Government Contracts Monitor

FAR Proposed Rule Would Bar Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

January 25, 2016

The FAR Council has published a new Proposed Rule implementing Section 743 of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and anticipated successor provisions in future appropriations acts and continuing resolutions, prohibiting the use of appropriated or otherwise available funds for any contract, grant or cooperative agreement with an entity that requires…

Showing a “Clear Fracture” Does Not Rebut Presumption of Affiliation Based on a Common Investments Identity of Interest

January 25, 2016

Small Business Administration (SBA) rules relating to the concept of “affiliation” can render an entity “other than small” for a wide variety of reasons. Unfortunately, as demonstrated by the recent decision of SBA’s Office of Hearings and Appeals (OHA) in Size Appeal of Tenax Aerospace, LLC, SBA No. SIZ-5701 (December 23, 2015), these rules are complex and often difficult to apply.  The …

Sole Source Awards to WOSBs Are Finally Here, But Certification Questions Remain

January 18, 2016

Year-end 2015 brought two important developments for Women-Owned Small Businesses (WOSBs), that provide new business opportunities, as well as some uncertainty, as we start 2016. First, the FAR Council issued its eagerly-awaited Interim Rule authorizing sole source awards to WOSBs in appropriate circumstances. This new authority, which is effective immediately, levels the playing field between…

Opposition Research Has Its Limits – Knowing the Facts May Not Be Enough

January 18, 2016

In order to make good decisions about whether and how to protest an award decision, disappointed bidders must, among other things, have good information about the awardee. This is particularly true where the protest grounds being considered include the argument that the winner’s proposal violated the applicable limitation on subcontracting requirement, an attack that requires a showing that the…

Short Take: Treasury Increases Prompt Payment & Contract Disputes Interest Rates, Effective 1/1/16

January 18, 2016

The Treasury Department has announced that the Prompt Payment Act interest rate is being increased to 2-1/2% per annum for the period of January 1, 2016 through June 30, 2016. 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…

DoD Gives Contractors More Time to Comply with Data Security Rules

January 11, 2016

On December 30, 2015, the Department of Defense issued a new interim rule (80 FR 81472) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to give contractors additional time to implement security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171. This second interim rule amends DFARS 252.204–7008, Compliance…

2016 New Year’s Resolutions

January 4, 2016

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 2016.

1.    Reassess Your (and Any Subcontractors’) Small Business Size Status: Most…

Short Take – FAR Final Rule Implements E.O. 13672 on Sexual Orientation & Gender Identity.

December 15, 2015

On December 4, 2015, DOD, GSA and NASA adopted a Final Rule, effective immediately, amending the Federal Acquisition Regulation (FAR) to implement (i) President Obama’s Executive Order (EO) 13672, and (ii) the Department of Labor (DOL), Office of Federal Contract Compliance Policy (OFCCP)’s implementing Final Rule (previously discussed here).  EO 13672 amends EOs 11246 and 11478 to add…

Short Take – Final Rule Establishing Minimum Wage

December 7, 2015

On December 4, 2015, DOD, GSA and NASA adopted a Final Rule, effective immediately, amending the Federal Acquisition Regulation (FAR) to implement (i) President Obama’s Executive Order 13658, establishing a minimum wage for employees working on covered federal contracts and subcontracts, and (ii) the Department of Labor (DOL)’s Final Rule (previously discussed here).  The Final Rule…

DUNS’ Days May Be Numbered

November 23, 2015

On November 18, 2015, the Federal Regulations Council proposes to amend the Federal Acquisition Regulation (FAR) to change the terminology for unique identification of entities receiving Federal awards by removing the current references to the proprietary DUNS number standard.

Maintaining a unique identification system for entities receiving Federal dollars is critical to ensuring the Government…

Short Take: Controlled Technical Information Two-year Anniversary

November 16, 2015

DFARS Clause 252.204-7012 has been required in all solicitations and contracts for two years now. It provides minimum standards to protect DoD unclassified Controlled Technical Information (CTI) that resides on or is transmitted through a contractor’s unclassified networks.

What is CTI?

It’s defined as technical information with military or space application that is subject to controls on the…

Short Take – Minimum Wage Increases to $10.15 Effective January 1, 2016

October 19, 2015

As you no doubt know by now, President Obama issued Executive Order 13658 on February 12, 2014, establishing a $10.10 per hour minimum wage for employees working on covered federal contracts and subcontracts, starting January 1, 2015.  The Department of Labor (DOL) issued a Final Rule (previously discussed here) on October 10, 2014, and the FAR Council issued an Interim Rule on December 15, 2014…