New rules for stimulus contracting

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council published six proposed interim rules in the Federal Register today to implement contracting provisions of the $787 billion economic stimulus law.

The rules include requirements for federal contracting officers to follow additional guidelines in publicizing contracts and for contractors to file quarterly reports on the work they perform.

The rules would also implement the Buy American provisions of the American Recovery and Reinvestment Act (ARRA) and strengthen whistle-blower protections. Public comments on the rules are due by June 1.

The interim rules would:

• Provide guidance for contracting officers in posting presolicitation notices, announcing contract awards, entering awards into the Federal Procurement Data System, and handling nonfixed-price and noncompetitive contracts.
• Implement Section 1512 of ARRA by requiring contractors to report quarterly on the use of the money they receive under the law.
• Implement provisions to protect state and local government and contractor whistle-blowers.
• Allow Government Accountability Office officials to interview current contractor employees during audits of contractors’ records.
• Implement the Buy American provisions for construction materials.
• Implement ARRA provisions for inspectors general to review spending and for other transparency activities.