Weekly Update Newsletter - October 2015 #3

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GOVERNMENT CONTRACTS

Evaluating Reasonableness of Price for Commercial Items

The Department of Defense (DOD) issued a proposed rule on August 3, 2015 to amend the Defense Federal Acquisition Regulation Supplement, to implement Section 831 of the 2013 National Defense Authorization Act, which requires the issuance of guidance on the use of the authority to require the submission of other than cost or pricing data, 80 Fed. Reg. 61333.  The comment period on the proposed rule was reopened, and the deadline for submitting comments was extended to November 13, 2015.

Federal Acquisition Regulation: Revision to Standard Forms for Bonds

DOD, GSA, and NASA have proposed a rule to revise the standard forms prescribed by the Federal Acquisition Regulation for contracts involving bonds and other financial protections.  The revisions are aimed at clarifying liability limitations and expanding the options for organization types, 80 Fed. Reg. 63485.  Comments are due by December 21, 2015.

Network Penetration Reporting and Contracting for Cloud Services

DOD issued an interim rule on August 26, 2015, amending the Defense Federal Acquisition Regulation Supplement, to implement a section of the National Defense Authorization Act for Fiscal Year 2013 and a section of the National Defense Authorization Act for Fiscal Year 2015, both of which require contractor reporting on network penetrations, 80 Fed. Reg. 63928.  The deadline for submitting comments was extended to November 20, 2015.

SMALL BUSINESS ADMINISTRATION

Immediate, Expedited, and Private Disaster Assistance Loan Programs

The SBA is seeking comments on its Advance Notice of Proposed Rulemaking (ANPRM) regarding the Immediate Disaster Assistance Program (IDAP), the Expedited Disaster Assistance Program (EDAP), and the Private Disaster Assistance Program (PDAP).  Specifically, the SBA is seeking comments on the development of proposed regulations for PDAP and EDAP and potential revisions to the existing regulations for IDAP. The purpose of this ANPRM is to request feedback from potential participants, and the public, in order to implement these programs in a way that will encourage and enable private sector lenders to participate with SBA to fund loans to disaster survivors, 80 Fed. Reg. 63715.  Comments are due by December 21, 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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