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FEDERAL CONTRACTS PERSPECTIVE

Federal Acquisition Developments, Guidance, and Opinions


March 2013
Vol. XIV, No. 3

CONTENTS


FAC 2005-66 Extends FAR Subpart 13.5 Procedures, Addresses Raising T&M Ceiling Prices
DOD Issues Rules on Acquiring Tents, Alleged Crimes
Comments Sought on Performance Cost Comparisons
OPM to Adopt FAR Suspension and Debarment Procedures



FAC 2005-66 Extends FAR Subpart 13.5 Procedures,
Addresses Raising T&M Ceiling Prices

Federal Acquisition Circular (FAC) 2005-66 amends the Federal Acquisition Regulation (FAR) to: (1) extend the expiration of the authority in FAR subpart 13.5, Test Program for Certain Commercial Items, from January 1, 2012, to January 1, 2015; (2) provide additional guidance on required actions prior to raising the ceiling price or otherwise changing the general scope of a time and materials or labor-hour contract or order; (3) expand the definition of “contingency operation”; and (4) correct the internet address of the “Interagency Contract Directory.”



DOD Issues Rules on Acquiring Tents, Alleged Crimes

The Department of Defense (DOD) conducted a little housecleaning during February, finalizing two interim rules, issuing another final rule, proposing two rules, issuing a class deviation, and waiving a statutory provision.



Comments Sought on Performance Cost Comparisons

The Office of Federal Procurement Policy (OFPP) is seeking comments and suggestions from the public on comparing the relative cost of performance by federal employees versus contract performance to identify the most cost-effective source. Also, OFPP is seeking comments regarding the development of guidance required by Section 1655 of the NDAA for FY 2013 (Public Law 112-239). Section 1655 requires that the Office of Management and Budget (the parent organization of OFPP) publish guidance addressing the conversion of a function being performed by a small business concern to performance by a federal employee.

“OFPP seeks public comment on how agencies can best incorporate cost comparisons into their management practices and especially welcomes public comment on the following three issues: (1) when cost comparisons are likely to be beneficial; (2) what principles should guide the conduct of a cost comparison; and (3) what special considerations should be involved when work is currently being performed by a small business contractor.”

A public meeting will be conducted at the General Services Administration Auditorium located at 1800 F Street, NW, Washington, DC on Tuesday, March 5, 2013, at 2:00 pm eastern time and is expected to conclude not later than 5:00 pm eastern time. The public is asked to pre-register by Friday, March 1, 2013, due to security limitations. To pre-register, please send an email to Ms. Aisha Hasan of OFPP at ahasan@omb.eop.gov. Registration check-in will begin at 1:00 pm eastern time.

Parties wishing to make formal oral presentations at the public meeting must contact Ms. Aisha Hasan by email at ahasan@omb.eop.gov no later than Friday, March 1, 2013, to be placed on the public speaker list. Time allocations for oral presentations will be limited to five minutes. All formal oral public comments should be followed-up in writing and submitted to http://www.regulations.gov. When submitting comments, reference “Public Comments on the Use of Cost Comparisons.”

Instead of, or in addition to, participating in the public meeting, parties may submit written comments to http://www.regulations.gov by Monday, April 15, 2013. When submitting comments, reference “Public Comments on the Use of Cost Comparisons.” Parties wishing to share written statements at the public meeting must submit such statements to Ms. Hasan at ahasan@omb.eop.gov by Friday, March 1, 2013.



OPM to Adopt FAR Suspension and Debarment Procedures

The Office of Personnel Management (OPM) does not have its procurement rules in the Code of Federal Regulations (specifically, Title 48, Federal Acquisition Regulations System), so it intends to adopt the policies and procedures contained in FAR subpart 9.4, Debarment, Suspension, and Ineligibility, regarding the debarment, suspension, and ineligibility of government contractors. These new rules will be contained in an internal OPM document referred to as “Contracting Policy No. 9.4: OPM Suspension and Debarment Program.”

OPM proposes to adopt the following policy and incorporate it into its contracting policies:

Comments must be received on or before March 25, 2013. Address all comments concerning this proposed policy to: U.S. Office of Personnel Management, Contracting; ATTN: Contracting Policy, 1900 E Street NW, Washington, DC 20415; or by email to patricia.broome@opm.gov.



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