Weekly Update Newsletter - February 2015

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GOVERNMENT CONTRACTS 

DOL Issues Notice of Proposed Rulemaking Regarding Discrimination on the Basis of Sex

The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a notice of proposed rulemaking (NPRM) that would set forth requirements that covered Federal Government contractors and subcontractors, and federally assisted construction contractors and subcontractors must meet in fulfilling their obligations under Executive Order 11246, as amended, to ensure nondiscrimination in employment on the basis of sex and to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, 80 Fed. Reg. 5246. This proposal would substantially revise the existing Sex Discrimination Guidelines, which have not been substantively updated since 1970, and replace them with regulations that align with current law and legal principles and address their application to current workplace practices and issues. Most of the proposed provisions in this NPRM would clarify wellestablished case law or applicable requirements from other Federal agencies and therefore would not change existing requirements for entities affected by this rule. The NPRM’s approach with respect to pregnancy accommodation is consistent with the interpretation of the Pregnancy Discrimination Act adopted by the Equal Employment Opportunity Commission (EEOC) and by the Government in Young v. United Parcel Serv., Inc., 707 F.3d 437 (4th Cir. 2013), cert. granted (U.S. No. 12-1226, July 1, 2014).  Comments are due March 31, 2015. 

SMALL BUSINESS ADMINISTRATION 

SBA Issues Proposed Rule to Amend Small Business Mentor Protégé Program, Small Business Size Regulations, Government Contracting Programs, 8(a) Business Development/Small Disadvantaged Business Status Determinations; HUBZone Program; WOSB Federal Contract Program, and Rules of Procedure Governing Cases Before OHA

The U.S. Small Business Administration (SBA) issued a proposed rule to amend its regulations to implement provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013, 80 Fed. Reg. 6618. Based on authorities provided in these two statutes, the proposed rule would establish a Government-wide mentor-protégé program for all small business concerns, consistent with SBA's mentor-protégé program for Participants in SBA's 8(a) Business Development (BD) program. The proposed rule would also make minor changes to the mentor protégé provisions for the 8(a) Business Development program in order to make the mentor-protégé rules for each of the programs as consistent as possible. The proposed rule would amend the current joint venture provisions to clarify the conditions for creating and operating joint venture partnerships, including the effect of such partnerships on any mentor-protégé relationships. Finally, the proposed rule would make several additional changes to current size, 8(a) Office of Hearings and Appeals or HUBZone regulations, concerning among other things, ownership and control, changes in primary industry, standards of review and interested party status for some appeals.  Comments on the proposed rule are due on April 6, 2015.  

SBA Issues Notice of Intent to Waive the Nonmanufacturer Rule for Warehouse Instantly Adjustable Racking Systems

The U.S. Small Business Administration (SBA) issued a notice of intent to waive the Nonmanufacturer Rule for Warehouse Instantly Adjustable Racking Systems, 80 Fed. Reg. 5191. On October 2, 2014, the SBA received a request that a class waiver be granted for Warehouse Instantly Adjustable Racking Systems under the North American Industry Classification System (NAICS) code 332999 (Miscellaneous Fabricated Metal Product Manufacturing), Product Service Code (PSC) 5450 (Miscellaneous Prefabricated Structures). According to the request, no small business manufacturers supply this class of products to the Federal government. Thus, the SBA is seeking information on whether there are small business warehouse instantly adjustable racking systems manufacturers. If granted, the waiver would allow otherwise qualified small businesses to supply the products of any manufacturer on a Federal contract set aside for small businesses, Service-Disabled Veteran-Owned (SDVO) small businesses, Women-Owned small businesses (WOSB), Economically Disadvantaged WomenOwned small businesses (EDWOSB), or Participants in the SBA's 8(a) Business Development (BD) program.  Comments and source information are due February 17, 2015. 

Committee for Purchase From People Who Are Blind or Severely Disabled 

The Following Notices Were Issued: 

80 Fed. Reg. 5092, January 30, 2015, proposing to add products (Pen, 1.4mm Bold, Ballpoint with Clip, Cushion Grip, Black Ink, Refillable; Pen, 1.4mm Bold, Ballpoint with Clip, Cushion Grip, Blue Ink, Refillable/7520-00-NIB-1970 Pen, 1.4mm Bold, Ballpoint with Clip, Cushion Grip, Red Ink, Refillable; Pen, Stick, Plastic Fine Point, Water Resistant Permanent Black Ink; Pen, Stick, Plastic Fine Point, Water Resistant Permanent Blue Ink; Pen, Stick, Plastic Fine Point, Water Resistant Permanent Red Ink; Pen, Stick, Plastic Medium Point, Water Resistant Permanent Black Ink; Pen, Stick, Plastic Medium Point, Water Resistant Permanent Blue Ink; Pen, Stick, Plastic Medium Point, Water Resistant Permanent Red Ink) to the Procurement List.  Comments on the proposed additions are due March 2, 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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