Weekly Update Newsletter - May 2015

by PilieroMazza PLLC
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SMALL BUSINESS ADMINISTRATION 

SBA Issues Proposed Rule to Amend Women-Owned Small Business Federal Contract Program 

The U.S. Small Business Administration (SBA) issued a proposed rule to amend its regulations to implement section 825 of the National Defense Authorization Act for Fiscal Year 2015 (2015 NDAA), 80 Fed. Reg. 24846.  Section 825 of the 2015 NDAA included language granting contracting officers the authority to award sole source contracts to Women-Owned Small Businesses (WOSBs) and Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs).  Section 825 of the 2015 NDAA also changed the deadline for the SBA to conduct a study to determine the industries in which WOSBs are underrepresented to January 2, 2016.  As a result, the SBA is proposing to amend its definitions of underrepresentation and substantial underrepresentation.  

Click here to read our analysis on the proposed rule.  We will continue to analyze the proposed rule and talk with industry and government representatives about its potential impacts. We would like to hear your views and we encourage all interested parties to submit comments (even if you agree with the proposals).  Comments are due to SBA by June 30, 2015. If you would like our assistance preparing comments, or if you would like to share your views, please contact Jon Williams at jwilliams@pilieromazza.com, or Megan Connor at mconnor@pilieromazza.com

GOVERNMENT CONTRACTS 

DoD Publishes Second Cyber Strategy Guide 

The Department of Defense (DoD) published its second cyber strategy in order to update the last strategy guide published in 2011.  The purpose of the second guide is to develop DoD’s cyber forces and to strengthen the cyber defenses and cyber deterrence posture.  The guide focuses on building cyber capabilities and organizations for the DoD’s three cyber missions: 1) to defend DoD networks, systems, and information; 2) defend the U.S. homeland and U.S. national interests against cyber attacks of significant consequence; and 3) to support operational and contingency plans.  DoD Second Cyber Strategy Guide

OMB Issues Notice Seeking Public Comment Regarding the FITARA Implementation Guidance 

The Office of Management and Budget (OMB), Office of E-Government & Information Technology (E-Gov), issued a notice seeking public comment regarding draft guidance to implement the Federal  Information Technology Acquisition Reform Act (FITARA), enacted on December 19, 2014, 80 Fed. Reg. 23303.  The FITARA  specifies requirements related to: 1) chief information officer authority enhancements; 2) enhanced transparency and improved risk management in information technology investments; 3) portfolio review; 4) expansion of training and use of information technology cadres; 5) federal data center consolidation initiative; 6) maximizing the benefit of the federal strategic sourcing initiative; and 7) government-wide software purchasing program. 

Committee for Purchase From People Who Are Blind or Severely Disabled 

The Following Notices Were Issued: 

80 Fed. Reg. 22976, April 24, 2015, to add a product (Padfolio with Pen, Department of State Logo, 8\1/2\'' x 11'') and services (Janitorial Service, USDA, Agricultural Research Service Grassland Soil and Water Research Laboratory, 808 East Blackland Road, Temple, TX; Mail Service U.S. Air Force, Dyess Air Force Base, TX Mandatory Source of Supply: Training, Rehabilitation, & Development Institute, Inc., San Antonio, TX) and delete products (Bag, Trash, Cloth; Urinal, Incontinent; Cleaning Compound; Stapler, Spring-powered, Pliers Style; Ballpoint Pen, Round, Stick Type, “Alpha Basic”) and a service (Laundry Service U.S. Naval Hospital & Naval Dental Clinic Base, Farenholt Road, Agana Heights, GU) from the Procurement List.  The additions and deletions will become effective May 25, 2015.  

80 Fed. Reg. 22977, April 24, 2015, proposing to add products (File Folder, Single Tab, 1/3 Cut: Letter, Position, Letter, Position 3, Legal, Position 1, Legal, Position 2, Legal, Position 3) and delete a service (Shelf Stocking, Custodial & Warehousing Service: Travis Air Force Base, Travis AFB, CA) from the Procurement List.  Comments on the proposed additions and deletions are due May 25, 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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