FedGovContracts.com

Panoptic Enterprises’

FEDERAL CONTRACTS PERSPECTIVE

Federal Acquisition Developments, Guidance, and Opinions


November 2011
Vol. XII, No. 11

CONTENTS


SBA Proposes Rules Implementing Small Business Jobs Act
FTR Amended to Address TDY Lodging Expenses
SBA Proposes Increasing Small Business Size Standards
Proposed FAR Rule Would Require Privacy Training



SBA Proposes Rules Implementing
Small Business Jobs Act

The Small Business Administration (SBA) has published two proposed rules to implement provisions of the Small Business Jobs Act of 2010 (Public Law 111-240). The two proposed rules would amend SBA’s regulations in Title 13 of the Code of Federal Regulations (CFR) to address (1) small business subcontracting, and (2) the integrity of small business size and status representations.



FTR Amended to Address TDY Lodging Expenses

The General Services Administration (GSA) is amending the Federal Travel Regulation (FTR) regarding reimbursement of lodging per diem expenses while on temporary duty travel (TDY). The final rule specifically states GSA’s policy in regards to reimbursement for personally-owned residence and personally-owned recreational vehicle expenses while on TDY.

GSA is amending FTR 301-11.12, How does the type of lodging I select affect my reimbursement?, which contains language regarding reimbursement to travelers based upon the type of lodging they select while on TDY. This amendment expressly states that agencies are not authorized to reimburse the lodging portion of per diem to travelers who purchase property, including recreational vehicles and campers, for lodging purposes in conjunction with TDY, and that agencies are not authorized to reimburse the lodging portion of per diem to those who lodge at their personal residences while on TDY (paragraphs (b)(1) and (b)(2)):

     (b)Your agency will not reimburse you for:
          (1) Personally-owned residence. You will not be reimbursed for any lodging expenses for staying at your personally-owned residence or for any real estate expenses associated with the purchase or sale of a personal residence at the TDY location...
          (2) Personally-owned recreational vehicle (trailer/camper). You will not be reimbursed any expenses associated with the purchase, sale or payment of a recreational vehicle or camper at the TDY location.


SBA Proposes Increasing Small Business Size Standards

The Small Business Administration (SBA) is proposing to increase the small business size standards for 15 industries in North American Industry Classification System (NAICS) Sector 51, Information, and 37 industries in NAICS Sector 56, Administrative and Support, Waste Management and Remediation Services.

The following are the industries, their current small business size standards, and their proposed small business size standards:

NAICS Code Industry Title Current Size Standard
($ million)
Proposed Size Standard
($ million)
Sector 51
511210 Software Publishers $25.0 $35.5
512110 Motion Picture and Video Production $29.5 $30.0
512131 Motion Picture Theaters (except Drive-Ins) $7.0 $35.5
512199 Other Motion Picture and Video Industries $7.0 $19.0
512290 Other Sound Recording Industries $7.0 $10.0
515111 Radio Networks $7.0 $30.0
515112 Radio Stations $7.0 $35.5
515120 Television Broadcasting $14.0 $35.5
515210 Cable and Other Subscription Programming $15.0 $35.5
517410 Satellite Telecommunications $15.0 $30.0
517919 All Other Telecommunications $25.0 $30.0
518210 Data Processing, Hosting, and Related Services $25.0 $30.0
519110 News Syndicates $7.0 $25.5
519120 Libraries and Archives $7.0 $14.0
519190 All Other Information Services $7.0 $25.5
                    
Sector 56
561311 Employment Placement Agencies $7.0 $25.5
561312 Executive Search Services $7.0 $25.5
561320 Temporary Help Services $13.5 $25.5
561330 Professional Employer Organizations $13.5 $25.5
561410 Document Preparation Services $7.0 $14.0
561421 Telephone Answering Services $7.0 $14.0
561422 Telemarketing Bureaus and Other Contact Centers $7.0 $14.0
561431 Private Mail Centers $7.0 $14.0
561439 Other Business Service Centers (including Copy Shops) $7.0 $14.0
561440 Collection Agencies $7.0 $14.0
561450 Credit Bureaus $7.0 $14.0
561491 Repossession Services $7.0 $14.0
561492 Court Reporting and Stenotype Services $7.0 $14.0
561499 All Other Business Support Services $7.0 $14.0
561510 Travel Agencies $3.5 $19.0
561520 Tour Operators $7.0 $19.0
561591 Convention and Visitors Bureaus $7.0 $19.0
561599 All Other Travel Arrangement and Reservation Services $7.0 $19.0
561611 Investigation Services $12.5 $19.0
561612 Security Guards and Patrol Services $18.5 $19.0
561613 Armored Car Services $12.5 $19.0
561621 Security Systems Services (except Locksmiths) $12.5 $19.0
561622 Locksmiths $7.0 $19.0
561710 Exterminating and Pest Control Services $7.0 $10.0
561740 Carpet and Upholstery Cleaning Services $4.5 $5.0
561910 Packaging and Labeling Services $7.0 $10.0
561920 Convention and Trade Show Organizers $7.0 $10.0
561990 All Other Support Services $7.0 $10.0
562111 Solid Waste Collection $12.5 $35.5
562112 Hazardous Waste Collection $12.5 $35.5
562119 Other Waste Collection $12.5 $35.5
562211 Hazardous Waste Treatment and Disposal $12.5 $35.5
562212 Solid Waste Landfill $12.5 $35.5
562213 Solid Waste Combustors and Incinerators $12.5 $35.5
562219 Other Nonhazardous Waste Treatment and Disposal $12.5 $35.5
562910 Remediation Services $14.0 $19.0
562920 Materials Recovery Facilities $12.5 $19.0

Comments on the proposed changes to Sector 51 are to be submitted no later than December 12, 2011, identified as “RIN: 3245-AF26,” by either of the following methods: (1) the Federal eRulemaking Portal: http://www.regulations.gov; or (2) mail/hand-delivery/courier to: Khem R. Sharma, PhD, Chief, Size Standards Division, 409 Third Street, SW, Mail Code 6530, Washington, DC 20416.

Comments on the proposed changes to Sector 56 are to be submitted no later than December 12, 2011, identified as “RIN 3245-AF27,” by either of the methods for submitting comments on the proposed changes to Sector 51.



Proposed FAR Rule Would Require Privacy Training

A new FAR Subpart 24.3, Privacy Training, is being proposed, which would require that contractors: (1) identify employees who require access to a government system of records, handle personally identifiable information, or design, develop, maintain, or operate a system of records on behalf of the federal government; and (2) provide privacy training to those employees upon contract award and at least annually thereafter (paragraph (a) of proposed FAR 24.301, Privacy Training).

FAR 24.301(b) would require agencies to “provide contractors with the privacy training materials (in a format deemed appropriate) necessary to satisfy the requirement described in paragraph (a) of this section unless, on an exception basis, the contracting officer authorizes a contractor to provide its own privacy training materials.”

FAR 24.301(c) would require that such privacy training address, at a minimum:

  1. The protection of privacy, in accordance with the Privacy Act (5 U.S.C. 552a);

  2. The handling and safeguarding of personally identifiable information;

  3. The authorized and official use of a government system of records;

  4. Restrictions on the use of personally-owned equipment to process, access, or store personally identifiable information;

  5. The prohibition against access by unauthorized users, and unauthorized use by authorized users, of personally identifiable information or systems of records on behalf of the federal government;

  6. Breach notification procedures (i.e., procedures for notifying appropriate individuals when privacy information is lost, stolen, or compromised) to minimize risk and to ensure prompt and appropriate actions are taken should a breach occur; and

  7. Any agency-specific privacy training requirements.

An accompanying clause, FAR 52.224-XX, Privacy Training, would be required in solicitations and contracts where contractor employees will have access to a government system of records, handle personally identifiable information, or design, develop, maintain, or operate a system of records. The clause would be required to be included in all subcontracts when subcontractor employees will have access to a government system of records, handle personally identifiable information, or design, develop, maintain, or operate a system of records on behalf of the government.

Finally, there would be two alternative clauses:

Comments on this proposed rule must be submitted no later than December 13, 2011, identified as “FAR Case 2010-013,” by any of the following methods: (1) the Federal eRulemaking Portal: http://www.regulations.gov; (2) fax: 202-501-4067; or (3) mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street, NE, 7th Floor, Washington, DC 20417.



Copyright 2011 by Panoptic Enterprises. All Rights Reserved.

Return to the Newsletters Library.

Return to the Main Page.