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FAR Councils Act on IT Security, Time-and-Materials Contracts

The Federal Acquisition Regulation councils have adopted an interim rule requiring contracting officers to include IT security requirements in their acquisition planning.

The rule, effective Sept. 30, does not superseded individual agencies’ security standards, but requires that security considerations be a part of the contracting process. It implements provisions of the Federal Information Security Management Act of 2002.

“In particular, there is need to focus on the role of contractors in security as more and more federal agencies outsource various information technology functions,” the councils said. “Until now, regulations have generally been silent regarding security requirements for contractors who provide goods and services with IT security implications.”

The rule is FAC 2005-06, FAR case 2004-018. Comments are due Nov. 29.

Other FAR changes:

The FAR councils have issued proposed rules governing the use of time-and-materials and labor-hour contracts. To use such contracts, an agency would be required to complete a determination and finding that it is not possible to accurately estimate how long the work will take or how much it will cost.

The Office of Federal Procurement Policy conducted market research and found that T&M and LH contracts are widely used for commercial services in the private sector.

A separate proposed rule covers payments on such contracts.

A public meeting on the rule is set for Oct. 18 in Washington. To attend, you must register in advance at www.acq.osd.mil/dpap/dars/index.htm.

The proposed rules are FAR case 2003-027 and FAR case 2004-015. Comments are due Nov. 25.

Nonmanufacturer Rule Waivers

SBA is considering granting waivers of the nonmanufacturer rule for Commercial Refrigerator Equipment; Household Refrigerator Equipment; and Photographic Film, Paper, Plate, and Chemical Manufacturing.

The agency says no small manufacturers are supplying these products to the government.


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