DoD Contractor Manpower Reporting & Inventory for Contracted Services Ends

On ‎2‎/‎5‎/‎2020 at 10:59 AM, Fran said:

How should DoD organizations respond to the rescinding of the Contractor Manpower Reporting and Inventory for Contracted Services requirements? What happens to the contracts that already have the requirements and eCMRA & ICS language? Thank you!

I guess I missed the news.  The latest list of open DFARS cases I could find (31 Jan 2020) still had Case 2018-D063 listed.  Under status, it reads, "01/31/2020 Case manager forwarded draft proposed rule to DARS Regulatory Control Officer.  DARS Regulatory Control Officer reviewing."

What prompted the original post?

For reference see https://www.acq.osd.mil/dpap/cpic/cp/docs/New_Contractor_Manpower_Memo_16_Oct_2019.pdf which explains the threshold change, reporting criteria and mentions that further implementing guidance,  a DFARS rule and contract clause implementing the change from ECMRA to SAM are all in the works.

Thanks @FAR-flung 1102.

Toward answering @Fran's question, the last paragraph of the memo you linked suggests we should expect more information.  In addition, the following might provide some useful context, at least toward understanding CPI's view:  https://dodprocurementtoolbox.com/cms/sites/default/files/resources/2020-01/Procure-To-Pay Capability Summary 48 - DoD Contractor Manpower Reporting.pdf

On 2/5/2020 at 10:59 AM, Fran said:

How should DoD organizations respond to the rescinding of the Contractor Manpower Reporting and Inventory for Contracted Services requirements? What happens to the contracts that already have the requirements and eCMRA & ICS language? Thank you!

I don’t think the requirement to report manpower was rescinded. Just where it will eventually be reported to, as explained above in FAR-flung 1102’s post. I wonder if any interim implementing guidance has been issued.

joel hoffman said:

I don’t think the requirement to report manpower was rescinded. Just where it will eventually be reported to, as explained above in FAR-flung 1102’s post. I wonder if any interim implementing guidance has been issued.

While the memo unfortunately uses the word "rescinds," it seems to me OSD doesn't think it has actually rescinded.  For any existing contracts that include the requirement to report to eCMRA, I would leave that contractual requirement in place.  While others will likely disagree, if I were releasing a solicitation today for DoD, I would look to the prescriptions at FAR 4.1705 and include the appropriate FAR clauses.  I appreciate technically I am not required to do that, but it isn't forbidden.  I worry the drafters of the DFARS Case are going to end up making its applicability retroactive, and I would rather just avoid the hassle.