Weekly Update Newsletter – July 2016

SMALL BUSINESS ADMINISTRATION

Affiliation for Business Loan Programs and Surety Bond Guarantee Program
This final rule amends the rules relating towards the resolution of size eligibility according to affiliation by creating distinctive needs for small company applicants for help in the Business Loan, Disaster Loan and Certainty Bond Guarantee Program.  For reasons of the rule, the company Home Loan Programs contain the 7(a) Loan Program, the Microloan Program, the Intermediary Lending Pilot Program, and also the Development Company Loan Program.  This rule redefines and establishes separate affiliation guidance relevant simply to small company applicants during these programs, 81 Given. Reg. 41423. This rule is effective July 27, 2016.

GOVERNMENT CONTRACTS

Acquisition Threshold for Special Emergency Procurement Authority
DOD, GSA, and NASA are suggesting to amend the government Acquisition Regulation (FAR) to apply the nation’s Defense Authorization Act for Fiscal Year 2016 to improve the simplified acquisition threshold for special emergency procurement authority from $300,000 to $750,000 (inside the U . s . States) and from $a million to $1.5 million (outdoors the U . s . States), 81 Given. Reg. 39882. Comments to this proposed amendment are due by August 19, 2016.

Amendment to the Defense Federal Acquisition Regulation Supplement

DOD released your final rule amending the DFARS to delete the supplemental coverage for that definition “simplified acquisition threshold.”  This supplemental definition was incorporated in DFARS when there wasn’t any existing coverage within the FAR.  The simplified acquisition threshold for humanitarian or peacekeeping procedures continues to be put into the FAR under final rule 2015-020. There’s you don’t need to duplicate the meaning within the DFARS therefore, this rule removes the supplemental definition at DFARS part 202, 81 Given. Reg. 42556.  This rule grew to become effective on June 30, 2016.

Pilot Program on Acquisition of Military Purpose Non-developmental Items
DOD released an interim rule amending the DFARS to apply Section 892 from the National Defense Authorization Act for Fiscal Year 2016.  Section 892 removes the needs for using competitive methods as well as for honours to make to nontraditional defense companies underneath the Pilot Program on Purchase of Military Purpose Non-developmental Products.  Section 892 also boosts the threshold for utilisation of the pilot program to contracts as much as $100 million, 81 Given. Reg. 42557.  This interim rule works well June 30, 2016.  Comments around the interim rule are due by August 29, 2016.

Defense Contractors Performing Private Security Functions

DOD released your final rule amending the DFARS to consolidate all needs for companies carrying out private security functions outdoors the U . s . States relevant to DOD contracts within the DFARS making changes regarding usefulness and-level quality assurance standards, 81 Given. Reg. 42559.  This final rule grew to become effective on June 30, 2016.

Treatment of Interagency and State and Local Purchases

DOD released your final rule amending the DFARS to apply a portion of the National Defense Authorization Act for Fiscal Year 2016 that’s titled “Treatment of Interagency and Condition and native Purchases.”  This provides that contracts performed by DOD because of the change in contracts from GSA, or which DOD can serve as a product manager for items with respect to GSA, shall ‘t be susceptible to certain domestic source limitations, towards the extent that such contracts are suitable for purchasing items by other federal agencies, or condition or local government authorities, 81 Given. Reg. 42562.  This final rule grew to become effective on June 30, 2016.

Contract Financing

DOD is suggesting to amend the DFARS regarding using customary contract financing, apart from loan guarantees and advance repayments, recognized in FAR part 32, on fixed-cost contracts with a time of performance more than twelve months that satisfy the dollar thresholds established in FAR 32.104(d), 81 Given. Reg. 42607.  Comments around the suggested amendment are due by August 29, 2016.

Administrative Cost to Issue and Administer a Contract

DOD is suggesting to amend the DFARS to apply an insurance policy that addresses the government’s cost to award and administer an agreement, with regards to evaluating bids for multiple honours, 81 Given. Reg. 42608.  Comments around the suggested rule are due by August 29, 2016.

BUREAU OF INDIAN AFFAIRS

Civil Penalties Inflation Adjustments
The Bureau of Indian Matters, Interior has released an interim final rule modifying the amount of civil financial penalties found in Indian Matters rules by having an initial “catch-up” adjustment underneath the Federal Civil Penalties Inflation Adjustment Act Enhancements Act of 2015 and Office of Management and Budget guidance. The objective of these adjustments would be to keep up with the deterrent aftereffect of civil penalties and also to further the insurance policy goals from the underlying laws, 81 Given. Reg. 42478.  This interim final rule works well on August 1, 2016, and surveys are due by August 29, 2016.