Government Contracts MonitorContracting Rules and RegulationsShort Takes: DOD Schedules Second Public Meeting on Counterfeit Electronic PartsMarch 6, 2014 As previously reported here, DOD published a Proposed Rule on May 13, 2013 on “Detection and Avoidance of Counterfeit Parts,” partially implementing Section 818 of the National Defense Authorization Act for Fiscal Year 2012. DOD subsequently held a public meeting on June 28, 2013, to discuss the proposed rule, and is preparing to publish a final rule. Meanwhile, DOD is now considering… Final Report on Improving Cybersecurity through AcquisitionFebruary 4, 2014 The Department of Defense (DOD) and the General Services Administration (GSA) Joint Working Group on Improving Cybersecurity and Resilience through Acquisition recently issued the much-anticipated final report to the President. This report fulfills the requirements of Section 8(e) of Executive Order 13636 (previously discussed here), which sought recommendations from DOD and GSA on “the… NLRB Posting Rule Is Dead, But Federal Contractors Still Have A FAR Obligation To PostJanuary 17, 2014 On January 6, 2014, the National Labor Relations Board (“NLRB”) announced that it “has decided not to seek Supreme Court review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most private sector employers to post a notice of employee rights in the workplace.” The NLRB’s decision leaves intact the appellate rulings in … Make Sure You Know Exactly When Your Quotation is Due!January 16, 2014 A recent GAO decision reminds us how important it is for contractors to know exactly when their offers are due, and to err on the side of caution if there is any doubt. In International Code Council, B-409146 (Comp. Gen. Jan. 8, 2014), the Department of Housing and Urban Development (HUD) issued a request for quotations with a due date of July 23, 2013 at 3:00 p.m. Then on July 16,… Timeliness of Protests: Timely For Filing v. Timely for a CICA StayDecember 2, 2013 In a recent bid protest decision, the Court of Federal Claims provided a useful reminder regarding the difference between the deadline for filing a protest and the deadline for filing a protest that entitles a protester to a stay of the award under the Competition in Contracting Act (“CICA”). The Court also provided a lesson on how to count the “days” that mark these deadlines. Dyncorp… Short TakesDecember 2, 2013 Newly-issued Federal Acquisition Circular (FAC) 2005-71, 78 Fed. Reg. 70476 (Nov. 25, 2013) amends the Federal Acquisition Regulation (FAR) to add a new clause (FAR 52.232-40), that requires prime contractors receiving accelerated payments from the Government to make accelerated payments to their small business subcontractors to the maximum extent possible and prior to when such payment otherwise… SBA’s OHA Reaffirms that Prior Favorable Size Determinations Are Not Binding in Subsequent Size Protests.November 19, 2013 In a recent size appeal SBA’s Office of Hearings and Appeals (“OHA”) reaffirmed that prior favorable size determinations are not binding on either an Area Office or OHA in a subsequent case, and each size protest must be decided based upon the facts and circumstances of the particular protest. Hopefully, this ruling will put to bed the continuing notion of some contractors that they no longer… How Can Labor Rates From The Washington DC Area Be The “Prevailing Wage” For Davis Bacon Wage Determinations Covering Newport News, Virginia?November 12, 2013 The answer: because the Wage and Hour Division says so. In what could be construed as a deliberate attempt to over-inflate wage rates for Davis Bacon Act (“DBA”) wage determinations, the Department of Labor’s Administrative Review Board (“ARB”) – in Coalition for Chesapeake Housing Development, ARB No. 12-010 (Admin. Rev. Bd. Sept. 25, 2013) - recently approved the use of “super groups” of… NASA Releases a Proposal Adequacy Checklist to Assist Contractors in Preparing Cost or Pricing Data SubmissionsNovember 5, 2013 On October 29, 2013, the National Aeronautic and Space Administration (NASA) issued a proposed rule incorporating a newly created “Proposal Adequacy Checklist” into the NASA FAR supplement (NFS). NASA intends for the rule to ensure that offerors submit thorough, accurate and complete proposals by self-validating the adequacy of those proposals and improve the quality of initial submissions. The… Interim Rule Allows Recovery of Legal Fees Related to Whistleblower Suits (If You Win)October 17, 2013 A new interim rule amends the FAR cost principles to implement a section of the National Defense Authorization Act for Fiscal Year 2013 (“NDAA FY13”) addressing the allowability of legal costs incurred in connection with legal proceedings based on whistleblower complaints. More particularly, the rule revises the cost principle at FAR 31.205-47 (Costs related to legal and other… Past Performance: Do your Subs and Key Personnel Count or Not?October 3, 2013 HK Consulting (HK) protested the terms of a Request for Proposals (RFP) alleging it unduly restricted competition. What was the problem? The RFP stated that the agency would not consider the past performance of an offeror’s proposed subcontractors or key personnel. In HK’s view, this past performance criteria was unreasonable and unduly restrictive of competition. But… New OFCCP Regulations Change the Landscape for Federal Contractors Regarding Persons with Disabilities and VeteransSeptember 25, 2013 The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently updated its regulations regarding individuals with disabilities and veterans (41 C.F.R. Parts 60-741 and 60-300). See 78 Fed. Reg. 58614; 78 Fed. Reg. 58682. The new regulations take effect on March 24, 2014. There are several items of note in these new regulations that will… |
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