January 30, 2017
President Trump is moving quickly to implement his various campaign pledges, including his commitment to reduce federal regulation and the resulting huge burdens and costs on both large and small businesses. Specifically, within hours of the President's inauguration, his Chief of Staff, Reince Priebus, issued a Presidential Memorandum (the “Freeze Memo”) imposing a broad freeze on all new and…
January 30, 2017
The General Services Administration (GSA) recently issued a Final Rule, effective January 9, 2017, amending the General Services Administration Acquisition Regulation (GSAR) to clarify that the Ordering Agency Task and Delivery Order Ombudsman has jurisdiction and responsibility to review and resolve “fair opportunity” complaints on task and delivery orders placed against GSA multiple-award…
January 23, 2017
The Department of Defense (DoD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) issued a Final Rule raising the acquisition threshold for Special Emergency Procurement Authority, modifying the Federal Acquisition Regulation (FAR) as required by the 2016 National Defense Authorization Act (NDAA-16). The rule raises the simplified acquisition…
January 23, 2017
The FAR Council has published a Final Rule, effective January 19, 2017, prohibiting the use of appropriated or otherwise available funds for any contract, grant or cooperative agreement with an entity that requires its employees or subcontractors to sign internal confidentiality agreements or statements that prohibit or otherwise restrict the lawful reporting of fraud, waste or abuse to a…
January 3, 2017
As Jackson Kelly has previously reported, there is significant uncertainty regarding which of the many Executive Orders signed by President Obama will still be binding after President Trump’s inauguration later this month; but some things will not change, at least in the short term. One of those is the new requirement, from Executive Order 13706, that federal contractors provide paid sick leave…
January 3, 2017
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 a time for New Year’s Resolutions. Here are several we strongly urge you to follow-through on early in 2017.
1. Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies…
December 20, 2016
Although there is still some uncertainty as to which of President Obama’s many Executive Orders will be implemented once the Trump administration is in place, there are a few regulations that will take effect before the inauguration, and for which contractors therefore need to prepare. One such requirement, regarding paycheck transparency for government contract employees, is set to take effect…
December 14, 2016
Following months of uncertainty and debate, the House and Senate have both approved the draft 2017 National Defense Authorization Act (NDAA), funding the Defense Department through the end of fiscal year 2017 (FY17). The FY17 NDAA contains a number of significant provisions that promise to impact government contractors in significant ways. This article discusses several of them.
Section 217 of the…
November 29, 2016
Last week, the Department of Justice (DOJ) announced that it had reached a settlement with Bechtel National Inc., Bechtel Corp., URS Corp. (predecessor in interest to AECOM Global II LLC) and URS Energy and Construction Inc. (now known as AECOM Energy and Construction Inc.). In the press release, DOJ announced that the contractors have agreed to pay $125 million to resolve allegations under the…
November 8, 2016
As federal contract dollars become more and more scarce, contractors must aggressively posture themselves to win contracts. Since past performance often plays a key role in source selection, a poor past performance rating can have far-reaching impacts. Fortunately, the Contractor Performance Assessment Reporting System (CPARS) process allows contractors to be actively engaged in ensuring that…
November 2, 2016
Effective October 21, the Department of Defense (DOD) allows federal contractors to consolidate several Hotline Posters required for contracts exceeding $5.5 million that are not procured as commercial items under FAR part 12. The requirement also flows down to subcontractors. The Final Rule modifies DFARS Clause 252.203-7004 (Display of Hotline Posters). Before the Rule was published, this…
November 1, 2016
The DOD recently adopted as final, with changes, an interim rule implementing several provisions from the 2013 and 2015 National Defense Authorization Acts and the 2014 Intelligence Authorization Act. The final rule, which took effect on October 21, 2016, addresses contractor reporting on network penetration and provides guidance on the procurement of cloud services.
The final rule makes a number…
January 30, 2017
President Trump is moving quickly to implement his various campaign pledges, including his commitment to reduce federal regulation and the resulting huge burdens and costs on both large and small businesses. Specifically, within hours of the President's inauguration, his Chief of Staff, Reince Priebus, issued a Presidential Memorandum (the “Freeze Memo”) imposing a broad freeze on all new and…
January 30, 2017
The General Services Administration (GSA) recently issued a Final Rule, effective January 9, 2017, amending the General Services Administration Acquisition Regulation (GSAR) to clarify that the Ordering Agency Task and Delivery Order Ombudsman has jurisdiction and responsibility to review and resolve “fair opportunity” complaints on task and delivery orders placed against GSA multiple-award…
January 23, 2017
The Department of Defense (DoD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) issued a Final Rule raising the acquisition threshold for Special Emergency Procurement Authority, modifying the Federal Acquisition Regulation (FAR) as required by the 2016 National Defense Authorization Act (NDAA-16). The rule raises the simplified acquisition…
January 23, 2017
The FAR Council has published a Final Rule, effective January 19, 2017, prohibiting the use of appropriated or otherwise available funds for any contract, grant or cooperative agreement with an entity that requires its employees or subcontractors to sign internal confidentiality agreements or statements that prohibit or otherwise restrict the lawful reporting of fraud, waste or abuse to a…
January 3, 2017
As Jackson Kelly has previously reported, there is significant uncertainty regarding which of the many Executive Orders signed by President Obama will still be binding after President Trump’s inauguration later this month; but some things will not change, at least in the short term. One of those is the new requirement, from Executive Order 13706, that federal contractors provide paid sick leave…
January 3, 2017
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 a time for New Year’s Resolutions. Here are several we strongly urge you to follow-through on early in 2017.
1. Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies…
December 20, 2016
Although there is still some uncertainty as to which of President Obama’s many Executive Orders will be implemented once the Trump administration is in place, there are a few regulations that will take effect before the inauguration, and for which contractors therefore need to prepare. One such requirement, regarding paycheck transparency for government contract employees, is set to take effect…
December 14, 2016
Following months of uncertainty and debate, the House and Senate have both approved the draft 2017 National Defense Authorization Act (NDAA), funding the Defense Department through the end of fiscal year 2017 (FY17). The FY17 NDAA contains a number of significant provisions that promise to impact government contractors in significant ways. This article discusses several of them.
Section 217 of the…
November 29, 2016
Last week, the Department of Justice (DOJ) announced that it had reached a settlement with Bechtel National Inc., Bechtel Corp., URS Corp. (predecessor in interest to AECOM Global II LLC) and URS Energy and Construction Inc. (now known as AECOM Energy and Construction Inc.). In the press release, DOJ announced that the contractors have agreed to pay $125 million to resolve allegations under the…
November 8, 2016
As federal contract dollars become more and more scarce, contractors must aggressively posture themselves to win contracts. Since past performance often plays a key role in source selection, a poor past performance rating can have far-reaching impacts. Fortunately, the Contractor Performance Assessment Reporting System (CPARS) process allows contractors to be actively engaged in ensuring that…
November 2, 2016
Effective October 21, the Department of Defense (DOD) allows federal contractors to consolidate several Hotline Posters required for contracts exceeding $5.5 million that are not procured as commercial items under FAR part 12. The requirement also flows down to subcontractors. The Final Rule modifies DFARS Clause 252.203-7004 (Display of Hotline Posters). Before the Rule was published, this…
November 1, 2016
The DOD recently adopted as final, with changes, an interim rule implementing several provisions from the 2013 and 2015 National Defense Authorization Acts and the 2014 Intelligence Authorization Act. The final rule, which took effect on October 21, 2016, addresses contractor reporting on network penetration and provides guidance on the procurement of cloud services.
The final rule makes a number…
