Weekly Update Newsletter - April 2015

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GOVERNMENT CONTRACTS 

GSA and HHS Issue a Notice Regarding Conducting a National Dialogue To Reduce Reporting Compliance Costs for Federal Contractors and Grantees 

The General Services Administration (GSA) and Department of Health and Human Services (HHS) issued a notice regarding conducting a national dialogue to discuss ideas on how to reduce the costs associated with reporting compliance under Federal awards (i.e. contracts, subcontracts, grants, subgrants, and cooperative agreements), 80 Fed. Reg. 17438. The dialogue is part of an effort to improve the economy and efficiency of the federal award system by identifying impactful steps that can be used to streamline reporting, reduce burden, and reduce costs.  Interested parties may participate in the national dialogue through an online platform by reviewing the information and participation dates posted at www.cao.gov.  The dialogue will open on May 30, 2015 and close on May 30, 2017. 

DOL OFCCP Issues an Extension of the Comment Period to the NPRM Regarding Discrimination on the Basis of Sex 

The Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued an extension of the comment period to the notice of proposed rulemaking (NPRM) issued on January 30, 2015, 80 Fed. Reg. 5246, 80 Fed. Reg. 17373.  The NPRM proposed regulations setting forth requirements that Federal Government contractors and subcontractors, as well as federally assisted construction contractors and subcontractors, must meet in fulfilling their obligations under Executive Order 11246, as amended.  This includes ensuring nondiscrimination in employment on the basis of sex and taking affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex.  This document extends the comment period until April 14, 2015.  

FEC Issues a Notice of Availability of a Rulemaking Petition Regarding Federal Contractors  

The Federal Election Commission issued a notice of availability of a rulemaking petition, 80 Fed. Reg. 16595.  The petitioner asks the Commission to amend its regulations regarding federal contractors to include certain factors for determining whether entities of the same corporate family are distinct business entities for purposes of the prohibition on contributions by federal contractors. The Commission seeks comments on this petition.  Comments are due May 29, 2015. 

CAPITOL HILL  

The House Small Business Committee Passes Legislation Entitled, H.R. 1481: The Small Contractors Improve Competition Act of 2015 

The House Small Business Committee passed legislation introduced by Chairman Steve Chabot (R-OH), on Thursday March 26, 2015, to ensure more small businesses can compete for federal contracts and help save taxpayer money. H.R. 1481, The Small Contractors Improve Competition Act of 2015, makes a series of commonsense improvements to small business contracting policies to promote increased competition, a healthier industrial base, and a more cost-effective federal procurement process. The bill is the result of a series of hearings examining small business contracting policies, including a full committee hearing in February and two subcommittee hearings in March that further exposed how unjustified contract bundling, Administration policies devaluing small business subcontracting opportunities, and the improper use of reverse auctions are keeping small businesses from participating in the federal procurement process.  

SMALL BUSINESS ADMINISTRATION  

SBA Issues Advanced Notice of Proposed Rulemaking to Seek Comments Regarding the Revisions to the Small Business Development Center Program 

The U.S. Small Business Administration (SBA)  issued an advance notice of proposed rulemaking (ANPRM) to seek comments regarding the Small Business Development Center (SBDC) Program (the Program), 80 Fed. Reg. 17708.  Specifically, the SBA is seeking comments on the development of potential proposed amendments to the current regulations governing the Program, which is authorized by the Small Business Act. This ANPRM is being issued to commence the consultative process with stakeholders to examine several issues including: international trade counselor certification requirements; steps to selecting state/region directors; procedures for international travel; clarifying the use of carryover funds and procedures regarding the determination to affect suspension; and the termination or non-renewal of an SBDC's cooperative agreement.  Comments are due June 1, 2015. 

Committee for Purchase From People Who Are Blind or Severely Disabled 

The Following Notice Was Issued: 

80 Fed. Reg. 16363, March 27, 2015, proposing to add products (Neck Lanyard, Cord Style, J-Hook, Black, 36'' x .25''; Neck Lanyard, Strap Style, J-Hook, Black, 36'' x .75''; Neck Lanyard, Strap Style, J-Hook, Tan, 36'' x .75''; Neck Lanyard, Cord Style, J-Hook, Tan, 36'' x .25''; Clip Adapter, Strap, 100 PK; Holder, Identification, Smart Card, RFID Shielded, Opaque, Bulk PK) and a service (Custodial and Related Service, GSA PBS Region 4, Federal Building & U.S. Courthouse, 100 West Troy Street, Dothan, AL) and delete products (Tray, Desk, Plastic, Side Loading, Stackable, Legal, Beige; Tray, Desk, Plastic) from the Procurement List.  Comments on the proposed additions and deletion are due April 27, 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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