Transcript Overview of New Rules

Overview of New Rules
Keith Waye
Government Contracting
Small Business Administration
Self Representation for SDB’s
• Effective Dec 13 2010
• Amends FAR To be consistent with SBA
regulations
• Allows subcontractors to provide written
statements to prime contractors representing
in good faith their status as an SDB
Text Messaging While Driving
• Effective Aug 4 2011
• New clauses added to contracts to encourage
contractors policies to ban texting while
driving
Pass-Through Charges
• Effective Jan 12, 2011
• Minimizes excessive pass-through charges by
contractors from subcontractors or from tiers
of subcontractors
Report Biobased Products
• Proposed Rule
• Requires contractors to report the biobased
products purchased under service and
construction contracts
Sole source 8(a) Contracts
• Interim Rule – Effective March 2011
• J&A is obtained and approved prior to award
of 8(a) Sole Source contract over $20M
Repeal of SB Comp Dem Program
• Final Rule effective Jan 31, 2011
• Repeals the Small Business Competitiveness
Demonstration Program
FSS & Multiple award contracts
• Effective May 2011
• Orders under FSS and other multiple award
contracts need fair opportunity
• Provide notice in FBO of certain orders placed
under multiple award contracts
Protests against task orders
• Effective Date July 2011
• Extends the sunset date for protests against
the award of task and delivery orders from
May 2011 to Sep 30 2016
• Only effects DOD, NASA and the Coast Guard
• Contractors can no longer protest task orders
issued by other agencies
Aldevra decision
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GAO Decision – Oct 11, 2011
• Protest on whether VA is required to conduct
market research to determine if the
procurements should be set-aside for SDVOSB
concerns before using FSS.
Size Standards
• Comment period open until Dec 12, 2011
• Proposed size standard in 15 industries in
Sector 51 “Information”
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Publishing Industries
Motion Picture and Sound Recording Industries
Broadcasting (Except Internet)
Telecommunications
Data Processing, Hosting and Related Services
Other Information Services
Size Standards
• Comment period open until Dec 12, 2011
• Proposed size standard in 37 industries in
Sector 56 “Administrative and Support, Waste
Management and Remediation Services”
• Can view proposed rule on Federal Register
Presumption of Loss
• Comment period ends Nov 7 2011
• SBA is proposing to amend its program
regulations to implement statutory provisions
establishing that there is a presumption of
loss equal to the value of the contract or other
instrument when a concern willfully seeks and
receives an award by misrepresentation.
Presumption of Loss (Cont)
• SBA is proposing to amend its regulations to
implement statutory provisions that provide
that concerns that fail to update their size or
status in the Online Representations and
Certifications Application (ORCA) database (or
any successor thereto) at least annually shall
no longer be identified in the database as
small or some other socioeconomic status,
until the representation is updated.
Presumption of Loss (cont)
• an authorized official must sign in connection
with a size or status certification or
representation for a contract or other
instrument.
• clarify when size is determined for purposes of
entry into the 8(a) Business Development and
HUBZone programs.
Nondisplacement of Qualified Workers
Under Service Contracts.
• Final Rule – Implementation date pending
• when a service contract expires and a followon contract is awarded for the same or similar
services at the same location, a successor
needs to give the predecessor's service
employees preference in hiring.
Subcontracting
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Proposed Rule – Comments until Dec 5, 2011
A prime contractor must notify the contracting officer in writing whenever the prime
contractor does not utilize a subcontractor used in preparing its bid or proposal
during contract performance.
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Requires a prime contractor to notify a contracting officer in writing whenever the
prime contractor reduces payments to a subcontractor or when payments to a
subcontractor are 90 days or more past due.
Clarifies that the contracting officer is responsible for monitoring and evaluating small
business subcontracting plan performance
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