FAR councils publish plans for 38 upcoming rules this year

      The federal acquisitions councils have laid down an ambitious schedule of new and final rules for 2022.

      The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have set schedules for 22 upcoming Notices of Proposed Rulemakings and 16 upcoming Final Rules. The schedules are outlined in their Semiannual Regulatory Agenda published in the Federal Register on Jan. 31.

      Here is a summary of the most significant final rules:

• Coming in February 2022--A final rule will amend the FAR to implement changes regarding mentor-protege joint ventures involving a member of the 8(a) Business Development Program.
• Coming in March 2022--A final rule will clarify that small business contracting regulations apply overseas as well as domestically.
• Coming in March 2022--A final rule will create a FAR policy supporting use of the Acquisition 360 survey in a solicitation to elicit feedback on the pre-award and debriefing processes in a consistent and standardized manner. For each solicitation, agencies can invite interested parties to voluntarily fill out the survey.

      Here are several significant proposed new rulemakings:

• Coming in February 2022--The rule will implement in federal contracts the National Archives and Records Administration’s Controlled Unclassified Information (CUI) program and the OMB Memo M-17-12 on responding to breaches of personally-Identifiable Information. Both are based on an Executive Order of November 2010.
• Coming in April 2022-- A rule to implement Section 874 of the national defense authorization law for fiscal 2020. It will provide unsuccessful offerors the opportunity to request an explanation as to why their offer was not accepted. Contracting officers will be required to provide a brief explanation of “the rationale for award and an evaluation of the significant weak or deficient factors in the offeror's offer.”
• Coming in June 2022--A rule to bring the FAR and non-procurement procedures on suspension and debarment into closer alignment.
• Coming in June 2022--A rule to implement Sections 885 and 6403 of the national defense authorization for fiscal 2021, requiring that the Federal Awardee Performance and Integrity Information System (FAPIIS) identify the beneficial owner of a federal contractor that is a corporation. Certain offerers must disclose beneficial ownership for contracts over the simplified acquisition threshold.
• Coming in July 2022--A rule amending the FAR to include SBA's final rule of Oct. 16, 2020 regarding size protests on set-aside orders under multiple-award contracts that were not set-aside; and socioeconomic status protests on set-aside orders where the required status differs from that of the underlying multiple-award contract; among other matters.

More Information:
Regulatory Agenda: https://bit.ly/3swLNOc
SBA IG report: https://bit.ly/3oNLe1A

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