Federal Allies News October 2012: Legislation Supplement

October 1, 2012

Compiled by Ralph E. Winnie, Jr., Chairman, Federal Allies Institute Government Relations Committee.  This report augments coverage of the following bills found in the October 2012 edition of Federal Allies News.

H.R. 6078: Small Business Contracting Opportunities Expansion Act of 2012 112th Congress, 2011–2012

Goal: To amend the Small Business Act to provide for higher goals for procurement contracts awarded to small business concerns, and for other purposes.

Sponsor: Rep. Gary Peters [D-MI9]

Latest Status: Referred to Committee June 29th

Prognosis: This bill has a 1% chance of being enacted. The following factors were considered: -The sponsor is a member of the minority party. (-2%) – 3-5 cosponsors serve on a committee to which the bill has been referred. (+2%) – Just 4% of all House bills in 2009–2010 were enacted.

No official summary has been released. Below please find an outline of the act:

An act designed to establish Government-wide goals for procurement contracts awarded to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women in accordance with the following:

(A) The Government-wide goal for participation by small business concerns shall be established at not less than 26 percent of the total value of all prime contract awards for each fiscal year and 40 percent of the total value of all subcontract awards for each fiscal year.

(B) The Government-wide goal for participation by small business concerns owned and controlled by service-disabled veterans shall be established at not less than 3 percent of the total value of all prime contract and at not less than 3 percent of the total value of all subcontract awards for each fiscal year.

(C) The Government-wide goal for participation by qualified HUBZone small business concerns shall be established at not less than 3 percent of the total value of all prime contract and at not less than 3 percent of the total value of all subcontract awards for each fiscal year.

(D) The Government-wide goal for participation by small business concerns owned and controlled by socially and economically disadvantaged individuals shall be established at not less than 6 percent of the total value of all prime contract and at not less than 6 percent of the total value of all subcontract awards for each fiscal year.

(E) The Government-wide goal for participation by small business concerns owned and controlled by women shall be established at not less than 5 percent of the total value of all prime contract and at not less than 5 percent of the total value of all subcontract awards for each fiscal year.


H.R. 5829: Small Business Fairness Act of 2012
112th Congress, 2011–2012

Goal: To amend the Small Business Act to permit agencies to count certain contracts toward contracting goals.

Sponsor: Rep. Cynthia Lummis [R-WY0]

Status: Referred to Committee May 18, 2012 (This bill was assigned to a congressional committee on May 18, 2012, which will consider it before possibly sending it on to the House or Senate as a whole.)

Prognosis: This bill has a 2% chance of being enacted. The following factors were considered: – The sponsor is a member of the majority party. (+1%) – Just 4% of all House bills in 2009–2010 were enacted.

Official Summary: This summary was written by the Congressional Research Service, a nonpartisan arm of the Library of Congress.

5/18/2012–Introduced. Small Business Fairness Act of 2012 – Amends the Small Business Act to permit a contract between a federal agency and a small business teaming arrangement entity to be deemed awarded for purposes of the small business procurement and services contracting goals established by the head of that agency if the obligations of such entity are performed by a qualified HUBZone (historically underutilized business zone) small business or a small business owned and controlled by service-disabled veterans, socially and economically disadvantaged individuals, or women.

Defines “teaming arrangement entity” as a prime contractor under a contractor team arrangement as defined under specified provisions of the Federal Acquisition Regulation, as in effect on October 1, 2009


S. 2172: Fairness in Women-Owned Small Business Contracting Act of 2012
112th Congress, 2011–2012

Goal: A bill to remove the limit on the anticipated award price for contracts awarded under the procurement program for women-owned small business concerns, and for other purposes.

Sponsor: Sen. Olympia Snowe [R-ME]

Status: Referred to Committee March 7, 2012 (This bill was assigned to a congressional committee on March 7, 2012, which will consider it before possibly sending it on to the House or Senate as a whole.)

Prognosis: This bill has a 1% chance of being enacted. The following factors were considered: – This bill was a re-introduction of S. 3399 (111th) from the previous session of Congress. (-2%) – The sponsor is a member of the minority party. (-2%) – 3-5 cosponsors serve on a committee to which the bill has been referred. (+2%) – There is at least one cosponsor from the majority party and one cosponsor outside of the majority party. (+2%) – A cosponsor is the chairman of a committee to which the bill has been referred. (+7%) – Just 3% of all Senate bills in 2009–2010 were enacted.

Official Summary: This summary was written by the Congressional Research Service, a nonpartisan arm of the Library of Congress.

3/7/2012–Introduced. Fairness in Women-Owned Small Business Contracting Act of 2012 – Amends the Small Business Act with respect to the procurement program for women-owned small businesses (providing a federal procurement contracting preference to such businesses) to: (1) remove the requirement that the woman or women owning such business be economically disadvantaged, (2) remove contract award price limits, and (3) allow a contracting officer to award a sole source contract to such a business under the same conditions as such a contract may be awarded to a qualified HUBZone (historically underutilized business zone) small business.

Directs the Administrator of the Small Business Administration (SBA) to: (1) periodically conduct a study to identify any U.S. industry in which women are underrepresented; and (2) every five years, report study results to the congressional small business committees.


S. 2198: Commonsense Contractor Compensation Act of 2012
112th Congress, 2011–2012

Goal: A bill to implement common sense controls on the taxpayer-funded salaries of government contractors by limiting reimbursement for excessive compensation equal to the pay of the President of the United States.

Sponsor: Sen. Barbara Boxer [D-CA]

Status: Referred to Committee, March 15, 2012 (This bill was assigned to a congressional committee on March 15, 2012, which will consider it before possibly sending it on to the House or Senate as a whole.)

Prognosis: Just 3% of all Senate bills in 2009–2010 were enacted.

Official Summary: This summary was written by the Congressional Research Service, a nonpartisan arm of the Library of Congress.

3/15/2012–Introduced. Commonsense Contractor Compensation Act of 2012 – Limits the amount of compensation payable to employees of government contractors for a fiscal year to the annual amount paid to the President of the United States.

Multiple sources were used in the compilation of this report.

www.federalallies.org

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Federal Allies News October 2012

October 1, 2012

Feedback from Members

The Federal Allies Network conversation remains very active. Among the subjects currently discussed: more small business opportunities, proposal writing, teaming, less regulations in the federal pipeline, access to capital, back office operations, providing unique security solutions for this nation including mobile, social and cloud, and establishing FAI Chapters.  Inherently governmental—is it affordable, sustainable and actually the government’s job?  More topics include strategic sourcing, expanding the federal debt limit later this year in contrast to Simpson-Bowles and, finally, what will 2013 look like?

Annual FAI Membership Survey

More in-depth feedback will be learned with the issuance of the FAI Annual Membership Survey in mid-November following the presidential election. It is important that all members complete the survey because all FAI programs and activities are based on your feedback. This will include business development, federal procurement training, Federal Allies Network, and policy programs and actions to occur in Washington, DC and in your home town. And if you prefer not to wait until November, please send an email right now to Feedback@FederalAllies.org.

Mentor-Protégé Seminar

FAI will convene a seminar in early December to review the 12 Federal Mentor-Protégé programs and explain their value. This will be a great opportunity to figure out if Mentor-Protégé is for you. And barring the distractions of sequestration, fiscal and regulatory cliffs, and the Mayan Calendar, we hope you will participate and prosper from this FAI seminar planned for Metropolitan Washington, D.C.

Board of Directors Election

Board of Directors nominations are being sought to expand the board. These new terms will begin January 1, 2013. More information is available at FederalAllies.org.

Ulysses S. Grant and Dwight D. Eisenhower

The Dwight D. Eisenhower Memorial is being planned down the road from the Ulysses S. Grant Memorial in Washington, D.C. Just as the presidency of General Grant experienced a favorable resurgence in the eyes of historians decades later, a similar resurgence is occurring for Ike’s presidency. The last President to be born in the 19th Century and the first to launch rockets into space and to use satellite intelligence, Ike was born in former Congressman Sam Rayburn’s district in Texas. On behalf of Federal Allies, I had the opportunity September 18, 2012 to meet with Brig. Gen. Carl W. Reddel, USAF (Ret.), Executive Director of the Dwight D. Eisenhower Memorial Commission, and September 22 with David and Julie Eisenhower.  Federal Contractors should read or watch on YouTube Ike’s “Military-Industrial Complex” speech from January 17, 1961.

Ike also championed the Interstate Highway System, a huge infrastructure program that led to tens of thousands of small business jobs. In comparison, the $787 billion economic stimulus TARP funds intended for infrastructure work didn’t fare so well, partly due to fungible funds where many state constitutions enabled the funds to be siphoned off into a wide variety of unrelated and underfunded state accounts.

At future FAI Washington Days Conferences entrepreneurs will march by both the Eisenhower and Grant memorials on their way to Capitol Hill and to the Sam Rayburn House Office Building.

David T. Boddie

Executive Director, Federal Allies Institute