Weekly Update Newsletter - April 2015 #2

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GOVERNMENT CONTRACTS 

NIST Issues Draft Requirements, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations 

The National Institute of Standards and Technology (NIST) recently published draft requirements entitled, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations, for federal and nonfederal groups with access to controlled unclassified information, a subset of confidential information that, while not classified, must still be protected. These requirements are meant to supplement rules under the Federal Information Security Management Act (FISMA), which governs how federal agencies, and contractors on their behalf, manage their own data in their own information systems. The requirements outlined in the draft include limiting information system access to authorized users; separating the duties of individuals with access to the information, to reduce the risk of malevolent activity without their collusion; and making sure managers, systems administrators, and others are aware of security risks, policies and standards associated with the information they access. The Commerce Department is accepting comments on the draft requirements until May 12, 2015. 

SMALL BUSINESS ADMINISTRATION  

SBA Issues Notice to Extend the Comment Period for the Proposed Rule Regarding the Small Business Mentor-Protégé Program  

The U.S. Small Business Administration (SBA) issued a notice to extend the comment period for the proposed rule regarding the SBA’s mentor protégé program published in the Federal Register on February 5, 2015, 80 Fed. Reg. 6618. The comment period was scheduled to close on April 6, 2015. The SBA is extending the comment period an additional 30 days in response to the significant level of interest generated by the proposed rule and requests from multiple stakeholders for an extension. Given the scope of the proposed rule and the nature of the issues raised by the comments received to date, the SBA believes that affected businesses need more time to review the proposal and prepare their comments, 80 Fed. Reg. 18556.  The comment period has been extended until May 6, 2015.   

SBA Issues Optional Peg Interest Rate for April-June 2015 

The Small Business Administration (SBA) published the interest rate entitled, the optional “peg” rate pursuant to 13 CFR 120.214, 80 Fed. Reg. 18922. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan. This rate may be used as a base rate for guaranteed fluctuating interest rate SBA loans. The rate will be 2.125% for the April-June quarter of FY 2015.  Pursuant to 13 CFR 120.921(b), the maximum legal interest rate for any third party lender's commercial loan which funds any portion of the cost of a 504 project shall be 6% over the New York Prime rate or, if that exceeds the maximum interest rate permitted by the constitution or laws of a given State, the maximum interest rate will be the rate permitted by the constitution or laws of the given State. 

Committee for Purchase from People Who Are Blind or Severely Disabled 

The Following Notices Were Issued: 

80 Fed. Reg. 18215, April 3, 2015, add a product (Small Web Door Assembly) and delete products (Case, Flag, Hardwood; Envelope, Inter-Departmental) and a service (Grounds Maintenance, Oakland Army Base and Naval Supply Center, Oakland, CA) from the Procurement List.  The addition and deletions will become effective May 4, 2015.  

80 Fed. Reg. 18216, April 3, 2015, proposing to add products (Hearing Protection, Over-theHead Earmuff; Hearing Protection, Behind-the-Head Earmuff; Hearing Protection, Behind-theHead Earmuff; Hearing Protection, Over-The-Head Earmuff) to the Procurement List.  Comments on the proposed additions are due May 4, 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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