MANAGEMENT OF OPEN FAR CASES 1/31/2005 8:33:55 AM

Transcription

1 MANAGEMENT OF OPEN FAR CASES 1/31/2005 8:33:55 AM

2 Cases in FY04 Status of Open FAR Cases (B) At Committee (E) At DARC/CAAC (F) Case Resolution (H) At GSA Legal 7 20 (J) GSA Legal Concurrence 1 10 (K) At OFPP (L) Resolving OFPP Issues FAR Cases Closed in 04 FAR Cases in 04 FAR Cases Published in 04 Total Open FAR Cases (M) OFPP Concurrence 1 FAC Number ANPR Proposed Interim Final (N) At OIRA 3 FAC (O) Resolving OIRA Issues 1 FAC (P) OIRA Cleared 2 FAC (S) At FARSEC 9 FAC (T) Out for Public Comment 3 FAC (V) On Hold 2 FAC FAC FAC FAC FAC FAC FAC Notice 3 Proposed 18 Total: Page 2 of 19

3 (B) At Committee Total = 12 (B) At Committee Final p -> p -> f Hazardous Material Safety Data Sain, Bill Industry 10/28/1998 Goral, Craig Clarify guidance and remove ambiguities in the clause at FAR , Hazardous Material Identification and Material Safety Data. 12/8/2004 # of Days in Status Final p -> f Government Property Rental and Special Tooling Last Update: 12/8/04, Received comments from public meeting. Law Team report due 1/26/05. RD extended 2/23/2005. Cohen, Steve Parnell, Jeritta 6/11/2002 Implements two DoD class deviations: 98-O0010, Use and Charges, and 98-O0011, Special Tooling. 10/22/2004 # of Days in Status 101 Last Update: 10/22/2004, FAR Team tasked to review public comments. Report due 1/28/ Interim Federal Prison Industries--Clearances Peterson, Michele CAAC 4/24/2003 Nelson, Linda Implements FPI Board resolution that FPI will grant waivers in all cases where the private sector provides a lower price for a comparable product that FPI does not meet. 1/12/2005 # of Days in Status Final p -> f Performance Based Service Acquisition Last Update: 1/27/2005, FPI advised they wish to continue to pursue FAR changes. DAR and FAR staff analysts will coordinate with FPI and make recommendation by 2/23/2005. Schulze, Robin Wise, Julia CAAC 9/15/2003 Implement the OFPP final report of the Interagency Task Force on Performance Based Service Acquisition. 10/6/2004 # of Days in Status Proposed Additional Commercial Contract Types Last Update: 12/01/2004, DAR case manager requested an extension. Expect to submit report by 01/18/2005. RD extended 02/23/2005. Schulze, Robin Zaffos, Jerry 11/25/2003 Implements Section 1432 of the National Defense Authorization Act for FY 2003 (HR 1588, enacted 11/24/2003). Section 1432 amends Section 8002(d) of the Federal Acquisition Streamlining Act of 1994 (Pub. L , 41 U.S.C. 264 note) to permit use of a 12/1/2004 # of Days in Status 61 Last Update: 12/01/2004, DARC tasked Acquisition Strategy Team to consider public comments on ANPR and draft proposed or interim rule. Report due 1/15/2005. RD extended 02/16/ Final Powers of Attorney for Bid Bonds Barrera, Euclides Executive Direction 12/16/2003 Davis, Cecelia Provide guidance on acceptability of photocopies of powers of attorney for bid bonds. 11/3/2004 # of Days in Status 89 Last Update: 12/17/2004, Law Team Report to be completed by 27 Jan 05. RD extended 02/02/ Final p -> f Accounting for Unallowable Costs Godlewski, Ted 3/2/2003 Revise the accounting for unallowable costs as a result of public comment received in response to FAR Case /1/2004 # of Days in Status 61 Last Update: 12/01/2004, DAR staff tasked Finance Team to review public comments and draft final FAR rule. RD 01/12/2005. RD extended to 02/02/2005. Page 3 of 19

4 (B) At Committee Total = 12 (B) At Committee Proposed Fly American Cohen, Steve CAAC 8/9/2004 Erwin, Deborah Conform FAR 47.4 to 41 CFR through /16/2004 # of Days in Status 199 Last Update: 10/28/2004, Report due date extended to 1/15/2005. RD extended to 2/16/ Proposed Fast Payment Procedures Godlewski, Ted 11/1/2004 Revise FAR to properly identify paper and electronic invoices under Fast Pay contracts. 11/3/2004 # of Days in Status 89 Last Update: 11/03/2004, DAR staff tasked Acquisition Finance Team to draft proposed FAR rule. RD 12/01/2004. RD extended to 01/05/2005. RD extended to 02/02/ Proposed Bio-Based Products Sain, Bill Executive Direction 11/1/2004 Marshall, Kimberly 1/11/2005 # of Days in Status Proposed Inflation Adjustment of Acquisition Thresholds Last Update: 1/11/05, Law team tasked to review case and draft proposed FAR rule. Report due date to be established. Cannot issue a final rule until Department of Agriculture has established the list of designated items and the bio-based standards for those items. Assessment due 2/19/2005. Williams, Amy Jackson, Michael 11/1/2004 Implements Section 807 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year Section 807 provides for adjustment every 5 years of acquisition related thresholds, except Davis-Bacon, Service Contract Act, and Trade Agreements th 11/3/2004 # of Days in Status Proposed Implementation of the Federal Procurement Data System--Next Generation (FPDS- NG) Last Update: 11/3/2004, DAR Council tasked Ad Hoc Cmte to draft proposed rule. Will coordinate with FAR Teams. Report due to DAR Council Mar 2, Moy, Angelena Zaffos, Jerry 12/7/2004 Facilitates implementation of FPDS-NG across the Feeral Government. 1/12/2005 # of Days in Status 19 (E) At DARC/CAAC Total = 6 (E) At DARC/CAAC Last Update: 1/12/2005, DAR Council discussed draft Proposed Rule. DARC/CAAC sent back to Committee. Revisions due next week. Report due 01/24/ Interim Purchases from Federal Prison Industries - Requirement for Market Research Peterson, Michele Nelson, Linda 11/24/2003 Implements Section 637 of the 2004 Consolidated Appropriations Act. Section 637 requires market research before purchasing any product from Federal Prison Industries, to determine whether the FPI product is comparable in price, quality, and time of deliv 1/26/2005 # of Days in Status 5 Last Update: 1/26/2005, DARC received draft interim rule FAR rule from DAR Staff. DARC to reclama by 2/2/2005. Page 4 of 19

5 (E) At DARC/CAAC Total = 6 (E) At DARC/CAAC Proposed Trade Agreements--Restriction on Acquisition of Services Williams, Amy Marshall, Kimberly Executive Direction 6/1/2004 Adds provision to implement the restriction on services in acquisitions subject to the Trade Agreements Act WTO Government Procurement Agreement. 9/1/2004 # of Days in Status 152 Last Update: 10/22/2004, Discussed at FAR Council. Will discuss again on 2/15/2005 at next FAR Council Proposed Information Technology Security Moy, Angelena Executive Direction 6/10/2004 Goral, Craig Ensure that IT security requirements are included in all relevant Government contracts. 1/12/2005 # of Days in Status Final i -> f Section 508 Micropurchase Exemption Last Update: 1/12/2005, Revisions by Angelena to be sent to DAR Council for RECLAMA by Wed 1/19/2005. Revissions to be sent to GSA by 1/25/2005. Moy, Angelena Nelson, Linda 6/10/2004 Extend section 508 Micropurchase exemption through March 1, /06/2004, Public comment period ended. 12/8/2004, Received public comments from FAR Secretariat. DAR staff processing. 1/26/2005 # of Days in Status 5 Last Update: 01/26/2005, DARC agreed to draft final FAR Rule. DAR Staff Processing Proposed Government Property Cohen, Steve 6/21/2004 Parnell, Jeritta Government property re-write. 12/1/2004 # of Days in Status Interim Submission of Cost or Pricing Data on Noncommercial Modifications of Commercial Items Last Update: 1/12/2005, CAAC and DAR Council Discussion scheduled for 01/26/2005 to discus joint session held at GSA. Sain, Bill 11/1/2004 Implements Section 818 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year Section 818 amends 10 U.S.C. 2306a to address that the exception to the requirement for cost or pricing data does not apply to noncommercial modificat 1/26/2005 # of Days in Status 5 (F) Case Resolution Total = 3 (F) Case Resolution Last Update: 01/26/2005, DARC agreed to draft interim FAR rule. DAR staff will send to CAAC by 02/04/ Proposed Subcontracting Credit for Orders--Part 42 Cohen, Steve Parnell, Jeritta CAAC 5/4/2004 Address past performance in subcontracting and provide the ordering agency the option of establishing an evaluation factor for subcontracting as part of its source selection process. 7/28/2004 # of Days in Status 187 Last Update: 7/28/2004, DARC discussed and disagreed to CAAC's revision. DAR and FAR staff resolving issues. Page 5 of 19

6 (F) Case Resolution Total = 3 (F) Case Resolution Proposed Payments under Time-and-Materials and Labor-Hour Contracts Godlewski, Ted 5/10/2004 Clarify the clause at , Payments under Time-and-Materials and Labor-Hour Contracts. 12/23/2004 # of Days in Status 39 Last Update: 12/23/2004, FAR staff notified DoD staff of issues with the draft proposed FAR rule approved by DARC. DAR and FAR staff resolving open issues Proposed OMB Circular A-76 Terry, Anne Executive Direction 6/17/2004 Zaffos, Jerry Revise FAR to be consistent with latest revisions to OMB Circular A-76 (May 2003). 1/24/2005 # of Days in Status 7 (H) At GSA Legal Total = 7 (H) At GSA Legal Last Update: 01/24/2005, DAR Council approved proposed FAR rule with changes DAR Staff forwarded to CAAC 1/24/2005. CAAC to discuss 2/2/ Final Lobbying Restrictions Barrera, Euclides 11/15/1989 Goral, Craig Implements section 1352, P.L which prohibits recipients of Federal contracts, grants, loans or cooperative agreements from using appropriated funds to lobby in connection with such contracts, loans, etc. 1/19/2005 # of Days in Status 12 Last Update: 1/19/2005, Sent to GSA Legal. Expect to send to OFPP 2/9/ Final p -> f FAR Part 27 Rewrite in Plain Language Williams, Amy Goral, Craig 8/11/1999 Rewrite FAR Part 27 in plain language. 10/22/2004 # of Days in Status Final p -> f Transportation: Standard Industry Practices Last Update: 10/22/2004, Draft final FAR rule from FAR analyst to GSA Legal. GSA Legal reviewing. Est. clearance by 3/2/05. Cohen, Steve Parnell, Jeritta CAAC 1/30/2002 Implement changes to Federal Management Regulation (FMR) (41 CFR and -118) which move transportation services to standard industry practices. 7/7/2004 # of Days in Status Final p -> f Reimbursement of Relocation Costs on a Lump-Sum Basis Last Update: 7/7/2004, Draft final FAR rule from FAR analyst to GSA legal. GSA legal reviewing. Expect GSA leagal Concurrence 1/24/2005. Godlewski, Ted 3/24/2003 Consider revision of the relocation cost principle to permit lump-sum reimbursements for certain types of costs. 1/21/2005 # of Days in Status 10 Last Update: 01/21/2005, Draft final FAR rule from FAR analyst to GSA Legal. GSA Legal reviewing. Page 6 of 19

7 (H) At GSA Legal Total = 7 (H) At GSA Legal Final p -> f Gains and Losses Godlewski, Ted 2/12/2004 Revise the cost principle on gains and losses on disposition or impairment of depreciable property or other capital assets, in response to public comments received under FAR Case /21/2005 # of Days in Status 10 Last Update: 01/21/2005, CAAC agreed with draft final FAR rule. FAR analyst sent draft final FAR rule to GSA Legal. GSA Legal reviewing Proposed Buy-Back of Assets Godlewski, Ted 5/10/2004 Address cost treatment when a contractor buys back an asset after a sale and leaseback arrangement, or any other situation where the contractor depreciates an asset, disposes of the asset, then reacquires the asset. 1/21/2005 # of Days in Status 10 Last Update: 01/21/2005, FAR analyst sent draft revised proposed FAR rule to GSA Legal. GSA Legal reviewing Proposed Earned Value Management System Cohen, Steve Parnell, Jeritta Executive Direction 6/10/2004 Implement earned value management system in the FAR. 1/13/2005 # of Days in Status 18 (J) GSA Legal Concurrence Total = 1 (J) GSA Legal Concurrence Last Update: 1/13/2005, Draft proposed FAR rule from FAR analyst to GSA Legal. GSA Legal reviewing. Expect GSA Legal Concurrence by 1/28/ Final p -> f Payment Withholding Godlewski, Ted Executive Direction 1/13/2004 Revise to require withholding only when necessary to protect Government interest. 12/27/2004 # of Days in Status 35 (K) At OFPP Total = 3 (K) At OFPP Last Update: 12/27/2004, GSA Legal concurred with draft final FAR rule. FAR staff preparing to send to OFPP by 1/26/ Final p -> p -> f Commercially Available Off-The-Shelf Items (COTS) Williams, Amy Zaffos, Jerry 9/11/2000 Implement section 4203 of the FY96 Defense Authorization Act by revising the FAR to include a list of provisions that are inapplicable to contracts for the procurement of commercially available off-the-shelf items. 6/18/2004 # of Days in Status 227 Last Update: 10/22/2004, Discussed at FAR Council. OFPP plans to provide direction, and request LAW Team to assist in analysis after New Year. Page 7 of 19

8 (K) At OFPP Total = 3 (K) At OFPP Final p -> f Share-In-Savings Contracting Schulze, Robin 5/20/2003 Buck, Ken Implements Section 210 of Pub.L , enacted 12/17/2002. Authorizes Government-wide use of share-in-savings contracts for information technology. 1/11/2005 # of Days in Status 20 Last Update: 01/11/2005, Draft final FAR rule from CAAC to OFPP. OFPP reviewing. Expect concurrence by 01/25/ Final i -> f Telecommuting for Federal Contractors Schulze, Robin Zaffos, Jerry 11/25/2003 Implements Section 1428 of the National Defense Authorization Act for FY 2004 (HR 1588, enacted 11/24/2003). Section 1428 requires amendment to the FAR within 180 days of enactment, authorizing telecommuting for federal contractors. 1/18/2005 # of Days in Status 13 (L) Resolving OFPP Issues Total = 1 (L) Resolving OFPP Issues Last Update: 01/18/2005, Draft final FAR rule from CAAC to OFPP. Expect OMB clearance by 02/02/ Final p -> p -> f Training and Education Cost Principle Godlewski, Ted 3/13/2001 Streamline cost principle at FAR , Training and Education Costs. 12/6/2004 # of Days in Status 56 (M) OFPP Concurrence Total = 1 (M) OFPP Concurrence Last Update: 12/06/2004, OFPP identified draft final FAR rule issues. OFPP, FAR and DAR staff resolving issues Final Application of the Brooks Act to Mapping Services Barrera, Euclides Davis, Cecelia Executive Direction 6/18/2004 Consider public comments in response to Mapping Notice (69 FR 13499, March 23, 2004). 12/26/2005 (N) At OIRA Total = 3 (N) At OIRA # of Days in Status -329 Last Update: 01/26/2005, OFPP cleared. GSA FAR Staff preparing to send to OIRA Final p -> f Deferred Compensation and Postretirement Benefits Other Than Pensions Godlewski, Ted 9/27/2001 Revises paragraphs (k) and (o) of FAR , Compensation for Personal Services. The Ad Hoc Committee was formed to consider comments received from representatives from industry and Government during a series of public meetings. 1/19/2005 # of Days in Status 12 Last Update: 1/19/2005, CAAC chair sent final FAR rule to OIRA. OIRA reviewing. Expect clearance by 2/2/2005. Page 8 of 19

9 (N) At OIRA Total = 3 (N) At OIRA Proposed SB Credit for Alaska Native Corporations and Indian tribes and Confirmation of HUBZone Certification Schulze, Robin Cundiff, Rhonda 6/2/2004 Implements section 702 of Pub.L , as amended by section 3003 of Pub.L The law permits subcontracts awarded to certain Alaska Native Corporations to be counted towards a contractor's goal for subcontracting with SB and SDB concerns and s 1/26/2004 # of Days in Status 371 Last Update: 01/26/2005, OIRA cleared proposed FAR rule. FAR staff processing Interim Definition of Information Technology Godlewski, Ted 11/1/2004 Goral, Craig Implements Section 535(b) of Pub. L Section 535(b) revises the definition of "Information Technology" at 40 U.S.C /28/2005 # of Days in Status 3 (O) Resolving OIRA Issues Total = 1 (O) Resolving OIRA Issues Last Update: 01/28/2005, FAR staff sent draft interim FAR rule to OIRA for clearance. OIRA reviewing Final p -> f Labor Standards for Contracts Involving Construction (Part 22 Subcontracts and Definition of Terms) Barrera, Euclides Nelson, Linda CAAC 1/18/2002 This case clarifies, moves, or eliminates certain definitions in and removes inconsistencies between the clause prescriptions at and the clause at , Subcontracts (Labor Standards). 12/13/2004 # of Days in Status 49 (P) OIRA Cleared Total = 2 (P) OIRA Cleared Last Update: 01/24/2005, GSA FAR Analyst requested written clarification and direction from OIRA's Lew Oleinick on how to proceed with formatting input of this case into ROCIS Final i -> f Procurement Program for Service-Disabled Veteran-Owned Small Business Concerns Schulze, Robin Cundiff, Rhonda 1/8/2004 Implements Public Law , which provdes for set-aside and sole source procurement authority for service-disabled veteran-owned small business concerns. 1/26/2004 # of Days in Status 371 Last Update: 01/26/2005, OIRA cleared final FAR rule. FAR staff processing Final i -> f Incentives for Use of Performance-Based Contracting for Schulze, Robin Services Wise, Julia 1/21/2004 Implements Sections1431 and 1433 of the National Defense Authorization Act for FY 2004 (Pub. L , enacted ). Provides authority to treat certain performance-based service contracts as contracts for the procurement of commercial items. 1/26/2005 # of Days in Status 5 Last Update: 01/26/2005, OIRA cleared final FAR rule. FAR staff processing. Page 9 of 19

10 (S) At FARSEC Total = 9 (S) At FARSEC Final p -> p -> f Cost Accounting Standards (CAS) Administration Godlewski, Ted 12/7/1999 Amend FAR 30.6 to add a process for determining monies due the Government as a result of contractor changes in cost accounting practice. 1/3/2005 # of Days in Status 28 Last Update: 01/03/2005, Final FAR rule sent to FARSEC for publication in next FAC Final p -> f Use of FAR Clause , Subcontracts for Commercial Items and Commercial Components, in Construction Contracts Barrera, Euclides Cundiff, Rhonda Army 10/3/2002 Review clause prescription for FAR clause /13/2004 # of Days in Status 49 Last Update: 12/13/04, Final rule to FARSEC for preparation of FAC Final Applicability of SDB and HUBzone Price Evaluation Factor to Eligible Products and Qualifying Country End Williams, Amy CAAC Products Marshall, Kimberly 10/10/2003 Remove exceptions to the SDB and HUBzone preference programs that direct contracting officer not to apply process evaluation factor to an otherwise successful offeror of eligible products in acquisitions subject to the Trade Agreements Act or, for DoD, qu 1/14/2005 # of Days in Status 17 Last Update: 1/14/2005, Final rule to FARSEC for preparation of FAC Final p -> f Nonavailable Articles--Policy Williams, Amy DLA 11/19/2003 Marshall, Kimberly Review the policy relating to the list of nonavailaible articles at FAR (a). 11/23/2004 # of Days in Status 69 Last Update: 11/23/2004, Final FAR rule to FARSEC for preparation of FAC Interim Elimination of Certain Subcontract Notification Cohen, Steve Requirements Cundiff, Rhonda 11/25/2003 Implements Section 842 of the National Defense Authorization Act for FY 2004 (HR 1588, enacted 11/24/2003). Section 842, applicable to DoD, NASA, and Coast Guard, amends 10 U.S.C. 2306(e) to eliminate the subcontract notification requirement if the prime 12/27/2004 # of Days in Status 35 Last Update: 12/27/2004, Interim Rule sent to FARSEC Interim Improvements in Contracting for Architect-Engineer Barrera, Euclides Services Zaffos, Jerry 1/8/2004 Implements Section 1427(b) of the National Defense Authorization Act for FY Section 1427(b) places restrictions on acquisition of A/E services through multiple-award schedule contracts entered into by GSA or Government-wide task and delivery orde 11/29/2004 # of Days in Status 63 Last Update: 01/10/05, This rule will be published in the next FAC Final Extension of Authority for Use of Simplified Acquisition Threshold (Test Terry, Anne Program). Jackson, Michael 11/1/2004 Implements Section 817 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year Section 817 extends the authority for use of simplified acquisition procedures through January 1, /14/2005 # of Days in Status 17 Last Update: 01/14/2005, Final rule to FARSEC for preparation of FAC. Page 10 of 19

11 (S) At FARSEC Total = 9 (S) At FARSEC Interim Landscaping and Pest Control Terry, Anne 11/1/2004 Marshall, Kimberly Implements Section 821 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year Section 821 adds landscaping and pest control services to the Small Business Competitiveness Demonstration Program Act of /27/2005 # of Days in Status 4 Last Update: 01/27/2005, Interim FAR rule to FARSEC for preparation of FAC Interim Increased Justification and Approval Threshold for DoD, NASA, and Coastguard Schulze, Robin Jackson, Michael 11/8/2004 Implements Section 815 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year Section 815 increases the threshold for SPE approval of the use of procedures other than competitive procedures from $50 million to $75 million. 1/21/2005 # of Days in Status 10 (T) Out for Public Comment Total = 3 (T) Out for Public Comment Last Update: 1/21/2005, Interim FAR Rule to FARSEC for preparation of FAC Proposed Federal Technical Engineering Documents System Moy, Angelena Zaffos, Jerry Executive Direction 4/1/2004 Makes use of the Federal Technical Data Solution (FedTeDS) mandatory for the posting of Sensitive but Unclassified information for solicitaitons. 11/1/2004 # of Days in Status 91 Last Update: 1/3/205, Publis Comment period ended. RD TBD Interim Notification of Employee Rights-Union Dues and Barrera, Euclides Fees Goral, Craig Executive Direction 4/9/2004 Implements E.O , 2001, Notification of Employee Rights Concerning Payment of Union Dues or Fees, and related DoL final rule (69 FR 16376). 12/20/2004 # of Days in Status Interim Free Trade Agreements--Australia and Morocco Last Update: 12/20/2004, Published interm FAR rule in Federal Register (69 FR 76352). Public comment period ends 2/18/2005. Williams, Amy Marshall, Kimberly 8/9/2004 Implements new Free Trade Agreements with Australia (Pub. L ) and Morocco (HR 4842), which take effect on January 1, /28/2004 # of Days in Status 34 Last Update: 12/28/04, Published interim DFARS rule in Federal Register (69 FR 77870). Public comment period ends 2/28/05. Page 11 of 19

12 (V) On Hold Total = 2 (V) On Hold Proposed Exemption of Certain Commercial Service Contracts from the Service Contract Act Barrera, Euclides Wise, Julia 1/18/2001 Implement a Department of Labor final rule (66 FR 5328) that exempts certain contracts for commercial services from coverage under the Service Contract Act if certain conditions are met. 6/16/2004 # of Days in Status 229 Last Update: 6/16/2004, On Hold at direction of FAR Council Proposed Socio-Economic Programs under Schedules Schulze, Robin Nelson, Linda 6/18/2004 Apply socio-economic programs to orders under Schedules. 1/4/2005 # of Days in Status 27 Last Update: 01/04/2005, Case on hold at the disrection of the CAAC. CAAC closed case. Need D/DPAP approval. Page 12 of 19

13 FAC Total = 8 FAC Final Electronic Commerce in Federal Procurement 11/19/ /1/2003, Published final FAR rule in Federal Register (68 FR 56676) Final Notification of Overpayment DCAA 1/29/ /1/2003, Published final FAR rule in Federal Register (68 FR 56682) Final Prohibited Sources 2/21/ /01/2003, Published final FAR rule in Federal Register (68 FR 56685) Final Economic Planning, Employee Morale, and Travel Cost Principles 1/4/ /1/2003, Published final FAR rule i n Federal Register (68 FR 56686) Final Temporary Emergency Procurement Authority 1/15/ /1/2003, Published in Federal Register Final Central Contractor Registration CAAC 9/16/ /1/2003, Published final FAR rule in Federal Register (68 FR 56669) Final Procurements for Defense against or Recovery from Terrorism or Nuclear, Biological, Chemical, or Radiological Attack 12/3/ /1/2003, Published final FAR rule in Federal Register (68 FR 56681) Final Caribbean Basin Country--Dominican Republic Executive Direction 5/19/ /1/2003, Published final FAR rule in Federal Register (68 FR 56684). FAC Total = 1 FAC Final Contract Bundling--Implementing the OMB Report. Executive Direction 12/12/ /20/2003, Published final FAR rule in Federal Register (68 FR 60000). FAC Total = 7 FAC Final New Consolidated Form for Selection of Architect-Engineer Contractors CAAC 9/20/2000 6/1/2004, Published notice of supplemental information in Federal Register (69 FR 30835). Page 13 of 19

14 FAC Total = 7 FAC Final Depreciation Cost Principle 7/9/ /11/2003, Published final FAR rule in Federal Register (68 FR 69246) Final Insurance and Pension Costs 12/11/ /11/2003, Published final FAR rule in Federal Register (68 FR 69251) Final Debarment and Suspension--Order Placement and Option Exercise Executive Direction 5/9/ /11/2003, Published final FAR rule in Federal Register (68 FR 69250) Final Debriefing--Competitive Acquisition 5/22/ /11/2003, Published final FAR rule in Federal Register (68 FR 69257) Final Increased FPI Waiver Threshold CAAC 3/18/ /11/2003, Published final FAR rule in Federal Register (68 FR 69249) Final Federal Procurement Data System-NG CAAC 9/15/ /11/2003, Published final FAR rule in Federal Register (68 FR 69248). FAC Total = 1 FAC Final Free Trade Agreements--Chile and Singapore 10/10/ /05/2004, Published final FAR rule in Federal Register (69 FR 59698) FAC Total = 1 FAC Final Special Emergency Procurement Authority 11/21/ /10/204, Sent to FAR Secretariat. To Be Published in FAC /16/2004, OIRA cleared revised final FAR rule. FAC Total = 1 FAC Interim Purchases from Federal Prison Industries - Requirement for Market Research 11/24/2003 1/26/2005, DARC received draft interim rule FAR rule from DAR Staff. DARC to reclama by 2/2/2005. Page 14 of 19

15 FAC Total = 5 FAC Final Government Property Disposal 6/2/1995 4/5/2004, Published final FAR rule in Federal Register (69 FR 17741) Final General Provisions of the Cost Principles 11/7/2001 4/5/2004, Published final FAR rule in Federal Register (69 FR 17764) Final Unique Contract and Order Numbering System Executive Direction 11/4/2002 4/5/2004, Published final FAR rule in Federal Register (69 FR 17768) Final Unsolicited Proposals 12/5/2002 4/5/2004, Published final FAR rule in Federal Register (69 FR 17768) Final New Mexico Tax--United States Missile Defense Agency 9/23/2003 4/5/2004, Published final FAR rule in Federal Register (69 FR 17769). FAC Total = 1 FAC Final Procurement Program for Service-Disabled Veteran-Owned Small Business Concerns 1/8/ /26/2005, OIRA cleared final FAR rule. FAR staff processing. FAC Total = 9 FAC Final Federal Supply Schedule Services and Blanket Purchase Agreements CAAC 8/23/2000 6/18/2004, Published final FAR rule in Federal Register (69 FR 34231) Final Application of Cost Principles and Procedures and Accounting for Unallowable Costs 2/5/2002 6/18/2004, Published final FAR rule in Federal Register (69 FR 34241) Final Gains and Losses, Maintenance and Repair Costs, and Material Costs 3/4/2002 6/18/2004, Published final FAR rule in Federal Register (69 FR 34242) Final Definitions Clause 5/22/2002 6/18/2004, Published final FAR rule in Federal Register (69 FR 34228). Page 15 of 19

16 FAC Total = 9 FAC Final Buy American Act--Nonavailable Articles DLA 5/19/2003 6/18/2004, Published final FAR rule in Federal Register (69 FR 34241) Final Procurement List Maintained by the Committee for Purchase From People Who Are Blind or Severely Disabled CAAC 8/18/2003 6/18/2004, Published final FAR rule in Federal Register (69 FR 34229) Final Incentives for Use of Performance-Based Contracting for Services 1/21/ /26/2005, OIRA cleared final FAR rule. FAR staff processing Final Designated Countries--New European Union Members Executive Direction 4/7/2004 6/18/2004, Published final FAR rule in Federal Register (69 FR 34239) Final Immigration and Nationality Act--Determining Official for Employment Provision Compliance 6/18/2004, Published final FAR rule in Federal Register (69 FR 34230). FAC Total = 4 FAC Executive Direction 4/8/ Final Elimination of the Standard Form 1417 CAAC 9/4/ /5/2004, Published Interim FAR Rule in Federal Register Final Free Trade Agreements--Chile and Singapore 10/10/ /05/2004, Published final FAR rule in Federal Register (69 FR 59698) Final Telecommuting for Federal Contractors 11/25/ /18/2005, Draft final FAR rule from CAAC to OFPP. Expect OMB clearance by 02/02/ Final Section 508 Micropurchase Exemption 6/10/ /26/2005, DARC agreed to draft final FAR Rule. DAR Staff Processing. FAC Total = 6 FAC Final Applicability of the Cost Principles 2/22/ /15/2004, DAR staff concurred with draft final rule FAC. FARSEC finalizing FAC Page 16 of 19

17 FAC Total = 6 FAC Final Excluded Parties List System Enhancement CAAC 10/9/ /19/2004, Final rule will be published in FAC Final Electronic Representations and Certifications 10/15/2002 8/10/2004, Sent to FAR Secretariat. To be Published in FAC Final (T) Mentor Protege Program - Delegation of Approval Authority 6/17/ /20/2004, Published Final FAR rule in Federal Register (69 FR 76355). Case closed Final Special Emergency Procurement Authority 11/21/ /10/204, Sent to FAR Secretariat. To Be Published in FAC /16/2004, OIRA cleared revised final FAR rule Interim Notification of Employee Rights-Union Dues and Fees Executive Direction 4/9/ /20/2004, Published interm FAR rule in Federal Register (69 FR 76352). Public comment period ends 2/18/2005. FAC Total = 1 FAC Interim Free Trade Agreements--Australia and Morocco 8/9/ /28/04, Published interim DFARS rule in Federal Register (69 FR 77870). Public comment period ends 2/28/05. Notice Total = 3 Notice Proposed Additional Commercial Contract Types 11/25/ /01/2004, DARC tasked Acquisition Strategy Team to consider public comments on ANPR and draft proposed or interim rule. Report due 1/15/2005. RD extended 02/16/ Final Application of the Brooks Act to Mapping Services Executive Direction 6/18/ /26/2005, OFPP cleared. GSA FAR Staff preparing to send to OIRA ANPRM List of Nonavailable Articles Under the Buy American Act 6/18/ /08/2004, Close case. No further action required. Page 17 of 19

18 Proposed Total = 18 Proposed Final Hazardous Material Safety Data Industry 10/28/ /8/04, Received comments from public meeting. Law Team report due 1/26/05. RD extended 2/23/ Final Commercially Available Off-The-Shelf Items (COTS) 9/11/ /22/2004, Discussed at FAR Council. OFPP plans to provide direction, and request LAW Team to assist in analysis after New Year Final Applicability of the Cost Principles 2/22/ /15/2004, DAR staff concurred with draft final rule FAC. FARSEC finalizing FAC Final Training and Education Cost Principle 3/13/ /06/2004, OFPP identified draft final FAR rule issues. OFPP, FAR and DAR staff resolving issues Final Labor Standards for Contracts Involving Construction (Part 22 Subcontracts and Definition of Terms) CAAC 1/18/ /24/2005, GSA FAR Analyst requested written clarification and direction from OIRA's Lew Oleinick on how to proceed with formatting input of this case into ROCIS Final Transportation: Standard Industry Practices CAAC 1/30/2002 7/7/2004, Draft final FAR rule from FAR analyst to GSA legal. GSA legal reviewing. Expect GSA leagal Concurrence 1/24/ Final Government Property Rental and Special Tooling 6/11/ /22/2004, FAR Team tasked to review public comments. Report due 1/28/ Final Use of FAR Clause , Subcontracts for Commercial Items and Commercial Components, in Construction Contracts Army 10/3/ /13/04, Final rule to FARSEC for preparation of FAC Final Excluded Parties List System Enhancement CAAC 10/9/ /19/2004, Final rule will be published in FAC Final Electronic Representations and Certifications 10/15/2002 8/10/2004, Sent to FAR Secretariat. To be Published in FAC Final Reimbursement of Relocation Costs on a Lump-Sum Basis 3/24/ /21/2005, Draft final FAR rule from FAR analyst to GSA Legal. GSA Legal reviewing Final Share-In-Savings Contracting 5/20/ /11/2005, Draft final FAR rule from CAAC to OFPP. OFPP reviewing. Expect concurrence by 01/25/ Final (T) Mentor Protege Program - Delegation of Approval Authority 6/17/ /20/2004, Published Final FAR rule in Federal Register (69 FR 76355). Case closed Final Performance Based Service Acquisition CAAC 9/15/ /01/2004, DAR case manager requested an extension. Expect to submit report by 01/18/2005. RD extended 02/23/2005. Page 18 of 19

19 Proposed Total = 18 Proposed Final Nonavailable Articles--Policy DLA 11/19/ /23/2004, Final FAR rule to FARSEC for preparation of FAC Final Payment Withholding Executive Direction 1/13/ /27/2004, GSA Legal concurred with draft final FAR rule. FAR staff preparing to send to OFPP by 1/26/ Final Gains and Losses 2/12/ /21/2005, CAAC agreed with draft final FAR rule. FAR analyst sent draft final FAR rule to GSA Legal. GSA Legal reviewing Final Accounting for Unallowable Costs 3/2/ /01/2004, DAR staff tasked Finance Team to review public comments and draft final FAR rule. RD 01/12/2005. RD extended to 02/02/2005. Page 19 of 19