Government Contracts Monitor

Short Take: Treasury Announces Decreased 2-3/8% Prompt Payment & Contract Disputes Interest Rate for 7/1/17-12/31/17

July 25, 2017

The Treasury Department has announced that the Prompt Payment Act interest rate is being decreased to 2-3/8% per annum for the period of July 1, 2017 through December 31, 2017. 82 Fed. Reg. 34348 (7/24/17). This interest rate is used to calculate the interest penalty payable by the Government when it fails to timely pay contractors for goods and services, as well as interest due on claims under…

Short Take: DOD Seeks Public Input on Changes to DFARS Solicitation Provisions and Contract Clauses

June 21, 2017

Pursuant to President Trump’s February 24, 2017 Executive Order (E.O.) 13777, “Enforcing the Regulatory Reform Agenda,” the DFARS Subgroup to the DOD Regulatory Reform Task Group is seeking public input as to DFARS solicitation provisions and contract clauses that may be appropriate for repeal, replacement or modification. This comment opportunity provides contractors (and other members of the…

“It’s in There” -- Miller Act Bonding Requirements Are Read into Construction Contracts under the Christian Doctrine

May 24, 2017

The Armed Services Board of Contract Appeals (ASBCA) recently reaffirmed its January 2017 decision in K-Con, Inc., ASBCA Nos. 60686, 60687, 17-1 BCA ~ 36,632, holding that, pursuant to the Christian doctrine, the bonding requirements set forth in the Miller Act (and codified at FAR 52.228-15) are mandatory clauses that must be included in government construction contracts if they are omitted. In…

Task Order or Schedule Contracting Officer – Pick the Right One or Start Over!

May 2, 2017

The Civilian Board of Contract Appeals (CBCA or Board)’s recent decision in Consultis of San Antonio, Inc. v. Department of Veterans Affairs demonstrates the importance of selecting the right contracting officer to resolve a dispute under a Federal Supply Schedule (FSS) task order. If the dispute involves interpreting the schedule contract terms and conditions, the issue must be presented to and…

Possible Federal Government Shut-Down – Actions to Take Now

April 25, 2017

As President Trump approaches the end of his first 100 days, there is a risk that the Federal Government could shut-down starting at midnight this coming Friday, when current funding expires. Congress, which is finally back from its two-week Easter recess, is working on both a short one- or two- week interim extension, as well as a longer extension through the end of the current Government fiscal…

GAO Recommends DOD Act to Ensure that Its Pilot Mentor/Protégé Program Enhances the Capabilities of Protégé Firms

April 19, 2017

The Government Accountability Office (GAO) has identified a number of problems in DOD’s Pilot Mentor-Protégé Program, including a lack of standard operating procedures that DOD components are required to follow to approve Mentor-Protégé Agreements (MPAs), resulting in many MPAs not including required elements necessary to ensure the Protégé's eligibility and Program compliance. GAO further…

Fair Pay and Safe Workplaces Regulations Nullified and Underlying Executive Order 13673 Revoked

March 28, 2017

On Monday, March 27, 2017, President Trump signed House Joint Resolution 37, repealing and nullifying the Fair Pay and Safe Workplaces final rule issued last August, implementing President Obama’s Executive Order 13673 (Fair Pay and Safe Workplaces). As previously discussed here, this Resolution was passed by both Houses of Congress under the Congressional Review Act, 5 U.S.C. § 801 et seq.…

Short Take: Hopewell Darneille to Present at DYNET 2017, Fairmont, WV -- April 13, 2017

March 6, 2017

Hopewell Darneille, of the Firm’s Washington, DC office, will be a presenter at the eighth annual Dynamic Networking for Small Business (DYNET) Conference, a federal and prime contracting event in Fairmont, West Virginia, on April 13, 2017 at the Robert H. Mollohan Research Center.

Mr. Darneille will co-present a workshop on “SBA’s NEW Joint Venture Rules,” with Melissa Loder, the principal…

Congress Votes to Repeal Former President Obama’s Fair Pay and Safe Workplaces Regulations

March 6, 2017

On Monday, March 6, 2017, the U.S. Senate voted, 49-48 on a straight party-line vote, to join the U.S. House of Representatives in repealing the Fair Pay and Safe Workplaces final rule issued last August, implementing President Obama’s Executive Order 13673 (Fair Pay and Safe Workplaces).  Assuming President Trump signs the joint repeal resolution in the coming days, which appears highly likely in…

Don’t Overlook New Privacy Training Requirements

February 28, 2017

During the end of year crush, some contractors may have missed the December 20, 2016 publication of a final rule requiring contractors whose employees have access to a system of records or handle personally identifiable information (PII) to provide privacy training to those employees. The new rule, which took effect January 19, 2017, provides guidance to contractors concerning the required…

Short Take - VA Increases SDVOSB/VOSB Program Eligibility to Three (vs. Two) Years Before Requiring Reverification

February 20, 2017

One of the biggest complaints about the Department of Veterans Affairs (VA)’s programs for Veteran-Owned Small Businesses (VOSB) and Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) has been that program eligibility, granted on the basis of an exhaustive process, was valid for only one, and subsequently two, years, before having to be reestablished through an intensive reverification…

Short Take - President Trump Will Continue Enforcing Executive Order 13672, Protecting the Rights of the LGBTQ Community in the Workplace

February 6, 2017

On January 31, 2017, the White House issued a Press Release announcing President’s determination to continue the effectivity and enforcement of President Obama’s Executive Order (EO) 13672, protecting the rights of the Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) community under federal contracts.  The Press Release stated that President “Trump is determined to protect the rights of all…