What's Ahead
Recent Regulatory Changes
(Links in Titles)
FAC 2024-05 (Published 4/22/2024) contained one final rule.
FAR Case 2022-006, Sustainable Procurement (Final Rule) - Revises FAR to implement E.O. 14067, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability (12/8/2021). Realigns the FAR to dedicate FAR Part 23 to environmental matters, adds a definition of "sustainable products and services" to FAR Part 2.101, creates a new omnibus contract clause FAR 52.223-23 "Sustainable Products and Services" to uniformly communicate the Government's requirements, and requires agencies incorporate the use of sustainable products and services when describing Government requirements, among other changes.
Published 4/22/2024 | Effective 5/22/2024
FAR Case 2022-009, Certification of Service-Disabled Veteran-Owned Small Businesses (Interim Rule) - Revises FAR to implement SBA final rules of 11/29/2022 and 7/3/2023, which in turn implemented section 862 of the William M. (Mac) Thornberry National Defense Authorization Act (NDAA) for FY2021 transferring the verification of small businesses owned and controlled by veterans or service-disabled veterans from the VA to SBA effective 1/1/2023 and creating a certification requirement for SDVOSBs who wish to participate in sole-source and set-asides.
VOSBs and SDVOSBs are strongly encouraged to review the complete interim rule for a full understanding of program eligibility, protest procedures, provision and clause changes, and other requirements (ex. SAM indicators and decisions by SBA regarding status). Comments on this interim rule are due no later than 4/23/2024.
*****Hot Topic - Cybersecurity*****
DFARS Class Deviation 2024-O0013, Safeguarding Covered Defense Information and Cyber Incident Reporting (effective 5/2/2024) -- DoD Contracting Officers are directed to use a deviation to DFARS Clause 252.204-7012 (in lieu of that presently published in DFARS) which requires contractors subject to the clause to comply with the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 Revision 2, instead of the version of NIST SP 800-171 in effect at the time the solicitation is issues or as authorized by the Contracting Officer. This requirement also flows down to subcontractors when it has been determined that those subs provide operationally critical support or their performance involves covered defense information.
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DFARS Case 2023-D009 Use of Fixed-Price Contracts for Certain Major Defense Acquisition Programs (Final Rule) - Amends DFARS to implement Section 808 of the NDAA for FY2023 so that, unless waived, the Government may not procure more than one low-rate initial production lot associated with a major defense acquisition program if, at the time of Milestone B approval, the milestone decision authority authorizes the use of a fixed-price type contract and the scope of work of the fixed-price contract includes both development and low-rate initial production of items associated with such major defense acquisition program.
Published and effective 4/25/2024
*****Don't Skip This*****
Department of Labor - Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (Final Rule) - Increases the standard salary level and the highly compensated employee (HCE) total annual compensation threshold and also adds a process for updating the salary and compensation thresholds on a regular basis to adjust for inflation.
The standard salary level and HCE total annual compensation requirement will increase as follows:
▶️ July 1, 2024 -- increase to $844(weekly) and $132,964 (annually), respectively
▶️ January 1, 2025 -- increase to $1,128 (weekly) and $151,164 (annually), respectively
▶️ Every 3 years thereafter on July 1 as determined by DOL.
What was proposed but is not part of this final rule is application of the standard salary level to U.S. territories subject to the Federal minimum wage and an update to the special salary levels for American Samoa and the motion picture industry.
Published 4/26/2024 | Effective 7/1/2024
