Does the new requirement apply to contracts in place before the effective date of the final rule, or does it just apply to contracts entered into after the effective date of the final rule?
The regulation applies to contracts resulting from solicitations issued after the effective date of the final rule, which is June 21, 2010. The Federal Acquisition Regulation Council is working on an amendment to the Federal Acquisition Regulations, and we expect that interim final rule to issue shortly. For example, if a solicitation was issued by an agency on June 1, 2010, the resulting contract (even if executed after June 21, 2010) would be subject to the Order’s requirements. On the other hand, if the solicitation is issued on or after June 21, 2010, any resulting contract is subject to the Order and may be reviewed.