December 12 2003 Copyright 2003 Business Research Services Inc. 202-364-6473 All rights reserved.

Features:
Web Watch
Procurement Watch
Issues
Teaming Opportunities
Recently Certified WBEs
Recently Certified 8(a)s
Recent 8(a) Contract Awards
Washington Insider
Calendar of Events
Return to Front Page

Washington Insider

The 2004 appropriations for most civilian agencies won’t be passed by the Senate before Congress returns Jan. 20.

The House approved the omnibus appropriation bill Dec. 8. The next day, Senate Democrats refused to allow the bill to pass by unanimous consent, and Senate Majority Leader Bill Frist declined to call senators back for a roll call vote.

The bill provides $328 billion in discretionary spending for agencies whose appropriations have not been approved. Democrats complained that it was bloated with special interest spending.

Most civilian agencies are operating under a continuing resolution, freezing spending at last year’s levels and blocking any new projects.

* * *

The Supreme Court ruled that a company does not have to rehire a recovering drug addict or alcoholic if the person had been fired for violating workplace rules, such as by failing a drug test.

In a 7-0 ruling Dec. 2, the court said a “no rehire policy” is a “legitimate, nondiscriminatory reason” for rejecting an ex-drug user.

The federal Americans with Disabilities Act prohibits job discrimination against people for their past abuse of drugs or alcohol, if they have undergone treatment and are currently clean. This case applies only to workers seeking to be rehired, not new hires.

The case involved a worker who was forced to resign because he failed a drug test at a Hughes Missile Systems plant in Tucson, AZ. After rehabilitation, he applied to get his job back, but was rejected.

* * *

The Department of Homeland Security has issued its first acquisition regulation, intended to standardize practices throughout its component agencies.

The interim rule, published in the Dec. 4 Federal Register, is open for public comment until Jan. 5. “This regulation realigns contracting authority within the department and provides uniform regulatory guidance for the acquisition of supplies and services required to accomplish DHS’s mission of preventing and reducing terrorist attacks as well as minimizing damage and assisting in recovery from terrorist attacks,” the notice said.

The Transportation Security Administration operates under separate contracting authority granted by Congress.

* * *

A bipartisan group of senators introduced legislation that would exempt small businesses from new rules requiring companies to expense their stock options.

The bill would also delays stock-option expensing for a small business until three years after an initial public offering. “This would allow a small business issuer’s stock to settle down from the initial volatility of the initial public offering,” the sponsors said in a statement. The exemptions apply to companies that are classified as small under Security and Exchange Commission rules.

For large companies, the bill would require expensing of only those options granted to a company’s top five executives. Sponsors said that would make it easier for companies to grant options to rank-and-file employees.

The legislation, S. 1890, is sponsored by Sens. Mike Enzi (R-WY), Harry Reid (D-NV), John Ensign (R-NV), Barbara Boxer (D-CA) and George Allen (R-VA.)

The Financial Standards Accounting Board plans to issue its stock-option rule in February.


*For more information about Set-Aside Alert, the leading newsletter
about Federal contracting for small, minority and woman-owned businesses,
contact the publisher Business Research Services in Washington DC at 800-845-8420