What's Ahead

SAM.gov Updates:

Check out the new workspace view once you sign in to your user account. The dashboard has been pulled to the front and the functionalities used most often are now more readily and easily available. You can view your roles, the records you follow (especially helpful if you are an administrator or hold a role for more than one entity), and also view your saved searches faster.

Federal Acquisition Supply Chain Security Act (FASCSA) and supply chain risk information sharing becomes effective on December 4, 2023, meaning exclusion and removal orders (referred to as FASCSA orders) will be available to view in SAM.gov after that date. Users will also be able to download a list of these orders. Read more here.

The list of socioeconomic status identifiers entities can choose from when registering have been updated. The new list and instructions on how to update your entity record are found here.

Recent Regulatory Changes: (Click on each title for a link to our breakdown)

• Federal Acquisition Circular (FAC) 2024-01 (published 11/14/2023) -- The only final rule in this FAC was FAR Case 2023-019 New Designated Country - North Macedonia. FAR was amended to add this country under those designated in the World Trade Organization (WTO) Government Procurement Agreement (GPA). These allows the Buy American statute to be waived for eligible products from North Macedonia.  

• DFARS Case 2017-D010 Inapplicability of Certain Laws and Regulations to Commercial Items (published 11/17/2023) -- Implements section 874 of the National Defense Authorization Act (NDAA) of Fiscal Year (FY) 2017 amending 10 United States Code (U.S.C.) 2375 (redesignated as 10 U.S.C. 3452) restricting the Contracting Officer's inclusion of contract clauses in contracts for commercial products, commercial services, and commercially available off-the-shelf (COTS) items and in subcontracts under contracts for the acquisition of the same. This guidance is reflected in DFARS Part 212.

Upcoming Regulatory Changes: (Click on each title for a link to our breakdown)

• Department of Labor (DOL) Wage and Hour Division (WHD) Notice - Minimum Wage for Federal Contracts Covered by Executive Order 14026, Notice of Rate Change in Effect as of January 1, 2024 -- Beginning on January 1, 2024, the Executive Order 14026 minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase to $17.20 per hour. This minimum wage rate will apply to non-tipped and tipped employees alike, as, beginning January 1, 2024, Executive Order 14026 eliminates the lower cash wage that contractors may pay tipped employees.
   

• Published 10/3/2023; Comments due by 12/4/2023:

  • FAR Case 2021-009 Protests of Orders Set Aside for Small Business (Proposed Rule) would provide clarification on what entities may protest a small business's size under an order on a multiple-award contract and when the protest would be due.

   

• Published 10/3/2023; Comments extended through 2/2/2024:

  • FAR Case 2021-017 Cyber Threat and Incident Reporting and Information Sharing (Proposed Rule) would add compliance requirements for incident and threat reporting and response for products or services containing Information and Communications Technology (ICT).

  • FAR Case 2021-019 Standardizing Cybersecurity Requirements for Unclassified Federal Information Systems (Proposed Rule) would standardize language and minimum cybersecurity standards across the Federal Government to protect and secure cloud-based, on-premises, or hybrid Federal Information Systems (FIS) used or operated by an agency, by a contractor of an agency, or by another organization on behalf of an agency. (Scroll below 2021-017 to view.)

• Published 10/25/2023; Comments due 12/26/2023:

  • DFARS Case 2023-D011: DoD Mentor-Protege Program would amend the DFARS to permanently authorize the program and extend the term for program participation from two years to three years, among other changes.

Prime or Subcontractor: What to Know Before About Each Role

FOMO (Fear of Missing Out) can push you into going after prime contract opportunities before your business may be ready or able to perform AND comply with reporting and other administrative contractual requirements. We go over what primes should be aware of before getting that first big award and why being a subcontractor doesn't sound glamorous but, in the Federal marketplace, it can be a lucrative role, bringing success to your business.

Extended Agency Moratoriums:

• GSA Moratorium on Enforcement of Certain Economic Price Adjustment (EPA) Clause Limitations -- extended by GSA through March 31, 2024.

• Bona Fide Place of Business (BFPOB) for 8(a) Construction Contractors -- extended by SBA through September 30, 2024.

Expand Your Federal Contracting Knowledge