Weekly Update Newsletter - June 2015 #2

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GOVERNMENT CONTRACTS

DoD Issues Semiannual Regulatory Agenda

The Department of Defense (DoD) published the semiannual agenda of regulatory documents, including those that are procurement-related, for public information and comments under Executive Order 12866 “Regulatory Planning and Review”, 80 Fed. Reg. 35008. The agenda incorporates the objective and criteria, when applicable, of the regulatory reform program under the Executive order and other regulatory guidance. It contains DoD issuances initiated by DoD components that may have economic and environmental impact on State, local, or tribal interests under the criteria of Executive Order 12866. The agenda updates the report published on November 21, 2014, and includes regulations expected to be issued and under review over the next 12 months. The next agenda is scheduled to be published in the fall of 2015.

DoD, GSA, and NASA Issue Semiannual Regulatory Agenda

The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued the Semiannual Regulatory Agenda, 80 Fed. Reg. 35108.  The agenda provides summary descriptions of regulations being developed by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in compliance with Executive Order 12866 “Regulatory Planning and Review.”

GSA Issues Semiannual Regulatory Agenda

The General Services Administration (GSA) issued the Semiannual Regulatory Agenda, 80 Fed. Reg. 35090. The agenda announces the proposed regulatory actions that GSA plans for the next 12 months and those that were completed since the fall 2014 edition. This agenda was developed under the guidelines of Executive Order 12866 “Regulatory Planning and Review.”

DOS Issues Proposed Rule to Amend ITAR: Revisions of U.S. Munitions List Categories XIV and XVIII

The Department of State (DOS) issued a proposed rule, as part of the President's Export Control Reform effort, to amend the International Traffic in Arms Regulations (ITAR) to revise Categories XIV (toxicological agents, including chemical agents, biological agents, and associated equipment) and XVIII (directed energy weapons) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML, 80 Fed. Reg. 34572. Comments on the proposed rule are due August 17, 2015.

DoD, GSA, and NASA Issue Proposed Rule to Amend FAR: Small Business Subcontracting Improvements

The Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration, which provide for a Government-Wide policy on small business subcontracting, 80 Fed. Reg. 32909.  Comments on the proposed rule are due August 10, 2015.

DoD Issues Cost Analysis Guidance and Procedures

The Department of Defense (DoD) issued a memorandum revising the policy and procedures for conducting cost estimation and analysis in DoD acquisition programs. The memorandum includes instructions on the scope of reviews, timelines for the preparation and review of cost estimates, examples of the kinds of questions that the DOD should ask at key acquisition milestones, and an encouragement for DOD officials to think about efficiency, cost-effectiveness, and acquisition strategy while conducting cost analyses, DoD Cost Analysis Guidance and Procedures.

FTA Issues Proposed Guidance: Buy America Handbook – Conducting Pre-Award and Post-Delivery Audits for Rolling Stock Procurements

The Federal Transit Administration (FTA), Department of Transportation (DOT), issued proposed guidance, in the form of a handbook, on complying with FTA’s Buy America pre-award and post-delivery audit requirements for rolling stock procurements, from the solicitation phase through final acceptance of the rolling stock, 80 Fed. Reg. 34487. The proposed guidance explains and illustrates how to calculate domestic content of rolling stock, it is intended for use by recipients of Federal funding, auditors, manufacturers, and suppliers (including subcontractors).  Additionally, the guidance explains to recipients how to verify and document their compliance with FTA’s Buy America pre-award and post-delivery audit requirements. The proposed guidance encourages recipients, manufacturers, and suppliers to adopt certain best practices to ensure compliance with the pre-award and post-delivery audit requirements.  Comments are due August 17, 2015.

CAPITAL HILL

A Stronger Voice for Small Businesses Act of 2015

The House Small Business Committee is considering a new bill entitled, A Stronger Voice for Small Businesses Act of 2015.  The bill amends the Small Business Act to authorize a person to file a petition or reconsideration of a size standard revised, modified, or established by the Administrator of the Small Business Administration with the Office of Hearings and Appeals, rather than go through the federal court system.

SMALL BUSINESS ADMINISTRATION

SBA Issues Semiannual Regulatory Agenda

The U.S. Small Business Administration (SBA) issued the Semiannual Regulatory Agenda, 80 Fed. Reg. 35098. The agenda is a summary of all current and projected rulemakings and completed actions of the SBA. The SBA expects that the summary information will enable the public to be more aware of, and effectively participate in, the SBA’s regulatory activity.

NOTICES

Committee for Purchase From People Who Are Blind or Severely Disabled

The Following Notices Were Issued:

80 Fed. Reg. 33485, June 12, 2015, proposing to add products (Combination Tool, Fire Fighter's;Tool Handle, Replacement, Fire Line Combination Tool; Pulaski Tool, Fire Fighter's; Handle, Pulaski Tool, With Wedge; Fish Oil, 1000mg, 100 Capsules; Cyanocobalamin (B-12), 1000mcg, 100 Tablets; Cholecalciferol (D-3), 2000 IU, 100 Pills; Magnesium Oxide, 420mg, 100 Tablets; Omega-3 Fish Oil, 500mg, 45 Softgel Tablets; Omega-3 Fish Oil, 1000mg, 60 Softgel Tablets; Dual Spectrum Krill/Fish Oil-Omega-3, 120 Pills; Omega 3-6-9, 120 Pills; Krill Oil, 300mg, 60 Pills; Co-Q-10, 200mg, 100 Pills; Glucosamine Chondroitin, Triple Strength, 120 Pills; Badge Reel, ID, Retractable, Bulldog Clip, Black; Flight Line Lanyard, Cord Style, Breakaway, with Holder, Black, 36'' x .25''; Holder, Badge, Vinyl, Re-Sealable, Clear, 3-3/4'' x 2-5/8''; 3/8 Drive Shallow Standard, SAE 6 Point; Fasteners, 12 Pieces; 3/8 Drive Deep Standard, SAE 6 Point Fasteners, 12 Pieces; 1/2 Drive Shallow Standard, SAE 6 Point Fasteners, 11 Pieces; 1/2 Drive Deep Standard, SAE 6 Point Fasteners, 13 Pieces; 3/8 Drive Shallow Metric, 6 Point Fasteners, 14 Pieces; 3/8 Drive Deep Metric, 6 Point Fasteners, 14 Pieces; 1/2 Drive Shallow Metric, 6 Point Fasteners, 15 Pieces; 1/2 Drive Deep Metric, 6 Point Fasteners, 15 Pieces; 20'x25' polyethylene tarp with grommets; Illuminating Grip Wrap; SCBA ID Tags; Exit Sign, Silver Frame, Post Mount; Exit Sign, Silver Frame, Wall Mount; Exit Sign, No Frame, No Mount; Illuminating Tape; Door Closer, Architectural Commercial Grade; Kit, Cleaning, Bucket and Caddy; Guard, Gun Barrel, Black, One Size Fits All; Envelope, Transparent, Large, 10'' x 13''; Complete Eyeglasses (frames and lenses)) and services (Janitorial/Custodial Service, OCIE Warehouse, Latrobe, PA; Repair of Adding Machines Service, Federation Employment and Guidance Service, Inc., New York, NY; Janitorial/Custodial Service, Bureau of Land Management Imperial County, CA; Medical Transcription Service, 355th Medical Supply-F5HOSP, 4175 South Alamo, Bldg 400, Davis-Monthan AFB, AZ; Mailroom Operation Service, 14th U.S. Coast Guard District, 300 Ala Moana Boulevard, Honolulu, HI; Car Wash Service, Customs and Border Protection, Indio Border Station, 83-801 Vin Deo Circle, Indio, CA; Administrative Service, GSA, Tucson PBS: Tucson Field Office, 300 W. Congress, Tucson, AZ; Mailroom Operation Service, U.S. Army Corps of Engineers: Los Angeles District, Los Angeles, CA; Recycling Service, Davis-Monthan Air Force Base, AZ; Mailroom Operation Service, Customs and Border Protection Laguna Niguel Facilities, 24000 Avila Road. Laguna Niguel, CA; Janitorial/Grounds and Related Service, Clearfield Federal Depot: Buildings C-6, C-7, D-5 and 2, Clearfield, UT; Janitorial/Custodial Service, VA Greater Los Angeles Regional Healthcare System, Consolidated Mail Outpatient Pharmacy, 11301 Wilshire Boulevard, Building 222, Los Angeles, CA; Warehousing Operations Service, O'Brien Warehouse, U.S. Geological Survey, Menlo Park Science Center, 1020 O'Brien Drive, Menlo Park, CA; Janitorial/Custodial Service, VA Outreach Center, 9737 Haskell Avenue, Sepulveda, CA; Grounds Maintenance Service, National Park Service: Golden Gate National Recreation Area, Fort Mason, San Francisco, CA) to the Procurement List.  Comments on the proposed additions are due July 13, 2015.

80 Fed. Reg. 33489, June 12, 2015, to add a service (Mail Service, U.S. Air Force, Official Mail Center & Postal Service Center, 740 Arnold Avenue, Suite 1B, Whiteman AFB, MO) and delete products (One Step Tub & Shower Cleaner; Brush, Bowl, Hardwood; Card, File Guide, 1/5 Cut, 1st/5th Positions Tabs, Letter, Light Green) and services (Grounds Maintenance Service, Fort Ord, CA; Shelf Stocking & Custodial Service; Barbers Point Naval Air Station, Barbers Point, HI; Janitorial/Custodial Service; U.S. Army Reserve Center #1, 295 Goucher Street, Johnstown, PA) from the Procurements List.  The additions and deletions will become effective July 13, 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. Attorney Advertising.

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