LEGISLATIVE/REGULATORY UPDATES

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Presented by:Paula Coxon NAVAIR OSBP

FAR CHANGESFAR CHANGES

• Woman-Owned Small Business Program (FINAL RULE)

– Establishes WOSB/EDWOSB definitions and set-aside procedures limited by dollar value and NAICS

– Published 3/2/12 (77 FR 12913) Effective 4/2/12

– May self-represent or use one of four SBA approved 3rd party certifiers found at : http://www.sba.gov/wosb

• Socioeconomic Program Parity (FINAL RULE)

– No order of precedence among 8(a), HUBZone, SDVOSB, or WOSB Programs

– SHALL consider each of these prior to SB set-aside; SHALL consider market research & agency goal achievements

– For Simplified Acquisition Procedures under $150K, MAY consider other SB categories

– Published 3/20/12 (77 FR 12930) Effective 4/2/12

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FAR CHANGES (Cont.)FAR CHANGES (Cont.)

• Additional Requirements for Market Research (FINAL RULE)

– Requirement to perform market research before awarding an IDIQ task or delivery order for noncommercial items greater than the simplified acquisition threshold ($150K)

– May use market research performed within 18 months if information is still current, accurate and relevant

– Published 3/16/11 (76 FR 14562) Effective 4/15/11

• Justification & Approval of Sole Source 8(a) Contracts (FINAL)

– J&A Required prior to any 8(a) award over $20M at appropriate approval level in FAR 6.304

– Post within 14 days of award on FEDBIZOPPS & agency website for a minimum of 30 days

– Published & Effective 4/18/12 (77 FR 23369)

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FAR CHANGES (Cont.)FAR CHANGES (Cont.)

• Transition to System for Award Management (SAM) (FINAL)– Consolidation of 8 electronic federal procurement systems and the

Catalog of Federal Domestic Assistance www.sam.gov

– Phase I – Central Contractor Registration (CCR), Online Representations and Certifications Application (ORCA), Excluded Parties List System (EPLS)

– Published 1/3/12 (77 FR 187) Effective 2/2/12 Delayed until end of July

– Future phases will include: • Federal Business Opportunities (FBO)

• Federal Catalog of Federal Domestic Assistance (CFDA)

• Electronic Subcontracting Reporting System (eSRS)

• Federal Funding Accountability & Transparency Act (FFATA)

• Federal Sub-award Reporting System (FSRS)

• Wage Determination Online (WDOL)

• Federal Procurement Data System-Next Generation (FPDS-NG)

• Past Performance & Information Retrieval System (PPIRS)

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DFAR CHANGESDFAR CHANGES

• Accelerate Small Business Payments (FINAL RULE)

– Pay small businesses as quickly as possible after acceptance, invoice, documentation (DFARS 232.903)

– DoD will phase in implementation as payment systems are modified to accommodate accelerated payments to small businesses

– Published & Effective 11/18/11 (76 FR 71468)

– Phase –In – Class Deviation 2011-O00013 effective 6/28/11 for payments processed through the Mechanization of Contract Administration Services (MOCAS) system. MOCAS processes approximately 57 percent of the dollars paid through the Defense Finance & Accounting Services (DFAS). The upgrades to MOCAS were completed on June 1, 2011.

– Phase-In – Class Deviation 2012-O0002 effective 1/24/12 for payments processed through AVEDS/FAS/SAVES

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DFAR CHANGES (Cont.)DFAR CHANGES (Cont.)

• Extension of DoD Mentor Protégé Program (FINAL RULE)

– Program extended from 12/3/11 – 12/31/14

– Published 2/24/12 (77 FR 11367)

– Check the OSBP website for information on this program www.navair.navy.mil/osbp Jill Moore is the POC for NAVAIR

• Extension of Comprehensive Small Business Subcontracting Plans (FINAL RULE)

– Test Program extended from 12/31/11 – 12/31/14

– Developed to determine whether comprehensive subcontracting plans on a corporate or division level will reduce administrative burdens while enhancing subcontracting opportunities for small business concerns

– Published 2/24/12 (77 FR 11367)

– DoD is currently examining the merits of this program in order to determine whether to extend it past 12/31/14

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SMALL BUSINESS ADMINISTRATIONSMALL BUSINESS ADMINISTRATION

• Small Business Jobs Act: Implementation of Conforming & Technical Amendments (FINAL RULE)– Requirement to publish a list & rationale for any bundled contracts on

agency website within 30 days of data certification

– Published 10/13/11 (76 FR 63542) Effective 11/28/11

• Small Business, Small Disadvantaged Business, HUBZone, & SDVOSB Status Protest & Appeal Regulations (FINAL RULE) – Increase formal size determination time from 10 business days to 15

– Require Office of Hearings & Appeals (OHA) to issue size appeal decision within 60 calendar days of close of record

– Allow SBA to appeal NAICS code anytime before offers/bids are due

– Must stay the solicitation during NAICS code appeal

– Correct FPDS-NG to reflect final size/eligibility decisions

– Changes to NAICS code appeal procedures & other size status protest appeal rules

– Published 2/2/11 (76 FR 5680) Effective 3/4/11

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SMALL BUSINESS ADMINISTRATION (Cont.)SMALL BUSINESS ADMINISTRATION (Cont.)

• Women-Owned Small Business Federal Contract Program (INTERIM FINAL RULE)

– Align inflation adjustments between SBA regs & FAR for WOSB program set-aside thresholds (e.g. SBA regs said $5M manufacturing & $3M all other but FAR said $6.5M manufacturing & $4M all other) SBA regs to match FAR

– Published & Effective 1/12/12 (77 FR 1857)

• Small Business HUBZone Program; Government Contracting Programs (INTERIM FINAL RULE)

– Allows a declined/decertified HUBZone small business to reapply 90 calendar days after decline/decertification decision rather than waiting 1 year to reapply if it meets eligibility requirements at time of application

– Published & Effective 7/21/11 (76 FR 43571)

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BACK-UPBACK-UP

• Interim Versus Final Rule– Interim rule is a response to an emergency

situation

– Interim rule is usually followed by a rule document which confirms that the interim rule is final and may include further amendments

– Comments may be requested and addressed when the final rule is adopted

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