RegTracker How-To Guide

7/18/2019

The “RegTracker” reports the status of active rulemaking cases relevant to the defense industrial base. The NDIA Policy Team, which maintains the RegTracker, uses this information to keep NDIA members informed and engaged about regulatory actions defense contracting businesses of all sectors and sizes. Tracking developments in rulemakings also helps to ensure that NDIA is able to communicate to regulators the perspectives and recommendations of industry on any proposed regulatory change. This opportunity is not only an important feature of NDIA membership but also essential to ensuring that the negative impacts of regulatory actions on the defense industry are minimized.

The RegTracker report presents information on rulemaking cases according to the following fields:

  • Case Number
    • The numerical identifier assigned by regulatory staff in the originating agency. It includesthe year the case was opened, and its place in the sequence of cases opened that year.
  • Part Number
    • Citation of the subpart of the FAR or DFARS that would be affected by the open case
  • FAR Type
    • Indicator of whether the open case would modify the FAR, the DFARS, or another federal agency’s acquisition regulation.
  • The Regulation Title
    • The title assigned by regulatory staff to the open case
  • A synopsis
    • A short description of what the policy actions the open case proposes
  • The Current Status of the Regulation
    • A short description of the case’s progress through the regulatory process
  • Whether the Status of the Regulation has been updated within the last week
  • Pending Public Comment Submission Deadline
  • NDIA generated commentary and analysis on the proposed regulation
  •  The primary NDIA Division affected by the proposed regulation
    •  The divisions include:

      Division

      Denotation in RegTracker

      Armaments

      Armaments

      Bomb & Warhead

      Bomb

      Cyber-Augmented Operations

      CAO

      Chemical, Biological, Radiological and Nuclear Defense

      CBRN

      Combat Survivability

      Combat

      Cybersecurity

      Cybersecurity

      Electronics

      Electronics

      Expeditionary Warfare

      Expeditionary

      Health Affairs

      Health Affairs

      Human Systems

      Human

      International

      International

      Integrated Program Management

      IPM

      Logistics Management

      Logistics

      Manufacturing

      Manufacturing

      Missile Defense

      Missile

      Munitions Technology

      MT

      Procurement

      Procurement

      Robotics

      Robotics

      Security and Counterintelligence

      Security

      Science and Engineering Technology

      SET

      Strike Land Attack and Air Defense

      SLAAD

      Small Business

      SmBiz

      Special Operations/Low Intensity Conflict

      SOLIC

      Space

      Space

      Systems Engineering

      Systems

      Tactical Wheeled Vehicles

      Tactical

      Technical Information

      Technical Information

      Test and Evaluation

      Test

      Undersea Warfare

      Undersea

  • The secondary division, if any, affected by the proposed regulation
  • Stage of the rule-making process the open case currently inhabits
    • There are 4 stages of the rulemaking process:
      • 1st stage - the earliest part of the rule-making process. This includes activities pertaining to the preparation of the proposed rule, distribution of advanced notices and information requests, and review of the proposed rule by the Office of Management and Budget.
      • 2nd stage - the proposed regulation is open for public comment
      • 3rd stage - any comments received about the proposed are being processed, and a final rule is being written and reviewed.
      • 4th stage - a final rule has been approved and is being published
  • Affected Subcommittee of the Procurement Division, if any
    • Procurement Subcommittees include
      • Contract Acquisition and Management;
      • Contract Finance;
      • Government Property Management Systems;
      • Legal;
  • The year of the applicable NDAA legislation, if any, authorizing the proposed regulation
  • The section of the applicable NDAA legislation, if any, authorizing the proposed regulation
  • The applicable executive order, if any, authorizing the proposed regulation
  • The link to the Federal Register notice, or OIRA regulation case reference page, if available

The RegTracker allows users to filter rulemaking cases by these categories making searching for specific and relevant cases easier. Users may also download a copy of the RegTracker database for more intensive analysis and manipulation.  

What are the current trends being shown by the RegTracker as of July 2019?

There appears to be a large push to decrease the backlog of cases. Many of the current open cases are modifications and repeals of clauses within the FAR and DFARS which would clarify the rules to reflect current practice. Many of the end dates for the drafting of proposed rules, or reports are due in the month of July, which should yield a decrease in the number of open cases. There are currently 50 FAR Cases and 66 DFARS Cases open. The 3 divisions with the most amount of open cases are:

  • Procurement, with 72 open cases;
  • Small Business, with 15 open cases;
  • and International, with 10 open cases.

With a large number of open cases currently falling under the procurement division, it appears the FAR Council continues to churn through a large defense acquisition reform case load. Specifically, many of the cases focusing on procurement look to address the efficiency of the procurement/acquisition process, through modernization of contracting requirements and management practices. This is not surprising given the heavy acquisition reform focus in recent NDAAs.

To view the RegTracker click here. And for any further questions contact Regulatory@NDIA.org.

Topics: Contracting, Defense Contracting, Government Policy

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