DoD rule-makers have been busy with proposed rules for DFARS. Those of you with a NAICS code that begins with 5416--management, scientific, and technical consulting services NAICS--will want to pay attention to this first rule in particular... Preventing Conflicts of Interest for Certain Consulting Services (DFARS Case 2024-D007) - Proposes amending DFARS to-- ▶ implement Section 812 of the FY24 NDAA which prohibits DoD from awarding contracts assigned a North American Industry Classification System (NAICS) code beginning with 5416 to offerors who hold contracts that involve consulting services with certain covered foreign entities. ▶ add a new solicitation provision in which an offeror certifies whether the offeror, its subsidiaries, or affiliates hold a contract for consulting services with one or more covered foreign entities and whether the offeror maintains a conflict-of-interest mitigation plan that meets certain requirements. ▶ requires that if the offeror, its subsidiaries, or affiliates hold such a contract and the offeror is selected for award, the offeror may submit its existing conflict-of-interest mitigation plan, which will be incorporated into a contract resulting from the solicitation. The provision is prescribed for use in solicitations assigned a NAICS code beginning with 5416 that involve consulting services. (https://lnkd.in/gCdMD7D4) DoD Cost or Pricing Data Reporting Requirements (DFARS Case 2022-D004) - Would amend DFARS to-- ▶ require offerors to submit data other than certified cost or pricing data upon contracting officer request. ▶ establish a $2 million threshold for the Truthful Cost or Pricing Data statute requirements with respect to contract modifications, subcontracts, and modifications to subcontracts. ▶ require that contract modifications to reflect the revised threshold be executed “as soon as practicable.” The proposed rule implements these changes via several proposed new clauses. (https://lnkd.in/gfNcW2rR) Public Access to Results of Federally Funded Research (DFARS Case 2020-D028) - Proposes two new clauses that require contractors with contracts that include fundamental research to develop and maintain a data management plan and to submit final peer-reviewed manuscripts to the Defense Technical Information Center’s publicly accessible repository. (https://lnkd.in/g7bDcij6) Comments for all proposed rules are due on 11/25/2024. Instructions to comment are found at each permalink.
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What is the CMMC Certification Process? Official CMMC Certification recognized by the DoD is achieved through a partnership with a C3PAO. A C3PAO is an independent service provider authorized by the Cyber-AB to assess DIB organizations’ conformance with CMMC’s requirements. Once an assessment is conducted, the C3PAO forwards its findings to the DoD and issues the certification. Seven Steps to Certification 1. You begin the assessment process by selecting a C3PAO, such as Coalfire Federal, to conduct their assessment. 2. The C3PAO assigns a Certified Assessor who works with you, and other key points of contact, to review the scope of the assessment, complete a contract, and schedule the assessment. 3. The assessment begins with initial planning and a Conformity Assessment Readiness Review (CARR) to verify your organization’s readiness. 4. A kick-off session starts the formal Conformity Assessment, followed by one or more days during which the assessment team conducts interviews and reviews documentation and evidence. The number of days depends on the desired certification level. 5. The assessment team evaluates each practice, following guidelines and criteria established by the DoD, and grades those practices either pass or fail. 6. The assessment team then summarizes its findings and prepares a Conformity Assessment report that is reviewed directly with you. 7. If your organization passes, the C3PAO issues your certification. The C3PAO then uploads your results, pass or fail, to DoD. Contact https://lnkd.in/gSHHxPZp with questions and get started. NOTE: Gailey Solutions provides Readiness Services. We are not a C3PAO.
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Maximize the impact of your certification audits... Request an offer today! https://lnkd.in/dvC9cR6q
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Free download | *What to expect at the ISO certification audit: What the auditor can and cannot do* Helpful white paper that explains how to prepare for the certification and what the auditors will be looking for: https://lnkd.in/dKF8e5XT #ISO27001 #certification
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Free download | *What to expect at the ISO certification audit: What the auditor can and cannot do* Helpful white paper that explains how to prepare for the certification and what the auditors will be looking for: https://lnkd.in/dKF8e5XT #ISO27001 #certification
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Reminder: the public comment period for proposed updates to ISO/IEC 5230 and ISO/IEC 18974 is open. Short version: there are six months to share your perspective. The Steering Committee will vote change/no change in March 2025. Check out details here: https://hubs.ly/Q02FbL1n0
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Reminder: the public comment period for proposed updates to ISO/IEC 5230 and ISO/IEC 18974 is open. Short version: there are six months to share your perspective. The Steering Committee will vote change/no change in March 2025. Check out details here: https://hubs.ly/Q02FbHGb0
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Another proposed rule you all need to be aware of that has been published today (1/15/2025) is FAR Case 2023-006, Preventing Organizational Conflicts of Interest (OCI) in Federal Acquisition. You'll see a lot of legal folks breaking this rule down way better than I can so I'll be reposting those breakdowns. But for now, what you need to know is: ▶️ OCI info is moving from FAR Subpart 9.5 to a new subpart FAR Part 3.12. The title of FAR Part 3 will also change slightly as a result. ▶️ The definition of OCI in FAR part 2 would be revised to address “unequal access to information, impaired objectivity, and biased ground rules”. ▶️ A definition of “entity” would be added in the context of OCIs clarify that “entity” can mean an individual, a corporation or other organization. ▶️ A new definition for "impaired objectivity" would be added to address an OCI where "...an entity or its affiliate has or may have financial or other interests or an incentive to provide other than impartial advice to the Government, or the entity or its affiliate's objectivity in performing the contract work is or might be otherwise impaired." ▶️ A definition for “biased ground rules” would be added for when "...an entity or its affiliate, as part of its performance of a Government contract, has or may have materially influenced the development of the requirement, evaluation criteria, or other source selection procedures for another Government contract." This is whether the influence or impact is intentional or not. ▶️ A definition for “unequal access to information” would be added to describe situations when "...an entity or its affiliate has or may have an unfair competitive advantage because they have access to Government-provided information that all potential offerors do not have. That information may assist the entity in obtaining the contract." ▶️ A definition of “firewall” would be added to reflect mitigation efforts for addressing OCIs. The proposed rule gets to the fact that a contractor who has previously performed the work and has certain advantages from that performance (which the rule calls "natural advantage”) does not mean that the contractor has an OCI or that the advantage is unfair. The rule talks to the need of COs/KOs to determine a true presence of an OCI based upon unequal access to information before disqualifying an offeror as a way to alleviate unfair competitive advantage. Guidance is provided in the rule to that end and illustrative examples are found in the proposed section in FAR 3.1204 of the proposed rule. The proposed rule provides methods of avoiding OCIs and techniques to reduce or mitigate OCI risks at proposed sections FAR 3.1205-1 and -3, respectively. Waivers of OCI are also covered in proposed section FAR 3.1206. See comments for info on new provisions and clauses. Comments are due by 3/17/2025. Permalink:
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Reminder: the public comment period for proposed updates to ISO/IEC 5230 and ISO/IEC 18974 is open. Short version: there are six months to share your perspective. The Steering Committee will vote change/no change in March 2025. Check out details here: https://hubs.ly/Q02FbHTd0
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Reminder: the public comment period for proposed updates to ISO/IEC 5230 and ISO/IEC 18974 is open. Short version: there are six months to share your perspective. The Steering Committee will vote change/no change in March 2025. Check out details here: https://hubs.la/Q02FbHSs0
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The DoD proposes changes to 6 DFARS business systems clauses. Cherry Bekaert breaks down their potential impact on contractor compliance. Learn more: https://okt.to/r91bTV #DoD #DFARS #BusinessSystems #Contractors #Compliance
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