Weekly Update Newsletter - May 2015 #3

by PilieroMazza PLLC
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GOVERNMENT CONTRACTS 

DoD Issues January and February 2015 Contract Data Contract Reporting Scorecards 

The Department of Defense (DoD) issued the contract data and reporting scorecard metrics for January and February 2015.  The first scorecard, the Summary, displays Component compliance with sending contract actions to the Electronic Document Access (EDA) system in accordance with Defense Federal Acquisition Regulation Supplement Procedures, Guidance, and Information.  The second scorecard, the Procurement Data Standard (PDS), shows how many contracting offices within the Component are sending data to the PDS.  The third scorecard, Contract Reporting Scorecard, measures the extent to which Components posting actions to the EDA system post corresponding contract action reports to the Federal Procurement Data System, Next Generation in accordance with the Federal Acquisition Regulation.  DoD Issues January and February 2015 Contract Data Contract Reporting Scorecards

GSA Issues Notice to Modernize the Federal Supply Schedule Program: Standardization of Part Number Data 

The Federal Acquisition Service (FAS) of the General Services Administration (GSA) issued a notice in order to clarify the structured data elements required under the Federal Supply Schedule (FSS) program price list clause, 80 Fed. Reg. 27310.  The clarifications include: (1) Manufacturer Part Number (MPN) data is required for all awarded products; and (2) Universal Product Code Type A (UPC-A) data is required for all awarded products for which this information is commercially available.  FSS solicitation instructions have already been updated to clarify MPN and UPC-A data requirements for new offerors.  FAS plans to begin efforts to obtain this data from existing FSS contractors 45 days after publication of this notice.  The notice is effective May 13, 2015.  

NARA Issues Proposed Rule to Implement Controlled Unclassified Information Program 

The National Archives and Records Administration (NARA), Information Security Oversight Office (ISOO), issued a proposed rule to implement the Federal Government-Wide Controlled Unclassified Information (CUI) Program, 80 Fed. Reg. 26501.  The proposed rule establishes a policy for agencies on designating, safeguarding, disseminating, marking, decontrolling, and disposing of CUI, self-inspection and oversight requirements, and other facets of the CUI Program.  Comments on the proposed rule are due July 7, 2015. 

SMALL BUSINESS ADMINISTRATION 

SBA Issues FY2015 Proposed Small Business Contracting Goals for DOE 

The Small Business Administration (SBA) issued the proposed FY2015 agency contracting goals to the Department of Energy (DOE).  The SBA previously issued the agency contracting goals to all agencies, except for the DOE, on September 2, 2014.  To calculate the FY2015 goals, the SBA averaged the FY2013 performance combined with Buying Opportunity Possible Achievement percentage and the FY2014 Agency year-end projected percentage.  Each agency issued counter proposals and ultimately reached an agreement with the SBA on the small business goals.  However, the DOE differs from the other agencies pursuant to Section 318 of the Consolidated Appropriations Act of 2014 (CAA), prolonging the process to set the small business goals for the DOE. 

The CAA speaks to first tier subcontractors that are awarded by Management and Operating (M&O) Contractors sponsored by the DOE to small business concerns.  Pursuant to the CAA, the SBA has agreed to establish the DOE’s FY2015 prime contracting and subcontracting goal in the same manner as the SBA-established goals for all other agencies except that to the extent the DOE is able to provide M&O subcontracting data in an appropriate format, M&O first tier subcontracting will be counted towards the DOE’s prime contracting goal performance for each M&O contractor, and will not be counted toward the DOE’s subcontracting performance.   

The DOE’s small business goals for FY2015 are 6% for prime contracting and 50% for subcontracting.  The small business goals are further broken down to: 1) Small Disadvantaged Business (SDB) 5% for prime and 5% for subcontracting; 2) Women Owned Small Business (WOSB) 5% for prime and 5% for subcontracting; 3) Service Disabled Veteran Owned Small Business (SDVOSB) 3% for prime and 3% for subcontracting; and 4) HUBZone 3% for prime and 3% for subcontracting. SBA Issues FY2015 Proposed Small Business Goals for DOE.  

Committee for Purchase From People Who Are Blind or Severely Disabled 

The Following Notices Were Issued: 

80 Fed. Reg. 26548, May 8, 2015, proposing to add a product (9V Alkaline Nonrechargeable Battery) and service (Furniture Design and Configuration Service, New Hampshire National Guard) and delete a product (One Step Tub & Shower Cleaner, Brush, Bowl, Hardwood, Card, Guide, File) and a service (Janitorial/Custodial Service, U.S. Army Reserve Center, 295 Goucher Street: Johnston, Center #1, Johnstown, PA) from the Procurement List.  Comments on the proposed additions and deletions are due June 8, 2015.  

80 Fed. Reg. 26547, May 8, 2015, to add products (Bold Ballpoint Pen, SKILCRAFT, 1.4mm with Clip, Cushion Grip; Plastic Point Stick Permanent Water Resistant Pens) to the Procurement List. The additions will become effective June 8, 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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