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Open FAR Cases - Limitations on Subcontracting

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All,

I was going to get help in identifying the process to learn more about one of the open FAR cases. I am sure you guys are familiar with this particular open FAR change around the "Limitations on Subcontracting". 

I have been checking the open FAR cases report every week for the past 6 months and there has been no movement on it since Apr (4/20). https://www.acq.osd.mil/dpap/dars/opencases/farcasenum/far.pdf

The last update from 4/20 says OIRA is reviewing the change. Reginfo web URL for this case hasn’t been updated in a while and I have been in touch with the GSA contact listed on this page - https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201804&RIN=9000-AN35

I went to the OIRA website and the website says "The period for OIRA review is limited by Executive Order 12866 to 90 days. There is no minimum period for review. Under the Executive Order, the review period may be extended indefinitely by the head of the rulemaking agency; alternatively, the OMB Director may extend the review period on a one-time basis for no more than 30 days."

[ https://www.reginfo.gov/public/jsp/Utilities/faq.jsp ]

It has been more than 120 days and I still don't see an update. I emailed OIRA_submission@omb.eop.gov and requested an update and received no response

Do you guys know any other details on this topic or how could I go about it?

Thank you. Appreciate your thoughts.

 

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The FAR Case is 2016-011.  I'm guessing because the original poster did not provide a specific citation.

The FAR Case mentions Section 1651 of the NDAA for FY 2013.  It is here.

The Final SBA Rule mentioned in the FAR Case is here.

 

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This is an over simplification, but I believe one of the purposes of the OIRA review is to ensure that new policies track with current administration objectives. If they are not deemed consistent with the Administration objectives or polices they don't get published as a final rule.

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Thank you cds. But do you know how long OIRA is expected to take for the review (their website says 90-120 days) and if there is a place to check on the status of the review? 

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Thank you Don. This URL is showing the "received data" to be 6/19 as opposed to 4/20 on the FAR cases pdf file. I wonder if the 90-day clock starts on 6/19.

Also,  interestingly, the status on the URL I posted above says that the rule is in "Interim Final Rule" stage ( https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201804&RIN=9000-AN35) whereas the link you shared has it as "proposed rule" stage.  I wonder which status is accurate!

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Sorry for the delayed response. Don, I did contact the GSA contact listed - she was approachable but basically told me the issue is with OIRA. I was wondering if there is a way to reach out to OIRA and ask for an update. 

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Guest Vern Edwards
28 minutes ago, xanadu said:

I was wondering if there is a way to reach out to OIRA and ask for an update. 

Here's their phone number: 202-395-3080.
 

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Thanks for all the feedback provided. I contacted OIRA and a lady from their office responded basically telling me that she cannot share the timeline around an open case (she was nice about it though!). I talked to the GSA contact listed on the OIRA page and I was told there would be an update on this case by the end of the fiscal (9/30). And, as expected, the first update on the "open FAR cases report" was within 90 days of OIRA receiving the case (around 9/19). And, the second update was from 9/26 (again on the Open FAR cases report).

Does anyone know what this means and the next steps - "09/25/2018 Proposed FAR rule to FARSEC for preparation of FR notice." 

What does FARSEC - is that a separate government office (!!) or just a short form of FAR Section and "FR Notice"?

Thanks for your help.

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Wondering if and who a “similarly situated entity subcontractor” will subcontract their effort to...

I negotiated sole source construction contracts, conducted set-aside source selections, administered such contracts and observed or provided oversight of the administration of such contracts over a period of over two decades.

I’ve observed many, many machinations by majority owned large and small business firms to set up fronts as primes and some machinations by the small and small disadvantaged business primes seeking award of preference contracts. 

This law and its FAR implementation will likely simply make it easier to play reindeer games for preference programs.

Will there be constraints on or tracking of how a subcontractor organizes and executed its subcontract? 

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15 hours ago, Jamaal Valentine said:

Thank you Jamaal.

Halloween came early in the Xanadu household. I found this image on the FAR timeline. With the change from being "final rule" to "proposed rule"- did the process go back by 40 weeks? See the screenshot below about the FAR secretariat - they take 6.5 weeks! This is after OIRA clearance. Considering this became proposed rul nowe, did the process go back to the first Secretariat reference below and will be asked for public comments again (another 9 week process)? I thought we are past that!! BTW Admins, this image could help others too and might help if it a "sticky" post on the top.

 

IMG_3351.thumb.PNG.e77cc9c75e690dd96d6f7cefd31688f9.PNG

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