Weekly Update Newsletter - January 2015 #2

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GOVERNMENT CONTRACTS 

HHS IG Issues Report Regarding Federal Marketplace: Inadequacies in Contract Planning and Procurement

The Department of Health and Human Services (HHS) inspector general found that the Centers for Medicare & Medicaid Service (CMS) did not always meet the contracting requirements when awarding the Federal Marketplace contracts, as well several missteps taken by CMS that increased the government’s risk when awarding contracts for the Federal Marketplace at HealthCare.gov.  Specifically, CMS failed to designate a lead systems integrator, failed to perform thorough past performance reviews for some contractors, and did not develop an overarching acquisition strategy for the Federal Marketplace or perform all required oversight activities. Furthermore , CMS missed opportunities to leverage all available acquisition planning tools and contracting approaches to identify and mitigate risks. HHS IG Issues Report Regarding Federal Marketplace: Inadequacies in Contract Planning and Procurement.

OSC Issues Notice of Proposed Rulemaking: Revision of Regulation to Allow Federal Contractors, Subcontractors, and Grantees to File Whistleblower Disclosures With the OSC

The U.S. Office of Special Counsel (OSC) issued a notice of proposed rulemaking to revise its regulations to accept covered disclosures of wrongdoing from employees working under a contract or grant with the Federal government, 80 Fed. Reg. 3182.  Comments on the proposed rule are due March 23, 2015.  

SMALL BUSINESS ADMINISTRATION 

SBA Issues Optional “Peg” Interest Rate for January – March Quarter for Fiscal Year 2015

The Small Business Administration (SBA) published the optional “peg” interest rate (13 CFR 120.214), of 2.625%, for the January – March quarter for fiscal year 2015. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan, 80 Fed. Reg. 2466. This rate may be used as a base rate for guaranteed fluctuating interest rate SBA loans.  

Committee for Purchase From People Who Are Blind or Severely Disabled  

The Following Notices Were Issued:

80 Fed. Reg. 3225, January 22, 2015, add products (Kit, Pre-Cut Fabric, ECWCS Gen III Trouser, UCP; Kit, Pre-Cut Fabric, ECWCS Gen III Trouser, Multi-Cam; Tape, Seam, Pre-Cut component for ECWCS Gen III Trousers; Presentation Easel, Magnetic Whiteboard/Flipchart, 27'' x 35'', Adjustable Height Tripod; Presentation Easel, Dbl. Sided Melamine Whiteboard/Flipchart, 27'' x 4'', Blk. U-Shaped Adj.; Presentation Easel, Dbl. Sided 26'' x 34'' White Board/Flipchart, Black Frame, Adj. U-Shaped; Presentation Easel, Melamine, 29'' x 40'' White Board/Flipchart, Black 4-Legged Adjustable Frame; Presentation Easel w/Pad, Magnetic Whiteboard, 27'' x 39'', Silver U-shaped Frame, Adj. Height & Arms; Presentation Easel, Melamine Whiteboard/Flipchart, 26'' x 35'', Black Frame, Adjustable Height) and services (Grounds Maintenance and Snow Removal Service, US Army Research Laboratory, 4402 Susquehanna Avenue, Aberdeen Proving Ground, MD; Operations and Maintenance Service, Bureau of Engraving and Printing, Western Currency Facility, 9000 Blue Mound Road, Fort Worth, TX.) and delete a service (Grounds Maintenance Service United States Postal Service, General Mail Facility, San Jose, CA) from the Procurement List.  The additions and deletions will become effective February 22, 2015. 

80 Fed. Reg. 2400, January 16, 2015, proposing to add a product (Small Web Door Assembly) and a service (Furniture Design and Configuration Service, Rhode Island National Guard, 330 Camp Street, Providence, RI; Janitorial Service, USDA, Agricultural Research Service, Southern Plains Agricultural Research Center, 2881 F&B Road, College Station, TX) to the Procurement List.  Comments on the proposed additions are due February 16, 2015.  

80 Fed. Reg. 2401, January 16, 2015, add products (Toner Cartridge, Remanufactured Lexmark), a service (Maintenance Service U.S. Coast Guard, U.S. Coast Guard Yard, Curtis Bay, 2401 Hawkins Point Road, Baltimore, MD) and deleting a product (Bag, Protective) and service (Mess Attendant Service 121st Air Refueling Wing, 7370 Minuteman Way, Redtail Dining Facility, Bldg. 917, Columbus, OH) from the Procurement List.   The additions and deletions will become effective February 16, 2015. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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