Electronic Transmittal
(ET) No. 05-09
Reclamation Acquisition Regulation (RAR) Revision Project
May 27, 2005
D-7800
ACM-1.10
To:
Bureau of Reclamation Chief Contracting Officers
Attention: D-7810 (Eckelberg), PN-3700 (Ford), MP-3800 (Ventuleth),
LC-3100 (Guilbert), UC-800 (Ward), GP-3800 (Worley)
From:
Karla Smiley, Manager
Acquisition and Assistance Management Services
Subject: Electronic Transmittal (ET) No. 05-09 - Reclamation Acquisition Regulation (RAR) Revision Project
1. Purpose: To transmit revisions to the RAR.
2. Effective Date: Upon date of issue.
3. Expiration Date: In effect until revised.
4. Background: This memorandum (and its supplements) is established to issue final acquisition regulation revisions during fiscal year 2005. Supplements will be issued to implement corrections and updates to the RAR. The attached RAR changes are described in paragraph 5 below.
A draft revision was issued for comment on February 8, 2005. The following two comments were received:
A) Question: Within the provision at WBR 1452.215-80 is referenced the provision at FAR 52.215-1, Instruction to Officers - Competitive Acquisitions (FEB 2000). FAC 2001-18 revised the dated of 52.215-1 to (JAN 2004). So, it appears WBR 1452.215-80 needs to reflect the change.
Response: We concur with recommended change. Change will be implemented.
B) Question: In reference to WBR 1437.8102(c), "Procedures." A contractor should not be investigating their own people. Our security agency should be responsible.
Response: We will review for possible future revision.
5. Explanation of changes:
A) WBR 1401.602-3(c)(iii) is revised to reflect current policy in DIAPR 2001-3.
B) WBR 1401.7001-3(b)(2)(i) reflects an editorial change.
C) WBR 1403.101-3 is revised to reflect the December 1998 revision of the DI 1958.
D) WBR 1406.501 is revised to designate the Bureau Procurement Chief as the Competition Advocate.
E) WBR 1404.804-5 is revised to reflect that all contracts are now required to be entered into the FPDS-NG system.
F) WBR 1409.405 is revised to reflect the new online Excluded Parties List system that replaces the "List of Parties Excluded from Federal Procurement and Nonprocurement Programs."
G) WBR 1413.301 is revised to conform with other parts of Subpart WBR 1413.3 related to handbooks.
H) WBR 1425.402 is revised to:
1. Substitute World Trade Organization Government Procurement Agreement in lieu of Trade Agreement Act.
2. Add Australia and Morocco as designated countries to the Free Trade Agreements list.
I) WBR 1437.8100 - Changes herein primarily reflect DM authorities for background investigations on contractors; provide exceptions from background investigations; and eliminate "low" risk contracts from requiring contractors to perform background investigations on its employees.
J) WBR 1437.8101 - DM citation and language clarifications.
K) WBR 1437.8102(c) -
1. Sentence added to designate the appropriate individual for obtaining the risk/sensitivity level of contract work.
2. OPM has orally instructed agencies to apply 5CFR732.202 National Security regulations to public trust positions regarding exceptions to investigative requirements.
3. Site specific security procedures are applicable even if a contractor is excepted from a background investigation requirement.
4. Regulatory exceptions to background investigation requirements for Federal employees in 5CFR732.202 that are utilized as guidance for Public Trust positions and contractors.
L) WBR 1437.8103 - Clarification specific to IT contracts.
M) WBR 1452.215-80 is revised to reflect a Lockheed Martin Corp. Comptroller General Decision, B-293679 and the date of FAR 52.215-1 is revised from (FEB 2000) to (JAN 2004).
N) WBR 1452.215-85 is revised to reflect a Lockheed Martin Corp. Comptroller General Decision, B-293679. The clause date is changed to (May 2005).
O) WBR 1452.215-86 is revised to reflect a Lockheed Martin Corp. Comptroller General Decision, B-293679. The clause date is changed to (May 2005).
P) WBR 1452.215-87 is revised to reflect a Lockheed Martin Corp. Comptroller General Decision, B-293679. The clause date is changed to (May 2005).
Q) WBR 1452.215-88 is revised to reflect a Lockheed Martin Corp. Comptroller General Decision, B-293679. The clause date is changed to (May 2005).
R) WBR 1452.223-81 is revised to reflect a change in web address.
S) WBR 1452.225-82 is revised to include reference to the addition of Australia and Morocco to the Free Trade Agreement countries.
T) WBR 1452.237-80(a)(5)
1. This was added to clarify that background investigations by contractors are applicable only to moderate and high risk contracts, not to low risk contracts.
2. Clarification of reinvestigation requirements
U) WBR 1452.246-81 is revised to correct typographical errors.
6. Action Required: Regional acquisition offices should
distribute this memorandum
to all acquisition personnel.
A) Pen and ink changes: none.
B) Filing instructions. Replacement pages are contained in Attachment 1.
The RAR is now current through FAC 2001-27. We would like to remind you that the entire RAR, including these revisions, is available on our Internet homepage: http://www.usbr.gov/pmts/acquisitions/. Parts WBR 1401 through 1453 (up to WBR 1453.303 DI 1958) are available in HTML format. The forms in Subpart WBR 1453.3 are available in PDF format. Please advise if you would like us to e-mail your office the entire RAR in its new Word format.
7. Point of Contact: Robert McMillen, D-7800, 303-445-2446.
Attachments - 10