Relevant information about this document from Regulations.gov provides additional context. As a result, DFARS Case 2012-D051 was closed and rolled into this new DFARS case to implement 10 U.S.C. (c) The Government will review Contractor reported information for reasonableness and consistency with available contract information. Since publication of the proposed rule under 2012-D051, DoD has adopted the use of FPDS to collect a majority of the required data, in an effort to standardize the reporting process for contractors across the Federal Government. Comment: Several respondents suggested that the ECMRA system is duplicative of other Government systems, such as FPDS, which can also be used to estimate the data provided in the annual inventory of contracts for services. The proposed rule leaves the process for collecting subcontractor data up to the discretion of each contractor. 2. It is expected that contracts for equipment-related services with a total estimated value, including options, exceeding $3 million will be reported in SAM. Amend section 212.301 by adding paragraph (f)(ii)(j) to read as follows: (j) Use the clause at 252.204-70XX, Reporting Requirements for Contracted Services, to comply with 10 U.S.C. We’ve made big changes to make the eCFR easier to use. Therefore, the statute does not apply to contracts or subcontracts in amounts not greater than the SAT or to the acquisition of commercial items unless the Principal Director, Defense Pricing and Contracting, makes a written determination as provided in 41 U.S.C. 2330a, as amended. The Public Inspection page Executive orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). documents in the last year, 999 Register (ACFR) issues a regulation granting it official legal status. Title 5 U.S.C. documents in the last year, by the State Department If none of the reporting requirements apply, select “None of the Above.” At this time, only one contractor reporting requirement is listed: select “Service Contract Inventory” if FAR clause 52.204-14, Service Contract Reporting Requirements, is present in the contract. These tools are designed to help you understand the official document 129a and develop budget justification materials for services in accordance with 10 U.S.C. DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement a section of the United States Code that requires the collection of data on certain DoD service contracts. Comment: One respondent suggested that the final rule clarify that services provided ancillary to a lease or rental contract (such as auto repair and maintenance services incidental to a vehicle lease) are subject to ECMRA reporting requirement. Response: Agencies are responsible for ensuring the contractor submits information in SAM that is reasonable and consistent with available contract information. These contractors would not have been previously subject to the type of manpower reporting required by this Start Printed Page 34573rule. Comment: One respondent recommended that, due to the difficulty in tracking labor for service contracts where contractor employees may spend only small fractions of their time servicing the Government contract (such as refuse collection and software as a service), the rule should be changed to exempt such contracts by using the criteria similar to the Service Contract Labor Standards exemptions (see FAR 22.1003-4(d)(1)). are not part of the published document itself. 237.171 Training for contractor personnel interacting with detainees. for better understanding how a document is structured but documents in the last year, by the Centers for Medicare & Medicaid Services Response: This rule implements 10 U.S.C. The following is a summary of the estimated public and Government costs calculated in perpetuity in 2016 dollars at a 7-percent discount rate: To access the full Regulatory Cost Analysis for this rule, go to the Federal eRulemaking Portal at www.regulations.gov, search for “DFARS Case 2018-D063,” click “Open Docket,” and view “Supporting Documents.”. (c) The Contractor shall report the following information: (1) Contract number and, as applicable, order number. This proposed rule requires contractors to enter information in SAM, which is a Governmentwide system. 2330a. First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. Submitted comments may not be available to be read until the agency has approved them. 2020, use Form 1099-NEC to report nonemployee compensation. FAR52.204-14_Basic Service Contract Reporting Requirements. informational resource until the Administrative Committee of the Federal --. The proposed rule does not require reporting at the contract level for indefinite-delivery contracts. For complete information about, and access to, our official publications 03/11/2021, 828 Agencies may use any contract data available, as appropriate and necessary, to meet this responsibility. 12866, Regulatory Planning and Review, dated September 30, 1993. 52.204-14 Service Contract Reporting Requirements. Open for Comment, National Oceanic and Atmospheric Administration, Economic Sanctions & Foreign Assets Control, Presidential Declaration of a Major Disaster, Establishment of the White House Gender Policy Council, Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity, 10. and services, go to DoD reviewed the public comments received in response to DFARS Case 2012-D051. It is not an official legal edition of the Federal Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (a) Definitions. documents in the last year, by the Federal Aviation Administration This rule does not duplicate, overlap, or conflict with any other Federal rules. 2330a, as amended by section 812 of the NDAA for FY 2017, which requires reporting for only four service acquisition portfolio groups: Logistics management services, equipment related services, knowledge-based services, and electronics and communications services. 2330a(a), as amended by section 812 of the NDAA for FY 2017, specifies that the service acquisition portfolio group for equipment related services is included in the required reporting group. on ○ Mail: Defense Acquisition Regulations System, Attn: Ms. Carrie Moore, OUSD(A&S)DPC/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Until the ACFR grants it official status, the XML DoD does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 12866. As prescribed in 4.1705(a), insert the following clause: Service Contract Reporting Requirements (OCT 2016) (a) Definition. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. As indicated in the Contract Selection Guide, the Model Services Contract is intended for the complex and high-risk requirements where the scope might include business transformation, operational services, outsourcing and technology development services. by the National Oceanic and Atmospheric Administration Add subpart 204.17, consisting of 204.1700, 204.1703, and 204.1705, to read as follows: This subpart prescribes the requirement to report certain contracted services in accordance with 10 U.S.C. • McNamara-O’Hara Service Contract Act created in 1965 • SCA applies to contracts “the principal purpose of which is to provide services in the US through the use of service employees” (41 U.S.C. 235, and ensure services contracts are not for the performance of inherently governmental functions. documents in the last year, by the Environmental Protection Agency DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 2020-11754 Filed 6-4-20; 8:45 am], updated on 4:15 PM on Wednesday, March 10, 2021, 11 documents The purpose of this document is to convey all data management requirements to VA grantees required to participate in HMIS while providing the necessary tools to properly meet these requirements … Contractors with a Schedule 599 contract have additional reporting requirements they can take care of here: e-Gov Travel Service Reporting (Schedule 599 only) GSA FAS 2017 - *** WARNING *** This is a U.S. General Services Administration computer system that is "FOR OFFICIAL USE ONLY". (1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report: (i) Subcontract number (including subcontractor name and unique entity identifier); and. Specifically, section 2330a requires the military departments and defense agencies to ensure that the inventory of contracts for services required by the statute is used to inform strategic workforce planning decisions under 10 U.S.C. Comment: One respondent recommended that the rule exempt DoD intelligence community agency contracts, because the existing exemption for “classified services” is not sufficient to cover the exempt contracts entered into by DoD intelligence community agencies. documents in the last year, 28 Response: The rule will not require duplicative reporting by contractors. Therefore, this rule will apply to the acquisition of commercial items, excluding COTS. This is a busy time of year so hopefully you have already submitted your Service Contract Report (SCR), if required. One respondent stated that the burden is disproportionally high for small businesses that are less likely to have the necessary internal infrastructure. In the event the Government believes that revisions to the Contractor reported information are warranted, the Government will notify the Contractor. Response: Title 10 U.S.C. Consistent with the determinations that DoD made with regard to application of the requirements of section 846 of the NDAA for FY 2011, DoD does not intend to apply the requirements of 10 U.S.C. A Proposed Rule by the Defense Acquisition Regulations System on 06/05/2020. (i) Service contractor reporting of information is required in the System for Award Management (SAM) when a contract or order—, (A) Has a total estimated value, including options, that exceeds $3 million; and. Contracts exchanged 6 April, contract completed 17 … (2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract. In most cases, these electronic notices supplement but do not replace the statutory and regulatory requirements that employers post a hard-copy notice. On January 30, 2014, a final Federal Acquisition Regulation (FAR) rule became effective to implement statutory requirements for service contract supplemental reporting. the official SGML-based PDF version on govinfo.gov, those relying on it for offers a preview of documents scheduled to appear in the next day's We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. This proposed rule implements the statutory threshold. Therefore, services meeting the definition of a commercial item are not exempt from the reporting requirement. Public reporting burden for this collection of information is estimated to average 2 hours per response, including the time for gathering and maintaining the data and completing and reviewing the collection of information. 2330a, as amended, to collect certain service contract data and report annually to Congress. This authority has been delegated to the Principal Director, Defense Pricing and Contracting. Solicitation provisions and contract clauses for the acquisition of commercial items. should verify the contents of the documents against a final, official (2) The number of Contractor direct labor hours, to include subcontractor direct labor hours, as applicable, expended on the services performed under the order or contract during the previous Government fiscal year. Multiple values may be selected. As prescribed in 4.1705(a), the contracting officer shall insert the clause at 52.204-14, Service Contract Reporting Requirements, in solicitations and contracts for services (including construction) that meet or exceed the thresholds at 4.1703, except for indefinite-delivery contracts. Response: Title 10 U.S.C. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs. (b) Agency reporting responsibilities. Section 846 of the NDAA for FY 2011 and section 812 of the NDAA for FY 2017 are silent on applicability to contracts and subcontracts in amounts no greater than the SAT or for the acquisition of commercial items. 1503 & 1507. reporting period deadline shall be considered late, and may not be incorporated within CMS data analyses and reporting. Reporting Requirements document and these Technical Specifications, Organizations 2375 exempts contracts and subcontracts for the acquisition of commercial items, including COTS items, from provisions of law enacted after October 13, 1994, that, as determined by the Under Secretary of Defense for Acquisition and Sustainment (USD (A&S)), set forth policies, procedures, requirements, or restrictions for the acquisition of property or services unless—. (1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report: IMPORTANT REMINDER FOR GSA SCHEDULE HOLDERS PROVIDING SERVICES!. Response: In accordance with paragraph (b) of 10 U.S.C. Mental Health & Substance Use Disorder Reporting Requirements. However, an initial regulatory flexibility analysis has been performed and is summarized as follows: The Department of Defense is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to establish a data collection system that provides management information on each purchase of services by a military department or defense agency in excess of $3 million for the following service acquisition portfolio groups: Logistics management services; equipment related services; knowledge-based services; and, electronics and communications services. The proposed rule clarifies that the requirement applies to contracts or orders that have a total estimated value, including options, exceeding $3 million and are for services in one of the four service acquisition portfolio groups. Answer: Log in to . Alternate I. (3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year. When applicable, contractors will be required to annually report: (1) The total dollar amount invoiced for, and (2) the total number of direct labor hours expended on services performed under the contract or task order during the preceding fiscal year. FAR Service Contracts Reporting (SCR) Requirements due October 30. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). The Public Inspection page may also 2375. For small businesses, the need to build compliant procedures and automated systems could be a barrier to participating in the federal market. Response: The proposed rule does not contain a requirement to flow down a clause. Include DFARS Case 2018-D063 in the subject line of the message. rendition of the daily Federal Register on FederalRegister.gov does not "This system is subject to monitoring. Response: The rule complies with the Paperwork Reduction Act. 2021-05/3-10-2021- Download Entire FAR - HTML PDF. This proposed rule only applies the requirement to report in SAM, via the DFARS clause, to those contracts and orders that meet the thresholds and criteria for service contract reporting, as expressed in 10 U.S.C. Under a similar but different statute, Federal agencies, other than DoD, are required by Federal Acquisition Regulation (FAR) subpart 4.17 to report annually on activities performed by service contractors. Accordingly, DoD has submitted a request for approval of a new information collection requirement concerning DFARS Case 2018-D063, Data Collection and Inventory for Services Contracts, to the Office of Management and Budget. One respondent indicated that the total estimated number of respondents of 13,269, including 7,962 for small businesses, seems low, since the GSA Schedules alone have 20,000 contractors and 80% of the contractors are small businesses. 2330a(a), as amended by section 812 of the NDAA for FY 2017, however, only requires the collection of data on service contracts, under certain portfolio groups, that exceed $3 million, which effectively precludes application Start Printed Page 34574to acquisitions under the SAT. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts. As prescribed in 4.1705(b), insert the following clause:. Similar reporting requirements for civilian agencies have appeared in FAR subpart 4.17 since 2014, so many contractors already have experience with this type of reporting requirement. Ms. Carrie Moore, telephone 571-372-6093. edition of the Federal Register. 610 (DFARS Case 2018-D063), in correspondence. An Official Website Of The United States Government, Civilian Agency Acquisition Council (CAAC), Interagency Suspension and Debarment Committee (ISDC). 1. 2020-09003 Dates: This final rule is effective April 27, 2020. Effective January 1, 2020. Learn more here. on NARA's archives.gov. Partcplanreporting@cms.hhs.gov. Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (a) Definitions. Fiscal Year (Fy) 2020 Service Contract Reporting Requirements FY2020_SERVICE_CONTRACT_REPORTING_REQUIREMENTS NAICS Code -- Classification Code -- Set-Aside Type Full & Open Place of Performance — Origination Date 10/05/2020 Contracting Office Department of Health and Human Services Response: The proposed DFARS clauses convey the requirement for contractor reporting to SAM; therefore, a DD Form 1423 is not necessary. See part C in the 2020 General Instructions for Certain Information Returns, and Form 8809, for extensions of time to file. Document page views are updated periodically throughout the day and are cumulative counts for this document. Consistent with 10 U.S.C. Redesigned Form 1099-MISC. 2330a. The SCR requirements under FAR clauses 52.204-14 and 52.204-15 were added during the latest GSA solicitation refreshes and you are now required to complete the SCR through the System for Award Management (SAM) registration. on 20-05 RIN: 3072-AC81 SectionNoes: 530.13 Topics: Freight, Maritime carriers, Reporting and recordkeeping requirements PDF File: 2020-09003.pdf CFR: 46 CFR 530.13 There are no known significant alternative approaches to the proposed rule that would meet the requirements of the applicable statute. Comment: One respondent suggested that more resources be provided to the Office of the Under Secretary of Defense for Personnel and Readiness workforce that administers and coordinates the inventory of contracts for services. on 129a, develop budget justification materials for services in accordance with 10 U.S.C. 601, et seq., because the rule only requires annual reporting of two data items for a limited number and type of service contracts. Medicare Part C Reporting Requirements . Two respondents noted that there will be two rules, one for DOD and the other non-DOD, which could potentially apply under a single contract vehicle and that determining which set of rules apply will be burdensome. Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. 2330a, as amended. ○ Email: osd.dfars@mail.mil. Comment: One respondent noted that many terms, including “direct labor hours” and “cost data,” are not defined in the proposed rule.
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