GOVERNMENT CONTRACTS
DoD Issues Interim Rule to Amend DFARS: Use of Military Construction Funds (DFARS Case 2015-D006)
The Department of Defense (DoD) issued an interim rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act of 2015, that require offerors bidding on DoD military construction contracts to provide opportunity for competition to American steel producers, fabricators, and manufacturers; and restrict use of military construction funds in certain foreign countries, including countries that border the Arabian Gulf, 80 Fed. Reg. 15909. The interim rule became effective March 26, 2015. Comments are due May 26, 2015.
DoD Issues Final Rule To Amend DFARS: Deletion of Text Implementing 10 U.S.C. 2323 (DFARS Case 2011-D038)
The Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to remove language based on a statute that provided the underlying authority for DoD’s Small Disadvantaged Business (SDB) program, 80 Fed. Reg. 15912. This action is necessary because the statute has expired. The final rule is effective March 26, 2015.
House Armed Services Committee Issues Acquisition Reform Bill
House Armed Services Committee Chairman Thornberry and Ranking Member Smith jointly introduced the Acquisition Reform Bill, a bill aimed at reforming the Department of Defense (DoD)’s acquisition system, on March 24, 2015. The legislation is intended as a discussion draft. Additionally, Chairman Thornberry released a draft report to accompany the bill on March 25, 2015, with the intent that the report can be seamlessly incorporated into the report accompanying the FY 2016 National Defense Authorization Act.
Small Business Contracting at Regional Contracting Office-National Capital Region Needs Improvement
The Department of Defense (DoD) Office of Inspector General (OIG) issued an audit report entitled, Small Business Contracting at Regional Contracting Office-National Capital Region Needs Improvement. The objective of the audit was to determine whether the Marine Corps Regional Contracting Office-National Capital Region (RCONCR) in Quantico, Virginia, provided small businesses adequate opportunities to be awarded prime contracts, as well as to determine whether RCO-NCR officials held prime contractors accountable for meeting small business subcontracting goals. The DoD OIG reviewed 45 contracts, valued at $344.5 million, and 1 indefinite-delivery, indefinite-quantity contract, valued at $123,706. The DoD OIG found RCO-NCR contracting officials generally provided small businesses an adequate opportunity to compete for prime contracts. However, it was determined that the contracting officials delayed competition by awarding seven bridge contracts, valued at $91.1 million, awarded to large business incumbents to provide continuation of services until competitive contracts could be awarded. It was also found that the contracting officials did not ensure that prime contractors provided small businesses adequate subcontracting opportunities. Specifically, seven prime contracts (valued at $871 million) that were reviewed should have required subcontracting plans awarded by RCO-NCR contracting officials. For six of these seven contracts, the contracting officials did not ensure that prime contractors provided small businesses with adequate subcontracting opportunities. This occurred because RCO-NCR did not have policies and procedures for evaluating and approving subcontracting plans or for monitoring contractor compliance with subcontracting plans. As a result, small businesses may not have received subcontract work which large businesses were required to provide them. Small Business Contracting at Regional Contracting Office-National Capital Region Needs Improvement.
DoD Earned Value Management Systems Interpretation Guide
The Department of Defense (DoD) issued a new Earned Value Management Systems Interpretation Guide, which aims to pull together and streamline DoD rules for evaluating contractors’ earned value management systems (EVMS) compliance. The guide seeks to reduce compliance burdens by promoting consistent application of EVMS compliance assessments across DoD; emphasize the need for clear and measurable technical objectives for planning, performance measurement, and managing the baseline; and to show how program-unique management practices can be consistent and compliant with broader EVMS guidelines. DOD Earned Value Management Systems Interpretation Guide.
DoD, GSA, and NASA Issues Advanced Notice of Proposed Rulemaking to Amend FAR List of Domestically Nonavailable Articles
The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued an advance notice of proposed rulemaking to amend the Federal Acquisition Regulation (FAR) to update the list of domestically nonavailable articles under the Buy American Act, 80 Fed. Reg. 15544. DoD, GSA, and NASA are seeking information that will assist in identifying domestic capabilities and for evaluating whether some articles on the list of domestically nonavailable articles are now mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.
Comments are due May 26, 2015 to be considered in the formation of the proposed rule.
GSA Issues Request for Information Seeking Feedback On Commercial Supplier Agreement Terms Inconsistent With Federal Law
The General Services Administration (GSA), Office of Acquisition Policy, issued a request for information (RFI) seeking feedback on a proposed class deviation to the Federal Acquisition Regulation (FAR) and the General Services Acquisition Regulation (GSAR) to address common Commercial Supplier Agreement terms that are inconsistent with or create ambiguity with Federal law. This class deviation will go into effect forty-five (45) days from the date of publication of this RFI in the Federal Register, after considering comments received, 80 Fed. Reg. 15011. Comments are due April 20, 2015.
DoD Releases Selected Acquisition Reports as of December 31, 2014
The Department of Defense (DoD) has released Selected Acquisition Reports (SARs) as of December 31, 2014, Program Acquisition Cost Summary. The SARs provide details on major defense acquisition program cost, schedule, and performance changes since the December 2013 reporting period. The information is based on the SARs submitted to Congress for the December 2014 reporting period. These reports are prepared annually in conjunction with submission of the President’s budget. The total program cost estimates provided in the SARs include research and development, procurement, military construction, and acquisition-related operations and maintenance. Total program costs reflect actual costs to date as well as future anticipated costs. DoD Releases Selected Acquisition Reports as of December 31, 2014.
SMALL BUSINESS ADMINISTRATION
SBA Issues Advanced Notice of Proposed Rulemaking to Seek Comments on the Small Business Timber Set Aside Program
The U.S. Small Business Administration (SBA) issued an advanced notice of proposed rulemaking to seek comments on possible amendments to the Small Business Timber Set-Aside Program (the Program) regulations, 80 Fed. Reg. 15697. The Program is rooted in the Small Business Act, which tasked the SBA with ensuring that small businesses receive a fair proportion of the total sales of government property. Several timber industry stakeholders have petitioned the SBA to make changes to the Program because they believe that the current regulations do not provide adequate protections to ensure that small businesses maintain a fair share of the National Forest timber sale market. In response, the SBA, in consultation with the United States Forest Service, is seeking comments on several issues to assist the SBA in formulating potential regulatory proposals. The SBA will share the comments received in response to this advanced notice of proposed rulemaking with the United States Forest Service for their use in determining whether, and if so how, to make any corresponding changes to the United States Forest Service Handbook. First, the SBA seeks comments on the possibility of including saw timber volume sold as part of a stewardship timber or stewardship services contract in the calculation of the timber sale share of small business. Second, the SBA seeks comments on how timber sale appraisals should be performed for small business set aside sales and associated costs and benefits to stakeholders. The SBA is also seeking input on various policy options. Comments are due May 26, 2015.
Committee for Purchase From People Who Are Blind or Severely Disabled The Following Notices Were Issued:
80 Fed. Reg. 14973, March 20, 2015, proposing to add products (Easy Storage Box, 14\3/4\'' x 12'' x 9\1/2\'', White 8115-00-NSH-0338; Cup, Disposable, Paper, BioBased, Cold Beverage, White, 21 oz./7350-00-NIB-0209; Cup, Disposable, Paper, Cold Beverage, White, 21 oz. 7350-00-NIB-0210; Cup, Disposable, Paper, Cold Beverage, White, 32 oz. 7350-00-NIB-0215; Mandoline Slicer, Handheld/MR 338 Shaker, Salad Dressing/MR 342) and a service (Base Operations Service, US Army, US Army Garrison-Detroit Arsenal, 6501 East Eleven Mile Road, Warren, MI) and delete products (Cleaning Compound, 7930-01-398-0942; Stapler, Spring-powered, Pliers Style, 752001-598-4239; Ballpoint Pen, Round, Stick Type, “Alpha Basic”, Red Ink, Red Ink w/Grip; Highlighter Set, Dry Transfer/7520-01-504-8939) and a service (Laundry Service, Naval Hospital & Naval Dental Clinic Base, Farenholt Road, Agana Heights, GU) from the Procurement List. Comments are due April 20, 2015.
80 Fed. Reg. 14973, March 20, 2015, to add products (Kit, Gifts for Santa/MR 385 Christmas Sticker Book/MR 378; Slotted Spoon, Red/MR 390; Slotted Turner, Red/MR 391; Tongs, Red/MR 392; Slotted Spoon/MR 393, Green; Slotted Turner/MR 394 Green; Tongs, Green/MR 395) and a service (Janitorial Service, USDA, Agricultural Research Service, Southern Plains Agricultural Research Center, 2881 F&B Road College Station, TX) and delete a product (Folder, Zebley Claim) and services (Custodial Service USDA, Laboratory Research Building 6301 W. 750 North West Lafayette, IN; Microfilming Service Commodities Future Trading Commission 1155 21st Street Washington, DC) from the Procurement List, 80 Fed. Reg. 14973. The additions and changes will become effective April 20, 2015.
