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

Agenda Guest Speakers: Legal Update: Joe Hornyak, Holland and Knight 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” Legal Update: Joe Hornyak, Holland and Knight Coalition Acquisition Policy Update Upcoming Training and Events

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 May 1, 2015: Sole Source Contracts for Woman-Owned Small Business (implementing NDAA of 2015) Final Rule Issued September 14, 2015

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).

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 veteran- owned 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 set-aside restricting competition for Department of Veterans Affairs’ contracts to veteran-owned small businesses as discretionary.”

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

Upcoming Events & Training Webinar- Cost Build Approach with Baker Tilly September 24 | 12:00pm-1:00pm Excellence in Partnership Awards & Fall Training Conference October 21 | 6:00pm-10:00pm October 22 | 7:30am-6:00pm 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: DoD Updates, VA, DHS, Alliant, GSA and VA Schedules Modernization, GSA Acquisition Centers, Government-wide IT Acquisitions Update

Thank you