Weekly Update Newsletter - January 2015 #3

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GOVERNMENT CONTRACTS 

DoD Issues Proposed Rule to Amend DFARS Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR)  (DFARS Case 2014-D015)

The Department of Defense (DoD) issued  a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to require contracting officers to consider information in the Statistical Reporting module of the Past Performance Information Retrieval System (PPIRS) when evaluating past performance of offerors under competitive solicitations for supplies using simplified acquisition procedures, 80 Fed. Reg. 4848.  Comments on the proposed rule are due March 30, 2015.  

DoD Issues Final Rule to Amend DFARS Defense Contractors Performing Private Security Functions (DFARS Case 2014-D008)

The Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address DoD-unique requirements for defense contractors performing private security functions outside the United States, 80 Fed. Reg. 4998.  The final rule became effective January 29, 2015.  

DoD Issues Final Rule to Amend DFARS Updated Descriptions of Product Service Groups Subject to Trade Agreements (DFARS Case 2015-D004)

The Department of Defense (DoD) issued  a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update the descriptions of Federal supply groups (now identified as product service groups) subject to trade agreements to conform to the current Federal Procurement Data System Product and Service Codes Manual, 80 Fed. Reg. 4805.  The final rule became effective January 29, 2015.  

DoD, GSA, and NASA Issue Federal Acquisition Circular 2005-80

The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued Federal Acquisition Circular (FAC) 2005-80, 80 Fed. Reg. 4966.  This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council.   

DoD, GSA, and NASA Issue the Small Entity Compliance Guide

The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued the Small Entity Compliance Guide, 80 Fed. Reg. 4994. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2005-80, which amends the Federal Acquisition Regulation (FAR).  

DoD, GSA, and NASA Issue Final Rule to Amend FAR Management and Oversight of the Acquisition of Services

Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued  a final rule to amend the Federal Acquisition Regulation (FAR) to implement a recommendation to strengthen guidance on service acquisitions on uncompensated overtime, 80 Fed. Reg. 4992.  The final rule will become effective March 2, 2015.  

DoD Seeks 10-Year Extension of Small Business Mentoring Program

The Department of Defense (DoD) issued a statement, on January 22, 2015, of its intentions to request a 10 year extension of the small business mentor-protégé program.  The program improves the ability of socioeconomically disadvantaged small businesses to compete for defense contracts. Despite the program having been in existence since 1991, it is still categorized as a pilot program, causing the program to go through the reauthorization process every few years.  The DoD has learned, through speaking with industry leaders, that it is the pilot status of the program that has caused business owners to be less inclined to place business development dollars toward helping to facilitate small businesses, especially around the time of reauthorization.  The DoD hopes the extension of the program by 10 years will provide stability, as well as reassure the industry that the program is worth investing in.  DoD Seeks 10-Year Extension of Small Business Mentoring Program. 

SMALL BUSINESS ADMINISTRATION 

SBA Issues Notice of Intent To Waive the NonManufacturer Rule for Scientific Vacuum Pumps

The Small Business Administration (SBA) issued a notice of intent to waive the Nonmanufacturer Rule for Scientific Vacuum Pumps, 80 Fed. Reg. 4617.  On October 1, 2014, the SBA received a request that a class waiver be granted for scientific vacuum pumps under the North American Industry Classification System (NAICS) code 333911 (Pump and Pumping Equipment Manufacturing), Product Service Code (PSC) 4310 (Compressors and Vacuum Pumps). 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 scientific vacuum pump 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, WomenOwned small businesses (WOSB), Economically Disadvantaged Women-Owned small businesses (EDWOSB), or Participants in the SBA's 8(a) Business Development (BD) program.  Comments and source information are due February 12, 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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