Please join Jennifer Schaus & Associates every Wednesday in 2022 for a complimentary webinar series. See the full recording on our YouTube Channel https://www.youtube.com/channel/UCYvCaZcAvSYYEAZCqj2CQ9g and full schedule on our website: https://www.jenniferschaus.com/far-supplements
For more information about our federal contracting services please contact us at hello@jenniferschaus.com
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2. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
About Us
Washington DC Based
Professional Services / Consulting for established US Federal Govt
Contractors
Market Analysis to Proposal Writing & Contract Administration
GSA Schedules & other contract vehicles
A la carte or customized training
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3. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
About Our Newsletters & Webinars
NEWSLETTER reaches 23k+ - mostly federal contractors
Advertising options available
WEBINARS – over 450+ on our YouTube channel and website
Sponsorship options available
hello@JenniferSchaus.com
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4. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
About The FAR SUPPLEMENTS Webinar Series - 2022
Complimentary
Recorded (YouTube & JS Website)
Wednesdays 12pm eastern
Federal Acquisition Regulations covering Department procurement rules
Speakers are SME and Govt Contracts Attorneys
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5. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
Webinar Wednesdays - Schedule At A Glance
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H E L L O @ J E N N I F E R S C H AU S . C O M
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1/12/22 – FAR
1/19/22 – FAR CAS
1/26/22 – DOD
2/2/22 – DPGI
2/9/22 – ARMY
2/16/22 – AIR FORCE
2/23/22 – DISA
3/2/22 – DLA
3/9/22 – USMC
3/16/22 - SPECIAL OPS
3/23/22 -TRANS COMMAND
3/30/22 – AGRICULTURE
4/6/22 – AIDAR
4/13/22 – DOC
4/20/22 – DOE
4/27/22 – DOI
5/4/22 – DOL
5/11/22 – DOS
5/18/22 – DOT (Treasury)
5/25/22 – DOEd
6/1/22 – EPA
6/8/22 – FEHB
6/15/22 – GSA
6/22/22 – HHS
6/29/22 – DHS
7/6/22 – HUD
7/13/22 – BBG
7/20/22 – DOJ
7/27/22 – OPM
8/3/22 – NASA
8/10/22 – NRC
8/17/22 – DOT
(Transportation)
8/24/22 – VA
6. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
FRIDAY PLAYBOOKS - Schedule At A Glance
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1/12/22 – N/A
1/19/22 – N/A
1/28/22 – DOD
2/2/22 – N/A
2/11/22 – ARMY
2/18/22 – AIR FORCE
2/25/22 – DISA
3/4/22 – DLA
3/11/22 – USMC-NAVY
3/18/22 - SPECIAL OPS
3/25/22 -TRANS COMMAND
4/1/22 – AGRICULTURE
4/8/22 – AIDAR
4/15/22 – DOC
4/22/22 – DOE
4/29/22 – DOI
5/6/22 – DOL
5/13/22 – DOS
5/20/22 – DOT (Treasury)
5/27/22 – DOEd
6/3/22 – EPA
6/10/22 – FEHB
6/17/22 – GSA
6/24/22 – HHS
7/1/22 – DHS
7/8/22 – HUD
7/15/22 – BBG
7/22/22 – DOJ
7/29/22 – OPM
8/5/22 – NASA
8/12/22 – NRC
8/19/22 – DOT
(Transportation)
8/26/22 – VA
7. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
Thank You To Our Sponsor:
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H E L L O @ J E N N I F E R S C H AU S . C O M
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8. Full training calendar: virginiaptac.org & useful links
Register for free counseling: https://virginiaptac.org/services/counseling/
Your “one stop” shop for Government Contracting assistance
Reach us at ptac@gmu.edu or 703-277-7750
THIS PROCUREMENT TECHNICAL ASSISTANCE CENTER IS FUNDED IN PART THROUGH A COOPERATIVE AGREEMENT WITH THE DEFENSE LOGISTICS AGENCY.
9. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY
NETWORK OVERVIEW
Date: Wednesday, January 12, 2022
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SPEAKER
INSERT YOUR
LOGO HERE
2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
MEET OUR SPEAKER
Eric Whytsell
Stinson LLP
eric.whytsell@stinson.com
(202) 262-5283
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11. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
FAR POLICY NETWORK OVERVIEW
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2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
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INTRODUCTION
• Many Government bodies participate in the
development of FAR Policy.
• Knowing the players and their roles is key.
• This presentation covers the core
government players and processes.
• The role and approaches of specific Federal
agencies will be discussed in later
installments of this series.
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2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
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HOW DID WE GET HERE?
• Before the FAR, there were two primary procurement regulations:
• Federal Procurement Regulations (FPR) -- for civilian agencies
• Defense Acquisition Regulation (DAR) – for the DoD and its components
• Other agencies and federal bodies had their own “semiautonomous procurement regulations”
• e.g., CIA, NASA, Tennessee Valley Authority, Bonneville Power Administration
• In a 1972 report on the proliferation of procurement regulations, the Commission on Government
Procurement found “a burdensome mass and maze of procurement and procurement-related
regulations” within the federal government, and “no effective overall system for coordinating,
controlling, and standardizing regulations.”
• Ultimately, OFPP Policy Letter 80-5, which effectively established the “Federal Acquisition
Regulation System” and stated that the system would include, among other things, a single Federal
Acquisition Regulation (FAR), to be issued jointly by the GSA, DoD, and NASA.
14. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
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PROMULGATION AND AMENDMENT OF THE FAR, IN GENERAL
• The FAR was initially promulgated and has been subsequently amended using the same rulemaking
procedures used in developing other regulations.
• The “notice and comment” procedures established by the Administrative Procedures Act (APA)
generally require agencies to follow four basic steps:
• the publication of a proposed rule in the Federal Register;
• the opportunity for interested persons to submit comments on the proposed rule;
• publication of a final rule that includes a “concise general statement” of the “basis and purpose”
of the rule; and
• a 30-day waiting period after the final rule is published in the Federal Register before the rule
can take effect.
• Federal Register notices proposing or announcing amendments to the FAR are jointly issued by the
GSA, DoD, and NASA, but they are the result of a coordinated effort.
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2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
CHIEF ACQUISITION OFFICERS COUNCIL
• Established pursuant to Section 16 of the Office of Federal Procurement Policy Act, as amended, 41 USC 403,
et seq.
• Consists of a diverse group of acquisition professionals in the Executive Branch established to provide a
senior level forum for monitoring and improving the federal acquisition system.
• Promotes effective business practices that ensure the timely delivery of best value products and services to
the agencies, achieve public policy objectives, and further integrity, fairness, competition, and openness in the
federal acquisition system.
• Works closely with the GSA Administrator, Office of Federal Procurement Policy (OFPP), and the FAR Council
to promote these business practices in the acquisition system.
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2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
FEDERAL ACQUISITION REGULATORY COUNCIL (FAR COUNCIL)
• Established to assist in the direction and coordination of Government-wide procurement policy and
Government-wide procurement regulatory activities in the Federal Government, in accordance with Title 41,
Chapter 7, Section 421 of the OFPP Act.
• Works to ensure that procurement regulations, promulgated by executive agencies, are consistent with the
FAR and in accordance with any policies issued pursuant to Section 405 of Title 41.
• Manages, coordinates, controls, and monitors the maintenance and issuance of changes in the FAR.
• Membership consists of: the Administrator for Federal Procurement Policy and — (i) the Secretary of Defense,
(ii) the Administrator of National Aeronautics and Space; and (ii) the Administrator of General Services.
• Operates by referring potential changes to the FAR to one or more standing “FAR Teams,” each of which is
responsible for maintaining specific parts of the FAR.
• The work of the FAR Teams is directed and coordinated by the CAAC and the DARC.
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2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
CIVILIAN AGENCY ACQUISITION COUNCIL (CAAC)
• Assists the Administrator of General Services in developing and maintaining the FAR System by developing or
reviewing all proposed changes to the FAR.
• Solicits the views of agencies, associations, and other interested parties on those proposed changes to the
FAR that involve issues of interest to them.
• Coordinates its activities with the Defense Acquisition Regulations Council (DARC), Each Council reviews the
FAR changes proposed by the other Council.
• CAAC Members include representatives of the GSA, SBA, EPA, Social Security Administration, and the
Departments of Agriculture, Commerce, Energy, Health and Human Services, Homeland Security, Interior,
Labor, State, Transportation, Treasury, and Veterans Affairs.
• Makes decisions on FAR issues by majority vote, with each agency on the Council having one vote.
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2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
DEFENSE ACQUISITION REGULATIONS COUNCIL (DARC)
• Responsible for developing fully coordinated recommendations for revisions to the Federal Acquisition
Regulation (FAR), current edition, Defense Federal Acquisition Regulation Supplement (DFARS), current
edition, and the DFARS Procedures, Guidance, and Information (PGI), current edition that are responsive to
overall DoD needs.
• Consists of the DAR Council Director; the Deputy Director, who serves under the direction of the DAR Council
Director; and a policy representative and a legal representative from each military department, the Defense
Logistics Agency (DLA), and the Defense Contract Management Agency (DCMA).
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2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
THE TWO COUNCILS
• Members of these councils shall-
• Represent their agencies on a full-time basis;
• Be selected for their superior qualifications in terms of acquisition experience and demonstrated
professional expertise; and
• Be funded by their respective agencies.
• Each council is responsible for-
• Agreeing on all revisions with the other council;
• Submitting to the FAR Secretariat the information required under FAR 1.501-2(b) and (e) for publication in
the Federal Register of a notice soliciting comments on a proposed revision to the FAR;
• Considering all comments received in response to notice of proposed revisions;
• Arranging for public meetings;
• Preparing any final revision in the appropriate FAR format and language; and
• Submitting any final revision to the FAR Secretariat for publication in the Federal Register.
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2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
RESOLUTION OF DISAGREEMENTS BETWEEN THE CAAC AND THE DARC
• Disagreements between the two Councils (DARC and CAAC) shall be resolved by the Chairpersons with the
assistance of interested members.
• If the Council Chairpersons cannot resolve a disagreement, the Councils will refer the matter to successively
higher levels in GSA, NASA, and DoD until agreement is reached.
• If the Administrator of General Services, the Administrator of NASA, and the Secretary of Defense cannot
resolve a Council disagreement, the disagreement will be referred to the OFPP.
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2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
FAR SECRETARIAT
• The GSA is responsible for establishing and operating the FAR Secretariat to publish and distribute the FAR
through the Code of Federal Regulations system (including a separate online edition with periodic updates).
• The FAR Secretariat provides the two councils with centralized services for-
• Keeping a synopsis of current FAR cases and their status;
• Maintaining official files;
• Assisting parties interested in reviewing the files on completed cases; and
• Performing miscellaneous administrative tasks pertaining to the maintenance of the FAR.
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2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
AGENCY ACQUISITION REGULATIONS AND GUIDANCE
• In general, an agency head may issue or authorize the issuance of:
• Agency acquisition regulations that implement or supplement the FAR and incorporate, together with the
FAR, agency policies, procedures, contract clauses, solicitation provisions, and forms that govern the
contracting process or otherwise control the relationship between the agency, including any of its
suborganizations, and contractors or prospective contractors; and
• Internal agency guidance at any organizational level (e.g., designations and delegations of authority,
assignments of responsibilities, work-flow procedures, and internal reporting requirements).
• Agency acquisition regulations shall be limited to-
• Those necessary to implement FAR policies and procedures within the agency; and
• Additional policies, procedures, solicitation provisions, or contract clauses that supplement the FAR to
satisfy the specific needs of the agency.
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2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
INTERAGENCY SUSPENSION AND DEBARMENT COMMITTEE (ISDC)
• Established pursuant to Section 4 of Executive Order 12549 on Debarment and Suspension to monitor
implementation of the Order, which mandates Executive departments and agencies to:
• Participate in a government-wide system for debarment and suspension from programs and activities
involving Federal financial and nonfinancial assistance and benefits,
• Issue regulations with government-wide criteria and minimum due process procedures when debarring or
suspending participants, and
• Enter debarred and suspended participants’ identifying information on the General Services
Administration list of excluded persons, now known as the System for Award Management (SAM).
Information placed on SAM is the responsibility of the Agency issuing the suspension or debarment
action.
• Facilitates lead agency coordination, serves as a forum to discuss current suspension and debarment related
issues, and assists in developing unified Federal policy.
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24. FAR SUPPLEMENTS - COMPLIMENTARY WEBINAR SERIES – 2022
SPEAKER
INSERT YOUR
LOGO HERE
2022 – FAR DEPARTMENT SUPPLEMENT – FAR POLICY NETWORK OVERVIEW
THANK YOU TO OUR SPEAKER
Eric Whytsell
Stinson LLP
eric.whytsell@stinson.com
(202) 262-5283
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25. THANK YOU FOR ATTENDING!
FAR SUPPLEMENTS
FEDERAL ACQUISITION
REGULATIONS
-------------------
PLEA SE FIN D TH E R EC OR D IN G
ON OU R W EB SITE A N D YOU TU B E C H A N N EL.
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