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LEGISLATIVE/REGULATORY UPDATES

LEGISLATIVE/REGULATORY UPDATES. Presented by: Paula Coxon NAVAIR OSBP . FAR 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

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LEGISLATIVE/REGULATORY UPDATES

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  1. LEGISLATIVE/REGULATORY UPDATES Presented by: Paula Coxon NAVAIR OSBP
  2. FAR 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
  3. 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)
  4. 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)
  5. DFAR 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
  6. 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
  7. SMALL 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
  8. 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)
  9. BACK-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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