Government Contracts MonitorContracting Rules and RegulationsShort Take: Supplier-Enabled InnovationOctober 12, 2015 Supplier-Enabled Innovation (SEI) recently has been touted in the private sector as having the potential to revolutionize procurement. But what is it? SEI is a concept: that a procurement process can be used to dramatically increase the amount of research and development work being done on behalf of a procuring entity – by tapping into the capabilities and innovations of the entity’s… Short Take: Counterfeit Electronic Parts – the Saga ContinuesSeptember 21, 2015 DoD is proposing to revise the DFARS rule entitled “Detection and Avoidance of Counterfeit Electronic Parts”. See Proposal here. The rule proposes amendments to DFARS 246.870 and a new clause at DFARS 252.246-70XX, Sources of Electronic Parts, to require that DoD and its contractors and subcontractors, except in limited circumstances, acquire electronic parts from trusted suppliers in order to… Sick of Requirements? Get Ready for “Paid Sick Leave” for Federal ContractorsSeptember 14, 2015 President Obama used Labor Day to announce a new Executive Order mandating up to seven days a year paid sick leave for employees working on covered federal contracts, awarded on or after January 1, 2017. This action continues the President use of Executive Orders to further his political agenda and impose new burdens uniquely on government contractors and subcontractors that he cannot get… Short Take: SBA Authorizes WOSB Sole-Source AwardsSeptember 14, 2015 The Small Business Administration (SBA) has issued its eagerly-awaited Final Rule implementing the new sole source award authority for Women-Owned Small Businesses (WOSBs). The Final Rule essentially adopts and follows the Proposed Rule, previously discussed here. Most importantly, the Final Rule authorizes sole source awards in industries identified by SBA in which WOSBs are underrepresented or… Short Take – Contractor Groups Cry “Uncle!”September 8, 2015 If you’re feeling overwhelmed by the Obama Administration’s recent string of Executive Orders imposing more and more requirements on you as a government contractor, you’re not alone. Last month, a group of prominent contractor organizations sent a letter to senior White House advisors asking for relief from the seemingly incessant flow of federal contractor-focused executive actions. Citing… Mentor/Protégé Joint Venture Agreements – The Devil Is in the DetailsAugust 31, 2015 Over the past year, the Small Business Administration (SBA) has begun to require a greater deal of specificity in proposed Joint Venture Agreements (JVAs) between Mentors and their Protégés, and in at least two instances both the cognizant SBA Area Offices and SBA’s Office of Hearings & Appeals (OHA) have rejected such Agreements and found the respective joint ventures ineligible for the… Sharpen Your Pencils: DoD Drives Down Prices on GSA Schedule BuysAugust 24, 2015 Claire M. Grady, Director of Defense Procurement and Acquisition Policy, recently issued a Memorandum encouraging the proper use of General Services Administration (GSA) Federal Supply Schedule contracts and offering “focus points and policy clarifications” to Department of Defense (DoD) activities attempting to achieve that goal in the waning months of FY2015. As the Memorandum notes,… Using the Restroom at Work: It’s More than Just a Bathroom BreakJuly 27, 2015 Caitlyn Jenner, LaVerne Cox (Orange is the New Black) and the hit Amazon series “Transparent” have vaulted the topic of gender identity into virtually every home, workplace and Facebook feed in the United States. Perhaps less well-known is the “Implementation of Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and… Short Take: Treasury Increases Prompt Payment & Contract Disputes Interest RatesJuly 27, 2015 The Treasury Department has announced that the Prompt Payment Act interest rate is being increased to 2 3/8 % per annum for the period of July 1, 2015 through December 31, 2015. Federal Register Notice. This interest rate is used to calculate the interest penalty paid by the Government when it fails to timely pay contractors for goods and services, as well as interest due under the Contract… Safety & Health Issues Threatening Your Eligibility for Award? DOL Guidance Addresses MitigationJuly 20, 2015 Last July, Executive Order 13673, “Fair Play and Safe Workplaces” required contractors to disclose certain safety violations and directed procuring agencies to consider those violations as part of the determination of whether a contractor has a satisfactory record of integrity and business ethics. It also made clear that, while each contractor’s disclosed violations are assessed on a case?by?case… Get Ready Women -- WOSB Sole-Source Awards Get CloserJune 8, 2015 As previously discussed here, the National Defense Authorization Act for Fiscal Year 2015 (the Act), made two important changes for Women-Owned Small Businesses (WOSBs). First, the Act authorized certain sole source awards to WOSBs, and second, the Act deleted the prior authorization for WOSBs to self-certify their status and eligibility for award. The Small Business Administration (SBA) has now… Short Take: Employee Labor Rights Must Be PostedMay 22, 2015 In an opinion issued May 7, 2015 in Nat'l Ass'n of Mfrs. v. Perez, D.D.C., No. 1:13-cv-01998, the District Court for District of Columbia rejected various challenges to the Department of Labor (DOL) regulation requiring nearly all federal contracts to post workplace notices informing their employees of their rights under the National Labor Relations Act (NLRA)(the "Posting… |
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