GSA PUTS CONTRACTORS ON NOTICE ABOUT NEW RULES

Contractors can expect to see multiple new contract clauses over the coming months adding new requirements on climate change and cybersecurity to both existing and new contracts.  That was the message delivered by GSA recently in an effort to provide industry with a “heads up” on how their government business may be impacted.  To be clear, GSA was mostly acting as the messenger as the agency must formulate regulations in response to executive orders and legislation.  They deserve kudos for trying to get the message out.  GSA officials stated that they are tracking 27 executive orders right now that impact industry, government customers, or both.  Four of those orders cover climate change issues.  New rules coming soon include green house gas emission tracking and reduction plans, a re-write of FAR Part 23’s sustainable procurement rules, and requirements to minimize acquisition’s impact on climate change.  GSA’s new Commercial Platform RFP already contains the green house gas requirements.  Cyber-related rules could pose even more significant burdens on industry.  Perhaps one of the largest impacts will be on software acquisition, where GSA expects that all companies providing software will have new security and supply chain requirements.  Another rule will standardize cyber requirements for contractors that work with unclassified federal information systems.  Companies that provide such services can expect to have to meet new security standards and provide enhanced documentation showing their compliance with them.  GSA encouraged industry to closely track and submit comments on all proposed or interim rules.  That is indeed sound advice.  While the rules WILL come, industry can help shape their final forms to minimize some of the most serious impacts.  Contractors should participate in the rule-making process and prepare to meet new requirements.