GOVERNMENT CONTRACTS 

DoD Published Competition Report for 2nd Quarter of FY 2015 

The Department of Defense (DoD) issued the Competition Report for the 2nd quarter for fiscal year 2015.  The report identifies the DoD’s competition metrics as of April 1, 2015.  The report tracks DoD’s obligations and actions based on data retrieved from the Federal Procurement Data System.  DoD Published Competition Report for 2nd Quarter of FY 2015. 

DoD OIG Issues Audit Entitled: Agreed-Upon Procedures for DoD Compliance with Service Contract Inventory Compilation and Certification Requirements for FY 2013 

Department of Defense (DoD) Office of Inspector General (OIG) issued an audit regarding the agreed-upon procedures for DoD compliance with service contract inventory compilation and certification requirements for FY 2013.  The reason for the audit was to assess DoD’s compliance with Federal and DoD requirements when Components compiled and certified the FY 2013 inventory of contracts for services (ICS).  The DoD OIG reviewed the methods that the Components used to compile the ICS and the completeness of information in Component certification letters.  The results of the audit showed that of the 33 Components that submitted an ICS, 31 submitted a certification letter for the FY 2013 reporting period; 14 Components submitted late certifications, and only 10 of the 31 Components included all eight required elements in their certification letters.  Additionally, Components varied in the level of information they provided in the certifications to address the required elements. DoD OIG Issues Audit Entitled: Agreed-Upon Procedures for DoD Compliance with Service Contract Inventory Compilation and Certification Requirements for FY 2013. 

GAO Issues Report Regarding DHS’s Major Acquisition Program: Assessments Reveal Actions Needed to Improve Accountability 

The Government Accountability Office (GAO) has issued a report regarding the Department of Homeland Security’s (DHS) major acquisition programs. DHS’s acquisition management activities have been on GAO’s High Risk List, in part due to program management, funding, workforce, and requirements issues.  Upon the request of Congress, the GAO has assessed all 14 of DHS’s largest acquisition programs that were in the process of obtaining new capabilities as of June 2014, and eight other major acquisition programs GAO or DHS identified were at risk of poor outcomes to provide additional insight into factors that lead to poor acquisition outcomes.  For all 22 programs, the GAO reviewed documents required by DHS policy, and met program representatives and headquarters officials responsible for overseeing the programs.  This report addresses the extent to which DHS’s major acquisition programs: (1) are on track to meet their schedules and cost estimates; (2) have successfully completed operational testing; and (3) are facing common issues department-wide.  For the first factor, GAO found two of the 22 DHS programs it reviewed were on track to meet the initial schedule and cost parameters established after DHS’s current acquisition policy went into effect in November 2008; 14 programs had experienced schedule slips, or schedule slips and cost growth.  The GAO was unable to assess six programs because DHS leadership had not yet approved baselines establishing their schedules and cost estimates even though these baselines are required by DHS policy.  For the second factor, the 22 programs reviewed are at different stages of operational testing, and assessments did not always address the key performance parameters (KPP) required to meet the DHS mission; 19 of the programs had delivered capabilities to operators, DHS's Director of Operational Test and Evaluation had assessed operational test results for 13 of these programs, of which six passed the testing.  For the third factor, the GAO found DHS acquisition programs continue to face staffing, funding, and requirements issues, which increase the likelihood that acquisition programs' schedules will slip and costs will grow. GAO Issues Report Regarding DHS's Major Acquisition Program: Assessments Reveal Actions Need to Improve Accountability 

SMALL BUSINESS ADMINISTRATION  

SBA Issues Advanced Notice of Proposed Rulemaking to Solicit Comments Regarding the Women’s Business Center Program 

The U.S. Small Business Administration (SBA) issued an advanced notice of proposed rulemaking (ANPRM) to solicit comments on issues involving the Women’s Business Center (WBC) Program, 80 Fed. Reg. 22434.  The SBA is evaluating the policies and procedures governing the management and oversight of the program and believes that public input could enhance its efforts to provide clear comprehensive and consistent guidance to the WBC grantees.  Among other things, the ANPRM seeks public feedback on: (1) the standards and procedures for evaluating applications for new or renewal application for WBC grants; (2) procedures and requirements for resolving findings and disputes resulting from financial exams, programmatic reviews, accreditation reviews, and other SBA oversight activities; and (3) the form and function of the required WBC information clearinghouse.  The SBA expects this effort will remove any ambiguity and uncertainty in the program and result in improved delivery of

services to the small business clients WBCs serve throughout the country.  Comments are due June 22, 2015.  

EMPLOYMENT 

EEOC Issues Proposed Rule to Amend Regulations under the Americans with Disabilities Act 

The Equal Employment Opportunity Commission (EEOC) issued a proposed rule to amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) as they relate to employer wellness programs, 80 Fed. Reg. 21659.  The proposed rule amends the ADA regulations to provide guidance on the extent to which employers may use incentives to encourage employees to participate in wellness programs that include disability-related inquiries and/or medical examinations.  Comments on the proposed rule are due June 19, 2015.   

Committee for Purchase From People Who Are Blind or Severely Disabled 

The Following Notices Were Issued: 

80 Fed. Reg. 21222, April 17, 2015, to delete products (Binder, Vinyl; Binder, Round Ring, Clear Overlay, Pockets, Brown, 1 1/2'' Capacity, Letter Size; Bottle, Pharmaceutical, White, Screw Cap) from the Procurement List.  The deletions will become effective May 18, 2015.  

80 Fed. Reg. 21223, April 17, 2015, proposing to delete products (Rain Gauge, 4''; Brassard, Military Police; Vest, Load Bearing Equipment; Rappel Seat, Assembly, Part No 3505-06-203; strap, Leg, Part No 3505-06-205; Strap, Waist, 8465-01-440-5883; 8465-01-440-5883--Harness, SPIE, Assembly) from the Procurement List.  Comments on the proposed deletions are due May 18, 2015.