Weekly Update Newsletter - February 2017

by PilieroMazza PLLC
Contact

PilieroMazza PLLC

GOVERNMENT CONTRACTS

Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs
On January 30, 2017, President Trump issued an executive order requiring for every one new federal regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.  In addition, for fiscal year 2017, the heads of all agencies are directed that the total incremental cost of all new regulations, including repealed regulations, to be finalized in 2017 cannot be greater than zero, unless otherwise required by law or consistent with advice provided in writing by the Director of the Office of Management and Budget (“OMB”).  The executive order can be read here.

The 2017 Adjustment of the Penalty for Violation of Notice Posting Requirements
In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (“FCPIA”), which further amended the FCPIA Act of 1990, this final rule adjusts for inflation the civil monetary penalty for violation of the notice-posting requirements in Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Genetic Information Non-Discrimination Act.  This final rule is effective March 2, 2017.  82 Fed. Reg. 8807.

OTHER NEWS

“House Votes to Repeal Obama ‘Blacklisting’ Rule.”  The Hill, February 2, 2017.  Retrieved from http://thehill.com.
The House of Representatives voted 236-187 for a resolution under the Congressional Review Act (“CRA”) that would block a rule that requires companies to report any labor law violation or alleged violation they’ve had in the last three years when bidding on federal contracts over $500,000.  The resolution now heads to the Senate, where it is expected to pass.  CRA resolutions cannot be filibustered.

“Shulkin Promises Employee Accountability, VA Choice Redesign If Confirmed.”  Federal News Radio, February 2, 2017.  Retrieved from http://federalnewsradio.com.
Dr. David Shulkin, President Trump’s pick to lead the Veterans Affairs Department (“VA”), assured senators at his nomination hearing that with his confirmation and leadership, he wouldn’t just be “more of the same.”  “There is no doubt that if confirmed as secretary, I will seek major reform and a transformation to the VA,” Shulkin said during his nomination hearing before the Senate Veterans Affairs Committee.  “There will be far greater accountability, dramatically improved access, responsiveness and expanded care options, but the Department of Veterans Affairs will not be privatized under my watch.”  Committee Chairman Johnny Isakson (R-GA) said he sees an easy path to Senate confirmation for Shulkin and hopes he could take the helm as the leader of the government’s second-largest agency by the end of next week.

“Top Federal IT Contracts to Watch for in 2017.”  Nextgov, January 31, 2017.  Retrieved from http://www.nextgov.com.
This year will offer more contracting opportunities valued at far less than the number of contracts that went out to bid in 2016.  Data from Deltek, an information solutions provider for government contractors, suggests industry will be able to compete on approximately 1,400 federal IT opportunities this year valued at approximately $100 billion.  The VA will be among the most active agencies in 2017, with a request for proposal (“RFP”) on its $64 billion community care network for professional services, and the upcoming release of an RFP for a follow-on to its commodity enterprise contract.  The scorecard approach that the General Services Administration successfully used in creating Alliant 2 has also caught the attention of the U.S. Air Force, which is planning to release an RFP this year for its Small Business Enterprise Application Solutions.  This will be a follow-on to the Air Force’s Network Centric Solutions-2 small business companion contract, awarded in 2012 with an original ceiling of $960 million.  Deltek analysts estimate the amount for the new RFP will be the same as the original contract.  The Defense Information Systems Agency (“DISA”)—the IT arm of the Defense Department—is expected to release an RFP, worth an estimated $7.5 billion, for its Systems Engineering Technology Innovation contract, which will provide support to the Pentagon’s IT systems. It’s a kind of companion contract to the $17.5 billion Encore III contract that DISA tweaked and released last year after bid protests.

“Senate Panel Approves McMahon to Lead Small Business Administration.”  The Hill, January 31, 2017.  Retrieved from http://thehill.com.
The Senate Small Business and Entrepreneurship Committee voted to approve former World Wrestling Entertainment head Linda McMahon to lead the Small Business Administration.  The vote was 18-1, with the only “no” vote coming from Sen. Cory Booker (D-NJ).  The nomination now heads to the full Senate for a final vote.

“Trump Orders Review of Military Readiness, Boosting Defense Funds in 2017.”  Federal News Radio, January 27, 2017.  Retrieved from http://federalnewsradio.com.
On January 20, 2017, President Trump signed a memorandum ordering the Pentagon to launch a 30-day examination of a broad set of measures of military readiness, from maintenance to munitions and infrastructure to manning and training.  The Department of Defense (“DOD”) will work with the OMB to draw up an emergency supplemental 2017 budget request.  The funds would be used to pay for any immediate readiness gaps that the Pentagon review identifies, and the order also tells OMB and DOD to use the results of the readiness review as a basis for defense budgets in 2018 and beyond. The memorandum can be read here.

 

GOVERNMENT CONTRACTS

Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs
On January 30, 2017, President Trump issued an executive order requiring for every one new federal regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.  In addition, for fiscal year 2017, the heads of all agencies are directed that the total incremental cost of all new regulations, including repealed regulations, to be finalized in 2017 cannot be greater than zero, unless otherwise required by law or consistent with advice provided in writing by the Director of the Office of Management and Budget (“OMB”).  The executive order can be read here.

The 2017 Adjustment of the Penalty for Violation of Notice Posting Requirements
In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (“FCPIA”), which further amended the FCPIA Act of 1990, this final rule adjusts for inflation the civil monetary penalty for violation of the notice-posting requirements in Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Genetic Information Non-Discrimination Act.  This final rule is effective March 2, 2017.  82 Fed. Reg. 8807.

OTHER NEWS

“House Votes to Repeal Obama ‘Blacklisting’ Rule.”  The Hill, February 2, 2017.  Retrieved from http://thehill.com.
The House of Representatives voted 236-187 for a resolution under the Congressional Review Act (“CRA”) that would block a rule that requires companies to report any labor law violation or alleged violation they’ve had in the last three years when bidding on federal contracts over $500,000.  The resolution now heads to the Senate, where it is expected to pass.  CRA resolutions cannot be filibustered.

“Shulkin Promises Employee Accountability, VA Choice Redesign If Confirmed.”  Federal News Radio, February 2, 2017.  Retrieved from http://federalnewsradio.com.
Dr. David Shulkin, President Trump’s pick to lead the Veterans Affairs Department (“VA”), assured senators at his nomination hearing that with his confirmation and leadership, he wouldn’t just be “more of the same.”  “There is no doubt that if confirmed as secretary, I will seek major reform and a transformation to the VA,” Shulkin said during his nomination hearing before the Senate Veterans Affairs Committee.  “There will be far greater accountability, dramatically improved access, responsiveness and expanded care options, but the Department of Veterans Affairs will not be privatized under my watch.”  Committee Chairman Johnny Isakson (R-GA) said he sees an easy path to Senate confirmation for Shulkin and hopes he could take the helm as the leader of the government’s second-largest agency by the end of next week.

“Top Federal IT Contracts to Watch for in 2017.”  Nextgov, January 31, 2017.  Retrieved from http://www.nextgov.com.
This year will offer more contracting opportunities valued at far less than the number of contracts that went out to bid in 2016.  Data from Deltek, an information solutions provider for government contractors, suggests industry will be able to compete on approximately 1,400 federal IT opportunities this year valued at approximately $100 billion.  The VA will be among the most active agencies in 2017, with a request for proposal (“RFP”) on its $64 billion community care network for professional services, and the upcoming release of an RFP for a follow-on to its commodity enterprise contract.  The scorecard approach that the General Services Administration successfully used in creating Alliant 2 has also caught the attention of the U.S. Air Force, which is planning to release an RFP this year for its Small Business Enterprise Application Solutions.  This will be a follow-on to the Air Force’s Network Centric Solutions-2 small business companion contract, awarded in 2012 with an original ceiling of $960 million.  Deltek analysts estimate the amount for the new RFP will be the same as the original contract.  The Defense Information Systems Agency (“DISA”)—the IT arm of the Defense Department—is expected to release an RFP, worth an estimated $7.5 billion, for its Systems Engineering Technology Innovation contract, which will provide support to the Pentagon’s IT systems. It’s a kind of companion contract to the $17.5 billion Encore III contract that DISA tweaked and released last year after bid protests.

“Senate Panel Approves McMahon to Lead Small Business Administration.”  The Hill, January 31, 2017.  Retrieved from http://thehill.com.
The Senate Small Business and Entrepreneurship Committee voted to approve former World Wrestling Entertainment head Linda McMahon to lead the Small Business Administration.  The vote was 18-1, with the only “no” vote coming from Sen. Cory Booker (D-NJ).  The nomination now heads to the full Senate for a final vote.

“Trump Orders Review of Military Readiness, Boosting Defense Funds in 2017.”  Federal News Radio, January 27, 2017.  Retrieved from http://federalnewsradio.com.
On January 20, 2017, President Trump signed a memorandum ordering the Pentagon to launch a 30-day examination of a broad set of measures of military readiness, from maintenance to munitions and infrastructure to manning and training.  The Department of Defense (“DOD”) will work with the OMB to draw up an emergency supplemental 2017 budget request.  The funds would be used to pay for any immediate readiness gaps that the Pentagon review identifies, and the order also tells OMB and DOD to use the results of the readiness review as a basis for defense budgets in 2018 and beyond. The memorandum can be read here.

- See more at: http://www.pilieromazza.com/weekly-update-newsletter#sthash.nvcTDeVR.dpu

 

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.

© PilieroMazza PLLC | Attorney Advertising

Written by:

PilieroMazza PLLC
Contact
more
less

PilieroMazza PLLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.