Government Contracts MonitorContracting Rules and RegulationsThe Cardinal Change - A Dramatic But Important RemedyOctober 17, 2018 All experienced government contractors know that it is often impossible to predict (and therefore to price), the wide range of risks involved in performing federal government contracts. When a dramatic change occurs, it can sometimes be compensable as a cardinal change - a change that occurs when a contractor is directed to perform additional work beyond the scope of the contract. Case in point: … Are there Cybersecurity Risks in Your Supply Chain?October 9, 2018 By now we all know that the Federal Government has dramatically increased its efforts to reduce threats to cybersecurity: witness a case in the Court of Federal Claims (COFC) where the Social Security Administration (SSA), in acquiring new printers, was determined to avoid supply chain risks it suspected were present in a bidder’s offer. The bidder protested, but the COFC agreed with the agency.… OFCCP On the Move ...October 4, 2018 On September 7, 2018, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued 750 courtesy scheduling letters to federal government contractors, notifying them that their affirmative action plans (AAPs) could be audited. The OFCCP published the list of federal contractors that received this “courtesy”. The letters let contractors know, 45 days in advance, that… Short Take: Fall Is the Season for Halloween, Thanksgiving, and OFCCP AuditsSeptember 13, 2018 In addition to changing leaves and cooler temperatures, some federal contractors will soon also face Affirmative Action Plan (“AAP”) audits by the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”). Last week, the OFCCP sent out 750 Courtesy Scheduling Announcement Letters (“CSAL"s) to notifying specific federal contractors that they had been selected to… How Much Modification Is Too Much?June 21, 2018 Savvy contractors who have lost out on a contract award often monitor contract performance and modifications in hopes of identifying business opportunities. If they can find performance problems or improper modifications, their thinking goes, they may be able to position themselves to take work from the original awardee. But such a strategy has some practical limitations. Landing new work as a… FY2019 NDAA Seeks to Change Definition of "Subcontract"May 10, 2018 On May 7th, the House Armed Services Committee (HASC) made public H.R. 5515, its version of the FY2019 National Defense Authorization Act (NDAA). One of the provisions that is already generating buzz is Section 832, which would create a “precise” definition of "subcontract" in title 41, United States Code, and incorporate the new definition in title 10, United States Code. As noted by the HASC,… Short Take: Treasury Increases Prompt Payment & Contract Disputes Act Interest Rates, Effective 1/1/18January 24, 2018 The Treasury Department has announced that the Prompt Payment Act (“PPA”) interest rate is being increased to 2.625% per annum for the period of January 1, 2018 through June 30, 2018. 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 Disputes Act (“CDA”).… New Year's Resolutions, 2018January 3, 2018 Reassess Your Size Status, Update Your DSBS and SAM Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings Happy New Year! The start of a new year is the time for New Year’s Resolutions. Here are several we strongly urge you to follow-through on early in 2018. 1. Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies… Beware: The DoD Prohibition against Binding Arbitration for Employees Has TeethOctober 26, 2017 For the past seven years or so, procuring agencies within the Department of Defense (DoD) have been precluded from expending funds on contracts in excess of $1 million unless the contractor agrees not to require its employees to agree to binding arbitration as a condition of employment. To the extent that anyone is still clinging to the notion that the prohibition was toothless and essentially… DoD Issues New Guidance for Selected Portions of DFARS 252.204-7012September 26, 2017 DFARS Clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, was added in 2016. It requires contractors to safeguard covered defense information that is processed or stored on their internal information system or network by implementing National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified… Regardless of Whether You’re Responsible, Did You “Deliver the Mail”?September 7, 2017 Sometimes small business offeror’s lack of success in a competitive procurement results from questions about whether it is “responsible” (i.e. has the ability to perform). When a small business’ proposal is found unacceptable due to a responsibility-related issue, the procuring agency must refer the matter to the Small Business Administration (SBA), which has the ultimate authority to determine… Here We Go Again – Another Possible Federal Government Shut-Down – Actions to Take NowAugust 24, 2017 As we approach the end of the Government’s fiscal year at the end of September, we are once again facing a risk that the Federal Government could shut-down. The risk is heightened this time by: (1) the impending debt ceiling crisis, which Treasury estimates will be hit on September 28 or 29; and (2) President Trump’s reiteration earlier this week that he would be willing to shut-down the… |
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