Welcome to Pillsbury’s Regulatory Playbook, where you’ll find news and insights on the regulatory trends that are driving markets and shaping businesses. Here, Pillsbury’s market-leading regulatory group illuminates critical developments at the intersection of law and policy. If you need to know what’s happening, why it’s happening and how to respond, consult the Playbook.
Civilian Board of Contract Appeals Releases 2019 Annual Report
Earlier this week, the Civilian Board of Contract Appeals (CBCA) released its Fiscal Year (FY) 2019 report. The CBCA docketed 418 new matters in FY 2019, which represents a modest increase from the 409 docketed in FY 2018. Prior to FY 2018, the CBCA had experienced docket decreases for each of the previous three years. For only the second time since FY 2014, however, the number of new cases docketed during the year exceeded the number of appeals the CBCA resolved. This latter statistic indicates that matters may proceed more slowly during 2020.
Spending Deal Provides Long-Term Extension for Biodiesel Tax Credit
On Dec. 20, 2019, President Trump signed into law a new spending deal that includes an historic five-year extension of the biodiesel blenders tax credit. The deal reinstates the blenders tax credit for biodiesel and renewable diesel retroactively from its expiration on Jan. 1, 2018, through Dec. 31, 2022. The legislation also includes a “special rule” that directs the Treasury Department to develop a one-time claims process to speed payment of the credit for years 2018 and 2019, when it lapsed.
Environmental and Regulatory Highlights of the Fall 2019 Unified Agenda of Regulatory Actions
In late December, the Office of Management and Budget (OMB) released the “Fall 2019 Unified Agenda of Regulatory Actions” just a few days before the Calendar turned to the year 2020. (It should be noted that the Spring Agenda was not released until June 24, 2019.) Individual agency agendas were published in the Federal Register by several agencies and executive departments on December 26, 2019. The entire agenda, which is a survey of all current and projected rule-making actions that federal agencies and departments are planning over the next 12 months, is available at such government websites as regulations.gov. The Agenda provides valuable insights into the actions these agencies believe to be most important. This survey will largely concentrate on environmental regulatory developments, although other matters are worth noting.
SBA Proposes Far-Reaching Rule to Revise and Clarify Many of Its Small Business Regulations
On November 8, 2019, the U.S. Small Business Administration (SBA) issued an extensive proposed rule that would make numerous revisions to its small business regulations, including the Mentor Protégé Programs, the current limits on the use of joint ventures, and the size status certification rules for orders issued under multiple award contracts. (See 84 Fed. Reg. 60846-60881.) This proposed rule is a direct response to President Trump’s January 30, 2017 Executive Order (No. 13771) designed to reduce unnecessary and burdensome regulations and to control costs associated with regulations. The SBA’s review of its regulations led to dozens of proposed regulation changes, the most significant of which are described below.
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