Small Business Committee Holland Knight LLP Tysons Corner

Small Business Committee Holland Knight, LLP Tysons Corner, VA September 16, 2015

Agenda 1. Guest Speakers: – – Jerome Fletcher, GSA Associate Administrator for Small Business GSA’s Office of Small Business Utilization Warren Blankenship, Deputy Director, IT Schedule 70 RFI: “Proposed Changes to Make It Easier for Suppliers to Work with the Government” 2. Legal Update: Joe Hornyak, Holland Knight 3. Coalition Acquisition Policy Update 4. Upcoming Training and Events 2

GSA Office of Small Business Utilization Jerome Fletcher, GSA Associate Administrator for Small Business

RFI: Proposed Changes to Make It Easier for Suppliers to Work with the Government Warren Blankenship, Deputy Director, IT Schedule 70

SBA Pending Regulations • September 10, 2014: Size standards for manufacturing and other employee-based size standards (including ITVAR / Footnote 18) – Comment period closed November 10, 2014 – June 4, 2015 Subcommittee on Contracting and Workforce hearing: “Sizing Up Small Business: SBA’s Failure to Implement Congressional Direction” • December 29, 2014: Revisions to Limitations on Subcontracting rule (implementing NDAA of 2013) – Comment period closed April 6, 2015 – CGP submitted Comments • February 5, 2015: Expansion of Mentor-Protégé program (implementing NDAA of 2013) – Comment period closed May 6, 2015 – CGP submitted Comments • May 1, 2015: Sole Source Contracts for Woman-Owned Small Business (implementing NDAA of 2015) – Final Rule Issued September 14, 2015 5

Sole Source Contracts for WOSBs • Authorizes sole source awards to Women-Owned Small Businesses (WOSBs) and Economically Disadvantaged WOSBs where: – (1) the firm is a responsible contractor and the contracting officer does not have a reasonable expectation that two or more WOSBs or EDWOSBs will submit offers; – (2) the anticipated award price of the contract (including options) will not exceed $6. 5 million for manufacturing or $4 million for any other contract; and – (3) the CO determines that award can be made at a fair and reasonable price. • • Limited to industries in which WOSBs are “substantially underrepresented” and EDWOSBs are “underrepresented” as determined by SBA. Creates parity among WOSB/EDWOSB and other SBA programs. Final Rule becomes effective October 14, 2015, but FAR will need to be updated. SBA deferred for future rule-making implementation of requirement for certification as WOSB or EDWOSB by a federal or state agency or national certifying entity approved by SBA (per section 825 of NDAA). 6

Kingdomware v. United States • U. S. Supreme Court to decide long-running series of bid protests by veteran-owned businesses challenging the Department of Veterans Affairs’ refusal to set aside procurements under so-called “Rule of Two. ” • The Veterans Benefits, Health Care, and Information Technology Act of 2006 states that “for purposes of meeting [VA’s veterans contracting] goals” the VA “shall” restrict competition to veteran-owned concerns where there is a reasonable expectation of offers two or more veteranowned businesses. 38 U. S. C. § 8127(d). • The U. S. Court of Federal Claims and Federal Circuit ruled that the statute does not apply where VA orders off Federal Supply Schedules. • The Federal Circuit reasoned that the Rule of Two applies only where VA not meeting its veterans contracting goals. • The Supreme Court described the issue as follows: “Whether the Federal Circuit erred in construing 38 U. S. C. § 8127(d)’s mandatory setaside restricting competition for Department of Veterans Affairs’ contracts to veteran-owned small businesses as discretionary. ” 7

Acquisition Policy Update • IT Schedule 70 – Comments submitted on Health IT and Cyber SINs – Extension issued for Making it Easier to Do Business RFI- now due Oct 9 • Commercial Supplier Agreement Deviation – Major change making commercial supplier agreements subordinate to 52. 212 -4 and any solicitation terms • Fair Pay and Safe Workplaces – Comments submitted in response to Department of Labor Guidance and FAR proposed rule – Major labor reporting requirement covering 14 Federal statutes and “equivalent” state laws • GSA Transactional Data – Coalition developing alternative to present at Fall Conference 8

Upcoming Events & Training • Webinar- Cost Build Approach with Baker Tilly – September 24 | 12: 00 pm-1: 00 pm • Excellence in Partnership Awards & Fall Training Conference – October 21 | 6: 00 pm-10: 00 pm – October 22 | 7: 30 am-6: 00 pm – Excellence in Partnership Awards • Keynote: GSA Administrator Denise Turner Roth • Silent Auction benefiting Coalition for Government Procurement Endowed Scholarship Fund with George Washington University – 2015 Fall Training Conference: Acquisition Reform: Assessing the Impact on Business Opportunities and Liabilities • • • Role of Acquisition in Cybersecurity Legislative Reform: What to Expect from the Hill Executive Agencies: Leading Acquisition Change Business Outlook: New Opportunities, New Challenges Breakout sessions: Do. D Updates, VA, DHS, Alliant, GSA and VA Schedules Modernization, GSA Acquisition Centers, Government-wide IT Acquisitions Update 9

Thank you