This rule implements section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), enacted July 29, 2010.

This final rule adopts the interim rule with changes and amends the FAR to implement a section of the Supplemental Appropriations Act, 2010, which requires that the information in the Federal Awardee Performance and Integrity Information System (FAPIIS), excluding past performance reviews, shall be made publicly available. FAPIIS is intended to be a one-stop shop for contracting officers to review information about contractors' business ethics, integrity, and performance.

This final rule adopts a proposed rule (75 FR 59195) with changes. The major change to the FAR involves the requirement for executing a Determination and Finding (D&F) for using Time-and-Material or Labor-Hour Contract Types for Commercial Services under FAR Part 8, Federal Supply Schedules (FSS).

The intent of this rule is to instill discipline in the determination of the appropriate contract type with a view toward managing the risk to the Government.

This final rule amends FAR to clarify that when applicable, the documentation or justification and posting requirements for brand-name items only apply to the portion of the acquisition that requires the brand-name item. The FAR is also amended to require screening of the brand-name justifications for contractor proprietary data.

This final rule amends the FAR to update clauses pertaining to three procurement systems included in the Integrated Acquisition Environment (IAE): Central Contractor Registration (CCR), Excluded Parties List System (EPLS), and the Online Representations and Certifications Application (ORCA).

IAE is an electronic-Government initiative. The IAE is aggregating disparate Federal acquisition content, which is currently housed in numerous online systems, by providing one Web site for regulations, systems, resources, opportunities, and training. The transition of the IAE to the new System for Award Management (SAM) architecture is in progress.

These FAR changes are applicable to all interagency acquisition issued under the Economy Act.

Changes were made to the proposed rule as a result of the public comments and the publication of FAR Case 2007-012 in the Federal Register at 76 FR 14548 on March 16, 2011. Specifically, all text in the proposed rule under FAR 8.405-2(e) has been relocated to FAR 8.404(h). FAR Case 2007-012 strengthened competition requirements for orders placed under the Federal Supply Schedules (FSS). As a result, FAR 8.405-2(e) (2) (ii) has been deleted and references to FAR part 12 at FAR subpart 8.4 have been removed.

Additional changes were made during deliberation of the final rule to require these same safeguards on the use of time-and-materials (T&M) and labor-hour (LH) orders for Blanket Purchase Agreements (BPA) awarded under the FSS Program.

This is an interim rule with a public comment period until January 3, 2012. All comments received will be posted without change to http://www.regulations.gov

This rule has been adopted as final with changes from the interim rule (Federal register, September 19, 2010) – Please refer to DSI's FAC 46 Impact Statement for any additional details.

This rule amends the FAR to implement sections 102 and 106 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. Section 102 requires certification that each offeror, and any person owned or controlled by the offeror, does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996 (the Iran Sanctions Act). Section 106 imposes a procurement prohibition relating to contracts with persons that export certain sensitive technology to Iran. There is further implementation of section 106 in FAR Case 2010–018, Representation Regarding Export of Sensitive Technology to Iran.

This final rule is adopted without changes – Please refer to DSI‘s FAC 47 Impact Statement for any additional details.

Small disadvantaged businesses (SDBs) to self-represent their SDB status to prime contractors in good faith when seeking Federal subcontracting opportunities.

Previously under the FAR, Federal prime contractors were required to confirm that subcontractors representing themselves as small disadvantaged businesses were certified by the SBA as SDB firms.

This final rule is adopted without changes – Please refer to DSI‘s FAC 46 Impact Statement for any additional details.

This rule implements Executive Order (E.O.) 13496 ―Notification of Employee Rights Under Federal Labor Laws, as implemented by the Department of Labor (DOL).

A proposed rule was published in the Federal Register on November 13, 2009, which would require each contractor that has employees performing acquisition functions closely associated with inherently governmental functions to identify and prevent personal conflicts of interest (PCIs) for such employees through the use of screening procedures and disciplinary actions for non-compliance.

This rule attempts to hold contractors accountable to the same laws and regulations that are in place to prevent conflicts of interest among federal employees.