Training for Government Contractors, October 22, 23, and 24, 2024, Nichole D. Atallah, Sarah L. Nash
TRAINING: Labor Rules & Regulations: Federal Market Compliance, October 23, 2024, Nichole D. Atallah
NATIVE AMERICAN LAW & TRIBAL ADVOCACY
Feds Split $71M Clean Energy Award Between 13 Tribes, Law360
The Biden administration is investing $71 million to electrify homes in 13 tribal communities across Indian Country in an effort to close ongoing access to electricity gap problems with clean energy sources. Read more here (subscription required).
Upcoming Mergers & Acquisitions Presentations
PM WEBINAR: Navigating M&A in the Manufacturing Industry: Strategies for Success, October 17, 2024, Isaias “Cy” Alba, IV
LITIGATION & DISPUTE RESOLUTION
Administrative Conference of the U.S. (ACUS) Notice: Model Rules of Representative Conduct
On September 30, ACUS published a notice of availability providing for model rules for conduct in administrative adjudication which is intended to be a “transparent, easily accessible set of guidelines that facilitate a wide range of representation in a broad array of agency proceedings” and “help federal agencies amend or develop their rules governing representatives in adjudicative proceedings consistent with the best practices.” The notice is available here. The model rules are available here.