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Office of Personnel Management (OPM) Proposed Rule: Prevailing Rate Systems, Change in Criteria for Defining Appropriated Fund Federal Wage System (FWS) Wage Areas
On October 11, OPM published a proposed rule and request for comments regarding a change to the regulatory criteria to define FWS wage area boundaries and change wage areas. The changes are intended to align the FWS wage area criteria with the General Schedule locality pay area criteria. The rule is available here. Comments close December 10, 2024.
Congress Eyes Tax Code for Workplace Family-Friendly Benefits, Bloomberg Law
Expanding tax credits for employers that provide family-friendly benefits has emerged as a rare point of compromise on Capitol Hill to advance policy that has long divided Democrats and Republicans. Bipartisan bills emerge on paid leave and childcare. Lawmakers eye tax-heavy 2025 for progress on benefits. Read more here (subscription required).
Upcoming Labor & Employment Presentations
PM TRAINING: ABCs of the SCA: Critical Path Service Contract Act Training for Government Contractors, October 22, 23, and 24, 2024, Nichole D. Atallah, Sarah L. Nash
TRAINING: Labor Rules & Regulations: Federal Market Compliance, October 23, 2024, Nichole D. Atallah
Department of Defense (DOD):
- Final Rule: Defense Federal Acquisition Regulation Supplement (DFARS), Pilot Program to Incentivize Contracting with Employee-Owned Businesses: On October 10, DOD published a final rule amending the DFARS to establish noncompetitive awards for follow-on contracts to employee-owned businesses. The rule is available hereand will be effective November 25, 2024. Technical amendments are available here.
- Final Rule: Defense Federal Acquisition Regulation Supplement (DFARS), Procurement Technical Assistance Program: On October 10, DOD published a final rule amending the DFARS to amend definitions of “nonprofit organization” and “business entities” in the Procurement Technical Assistance Program. The rule is available hereand is effective as of October 10, 2024. Technical amendments are available here.
- Proposed Rule: Defense Federal Acquisition Regulation Supplement (DFARS), 8(a) Program: On October 10, DOD published a proposed rule and request for comments amending the DFARS to revise joint venture eligibility requirements and nonmanufacturer rule applicability to 8(a) contracts awarded pursuant to the 8(a) Partnership Agreement between DOD and the Small Business Administration. These changes align the DFARS with the Federal Acquisition Regulation (FAR). The rule is available here. Comments close December 9, 2024.
- Proposed Rule: Defense Federal Acquisition Regulation Supplement (DFARS), Cost and Software Data Reporting for Major Weapons Systems: On October 10, DOD published a proposed rule and request for comments amending the DFARS to improve process effectiveness and implement the Adaptive Acquisition Framework by requiring, unless waived, submission of cost data for contracts expected to exceed $20 million or $50 million for acquisition and sustainment programs expected to exceed $100 million. The rule is available here. Comments close December 9, 2024.
GSA’s Login to offer face recognition to customer agencies, NextGov/FCW
After months of testing, the federal government’s identity proofing and single sign-on service, Login.gov, is opening up its face recognition capabilities across the government to agencies that want to use them. Agencies using the government-created service will have the option to incorporate new face-matching capabilities or stick with existing offerings. Read more here.
OSC launches $1 billion loan program to strengthen industrial base, Federal News Network
The Pentagon will provide nearly $1 billion in loans to U.S.-based companies in an effort to boost production of critical technologies. The direct loans, ranging from $10 million to $150 million, will support the development of facilities producing technologies across 31 technology areas. Read more here.
Upcoming Government Contract Presentations
TRAINING: Legal Considerations: How Best to Structure Your Company as a Federal Contractor, October 22, 2024, Isaias “Cy” Alba, IV
CONFERENCE: What’s New in GovCon? Important Legal Updates for Government Contractors, October 30, 2024, Isaias “Cy” Alba, IV
Department of Defense (DOD) Final Rule: Cybersecurity Maturity Model Certification (CMMC) Program
On October 15, DOD published a final rule to establish the CMMC Program to verify that contractors have implemented security measures to safeguard Federal Contract Information and Controlled Unclassified Information. These requirements will remain across the life of the contract through the period of performance. The rule is available here and will be effective December 16, 2024.
Burst of New Audit Rules Poised to Curb Inspection Flaws, Fraud, Bloomberg Law
US auditors are dealing with a flurry of rule changes over the next two years that impose a higher bar for vetting the books of some of the largest companies in the world. Read more here (subscription required).