GOVERNMENT CONTRACTS

President Obama Drafts Executive Order Establishing Paid Sick Leave for Contractors

President Obama has drafted an Executive Order (E.O.) that would force any company that contracts with the federal government to issue paid leave to employees who are sick, are seeking medical attention or need to care for a sick relative. The draft E.O. would potentially affect hundreds of thousands of workers, since it is aimed at contractors and subcontractors. It would be the latest in a string of E.O.s imposing requirements on companies doing business with the government that the President would like to see applied nationally.

DOD, GSA, and NASA Issue Second Extension of the Comment Period for Fair Pay and Safe Workplaces Proposed Rule

The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a second extension of the comment period for proposed rule, FAR Case 2014-025, published on May 28, 2015, amending the Federal Acquisition Regulation (FAR) to implement Executive Order (E.O.) 13673, “Fair Pay and Safe Workplaces,” which is designed to improve contractor compliance with labor laws and increase efficiency and cost savings in Federal Contracting, 80 Fed. Reg. 46531. On July 14, 2015, DOD, GSA, and NASA published an extension of the comment period by 15 days, from July 27, 2015, to August 11, 2015. The deadline for submitting comments has been further extended by an additional 15 days from August 11, 2015, to August 26, 2015, to provide additional time for interested parties to comment on the FAR case. The due date for comments on the Department of Labor’s Guidance for Executive Order 13673, which also implements the E.O., is being extended to August 26, 2015 as well.

DOD Issues Proposed Rule to Amend DFARS: Evaluating Price Reasonableness for Commercial Items (DFARS Case 2013-D034)

The Department of Defense (DOD) issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2013 that requires the issuance of guidance on the use of the authority to require the submission of other than cost or pricing data, 80 Fed. Reg. 45918. Comments on the proposed rule are due October 2, 2015. 

DOD Issues Final Rule and Partial Withdrawal to DFARS: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2014-D025)

The Department of Defense (DOD) issued a final rule and partial withdrawal to Defense Acquisition Regulations System published in the Federal Register on June 26, 2015, at 80 FR 36903, a document that implemented the inflation adjustment of acquisition-related dollar thresholds, 80 Fed. Reg. 45899. Inadvertently, by an amendment to DFARS section 207.170-3, paragraph (a) was escalated from $6 million to $6.5 million. This document withdraws that amendment. The final rule will become effective October 1, 2015. 

OMB Issues Notice of Solicitation of Comments on the Economic Classification Policy Committee’s Recommendations for the 2017 Revision of the North American Industry Classification System

The Office of Management and Budget (OMB) issued a notice of solicitation of comments on the Economic Classification Policy Committee's Recommendations for the 2017 Revision of the North American Industry Classification System (NAICS) under the authority of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 1104(d)) the OMB is seeking public comment on the advisability of adopting the proposed NAICS updates for 2017 recommended by its Economic Classification Policy Committee (ECPC), comprised of representatives of the Bureau of Economic Analysis, Bureau of Labor Statistics, and Census Bureau, 80 Fed. Reg. 46480. The ECPC recommends an update of the industry classification system to clarify existing industry definitions and content, recognize new and emerging industries, and correct errors and omissions. The notice summarizes the background for the proposed revisions to NAICS 2012 in Part I; contains a summary of public comments in Part II; includes a list of title changes for NAICS industries that clarify, but do not change, the existing content of the industries in Part III; and provides a comprehensive listing of proposed changes for national industries and their links to NAICS 2012 industries in Part IV. Comments are due October 5, 2015. 

NOTICES

Committee for Purchase From People Who Are Blind or Severely Disabled 
The Following Notices Were Issued:

80 Fed. Reg. 46249, August 4, 2015, to add products (Safety Padlock, Red, 1.5'' Shackle; Hasp, Steel with Tabs, 1''; 6 Lockout Padlocks, Nylon, Red Distribution: A-List; Large Plug Lockout with Label; Small Plug Lockout with Label; Gate Valve Lockout, 1'' to 2-1/2''; Gate Valve Lockout, 2-1/2'' to 5''; Wall Switch Lockout; Universal Single Circuit Breaker Lockout; Universal Multi-pole Circuit Breaker Lockout; Hasp, 1.5'' Steel with Tabs; Cable/Valve/Hasp Lockout Device; --3 Lockout Padlocks, Nylon, Red; 9V Alkaline non-rechargeable battery; 3.6V Lithium AA non-rechargeable battery) and services (Healthcare Housekeeping and Related Service, U.S. Army, Reynolds Army Community Hospital & Multiple Medical Treatment Facilities, Fort Sill, OK; Base Supply Center Service, U.S. Air Force, Tyndall Air Force Base, FL; Janitorial Service, Department of Energy, Western Area Power Administration, Sioux Falls Field Office, Brandon, SD) to the Procurement List. The additions will become effective August 31, 2015. 

80 Fed. Reg. 46250, August 4, 2015, to add products (Bib, Baby, Halloween; Socks, Halloween; Gloves, Halloween; Party Favors, Halloween, Spiders and Webs; Party Favors, Halloween, Witch's Fingers; Party Favors, Halloween, Nose and Glasses; Party Favors, Halloween, Fangs; Party Favors, Halloween, Mini Spiral Note Book; Party Favors, Halloween, Sticky Eyes and services (Removal/Clean-up Bird Dropping Service, Defense Logistics Agency, Defense Supply Center Richmond, 8000 Jefferson Davis Highway, Richmond, VA; Janitorial and Related Service, U.S. Customs and Border Protection, 1 La Puntilla Street, San Juan, PR) and delete a product (Belt, General Officers, Leather, Army, Black) from the Procurement List. Comments on the proposed additions and deletion are due August 31, 2015.