JUST BECAUSE IT’S Q4 DOESN’T MEAN THE RULES STOP COMING
While most contractors are properly focused on closing business during the critical fourth quarter of the federal fiscal year, its important to note that acquisition policy officials are still hard at work on their projects as well. A recent review of open FAR cases showed nearly 13 pages of pending rules, all of which could impact the way in which a company sells to the government. While landing business should be a company’s priority, someone should be tasked with looking in the rear-view mirror to see what regulatory snares may trip up a business while it’s trying to do actual business. Objects in the regulatory mirror may be larger than they appear. Among the pending rules are revisions to organizational conflict of interest rules that require the FAR Council to provide and update definitions related to specific types of organizational conflicts of interest, including unequal access to information, impaired objectivity, and biased ground rules. A staff report on the pending rule is due next week. Another case “(u)pdates and clarifies FAR direction pertaining to market research, acquisition planning, small business specialist coordination, and the use of set-asides in the placement of orders against certain multiple award contracts.” This could result in encouraging more small business set-asides for GSA Schedule and other IDIQ contracts. A report on this rule is also due next week. One major case, currently due to be updated next month, will create an entire new FAR chapter, chapter 40, which will be the new location for cybersecurity supply chain requirements. This new FAR part is intended to provide contracting officers with a single, consolidated location in the FAR for cybersecurity supply chain risk management requirements. Federal contractors absolutely do need to pay attention to changes in acquisition rules that can impact their business, comment on proposals when necessary, and ensure that regulatory agencies understand the impact of new rules on conducting efficient government business. See the link here for the most recent update of pending FAR cases: https://www.acq.osd.mil/dpap/dars/opencases/farcasenum/far.pdf