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The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a proposed rule amending the Federal Acquisition Regulations (FAR) to extend the limitations on contractor employee personal conflicts of interest.  The proposed rule will extend those limitations to the performance of all functions that are closely associated with inherently governmental functions and contracts for personal services.  Functions closely associated with inherently governmental functions include services that involve or relate to budget preparation, feasibility studies, and the evaluation of another contractor’s performance.  They also include contractors providing assistance in the development of statements of work or participating in any activities or functions that could lead to the assumption that they are agency employees or representatives.

On September 27, 2013, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced interim rules in the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplement (“DFAR”) outlining enhancements to whistleblower protections for contractor employees (the “Program”).  The interim rules implement Section 828 of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2013, which went into effect on July 1, 2013.  The interim rules create a four-year pilot program for executive agencies subject to the Public Contracts section of the United States Code (“Title 41 agencies”) and make extensive changes to whistleblower protection for agencies subject to the Armed Forces section of the United States Code (“Title 10 agencies”).  The interim rules also create a whistleblower exemption for portions of the intelligence community subject to the National Security Act of 1947 (“Title 50 agencies.”)

On September 26, 2013, the Department of Defense, General Services Administration and the National Aeronautics and Space Administration published a proposed rule in the Federal Register seeking to amend the Federal Acquisition Regulation (“FAR”) to implement recent mandates aimed at stemming human trafficking.  In addition to codifying the current zero-tolerance policy against human trafficking, FAR subpart 22.17 would impose additional requirements on all Government contractors and subcontractors for ensuring awareness, compliance and enforcement of this policy.

As the federal contractor community awaits the final veterans and disability affirmative action regulations, the Office of Federal Contract Compliance Programs (OFCCP) is keeping itself busy cleaning house.

OFCCP has maintained a Directives System since 1979 to distribute guidance to its staff and members of the public on OFCCP policy. …

Last week, the General Services Administration (“GSA”) issued a Request for Information (“RFI”) soliciting comments from federal contractors on the feasibility of incorporating cybersecurity standards into federal acquisitions rules.  78 Fed. Reg. 27,966 (May 13, 2013).  Through the RFI, GSA hopes to obtain diverse stakeholder involvement prior to the implementation of any new cybersecurity framework.