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Congress, Executive and Legal Developments to Consider by Government Entrepreneurs - October 2017
As part of this particularly disastrous time of hurricanes and fires, the Deputy Attorney General published a note to all 94 US Attorney Generals (USAOs) on 22 September 2017 containing guidelines for dealing with catastrophe frauds. According to the MOU, the National Center for Disaster Fraud has already been receiving several hundred grievances about catastrophe frauds.
It went on to state that catastrophe frauds "justify a co-ordinated, nation-wide response...to make sure that the U.S. Department of Justice (DOJ) fights effective and rapid deceptive behavior. This certainly does not alter the demands of suppliers who respond to emergency restoration and restoration endeavours, but rather provides an urgent reminder that suppliers should be alert in their endeavours to record and meet current demands.
The U.S. Small Business Administration (SBA) issued the SBA's Express Bridge Loan Pilot Program (Express Bridge Pilot) on October 16, 2017, and its implications for an SBA Lending Ordinance. It will support small companies in municipalities affected by a presidential catastrophe with bridge funding while these small companies seek and expect long-term funding.
In the SBA's view, the change in the credit thresholds will minimise the burdens on companies requesting credit through the Express Bridge programme and enhance the involvement of SBA Express creditors in the project. Section 809 Panel, set up by the Secretary of Department of Defence under Section 809 of the National Defence Authorization Act (NDAA) for the 2016 fiscal year to rationalise the rules on defence acquisitions, will hold a stakeholders' conference in Arlington, VA, on 2 November 2017.
Issues discussed included programme success, budget issues, rapid acquisition and the future impact of cloud computing on acquisition. USDA's Office of Inspector General (OIG) for the U.S. Department of Agriculture (USDA) issued its report on the USDA's implementations of suspend and exclude instruments. OIG's OIG audits revealed that 6 USDA agents had not put in place suspend and exclude programmes and that 12 out of 17 agents did not meet one or more of the USDA suspend and exclude programme criteria.
Assignees working with the USDA should await further communications from the USDA regarding their termination and abandonment programmes. The Employment and Training Administration published the LSAs for fiscal year 2018 on October 1, 2017. LSA is used by the Federal Government Purchasing Policy Administrator to identify set-aside, the General Service Administration Online Representations and Certifications online application system to determine whether a company is classified as an LSA group, and the SBA to select bids for small businesses in historically underutilised HUB zones.
They are used in the Women owned Small Business (WOSB) Federal Contract Program and apply to all tenders from October 1, 2017 and beyond. Those amendments concerned 8 of the 2012 NAICS 2012 code used under the WOSB programme.
The NAICS 2017 code, for example, reduces the number of permissible 6-digit NAICS WOSB code from 365 to 364. Such changes may impact WOSB entitlement for decommissioning agreements and future work. In the Senate text, it is further stated that the contract agent must "if necessary" report infringements to the suspending and exclusion officers of the DoD.
The House of Representatives adopted the FITARA Enhancement Act, H.R. 3243, on October 11, 2017, a successor draft to the 2014 Act, which mandated authorities to consolidated datacenters and enact disclosure obligations for government IT investment, with a 418 to 0 consensus. The bill prolonged the sunset commission for the DCCI until October 1, 2020 and made the IT Dashboard and PortfolioStat programmes sustainable.
The Senate published Report No. 115-165 on October 5, 2015, which recommends the adoption of p. 906, the Reducing DHS Acquisition Cost Growth Act. Senator Risch (R-ID) enacted the SBIR and STTR Oversight and Pilot Program Extension Act of 2017, p. 1961, on October 16, 2017. Supported by Senator Shaheen (D-NH), S. 1961 would change the Small Business Act to change the Small Business Innovation Research Program (SBIR) and the Small Business Technology Transfer Program (STTR) until September 30, 2018.
This bill was submitted to the Small Business and Entrepreneurship Committee, chaired by Senator Risch and with Senator Shaheen as ranked member. Outside companies participating in SBIR and STTR activities will want to be conscious of the Congress' effort to expand the programme by the end of fiscal year 18. The United States Court of Appeals for the Second Circuit ruled on October 11, 2017, in accordance with Federal Circuit case laws, that the Contract Disputes Act (CDA) "applies to leases established by agreements with government agents.
However, as the CDA granted the Bundesgerichtshof sole competence for contractual litigation with German law enforcement agents such as the USPS, the lawsuit was rejected. However, on October 4, 2017, the Accountability Office adopted a ruling making it clear that a public authority cannot dispense with an organisational interest clash (OCI) when it comes to recruiting former members of the administration.
October 8th 4, 2017, 2017 WL 4684777. Exceptions do not exist as the uneven level of information sharing by former officials falls under FAR Subsection 3.