July 11, 2012
Service-disabled, veteran-owned small businesses (SDVOSBs) should not be surprised if the Department of Defense (“DoD”) adopts a robust verification program for SDVOSB contractors similar to that in place at the Department of Veteran Affairs (“VA”).
This Spring, the DoD Inspector General (“IG”) found that DoD had made hundreds of millions of dollars of SDVOSB set-aside and sole-source awards to…
May 25, 2012
Debarment Authority: Small Businesses Beware.
The 2013 National Defense Authorization Act (H.R. 4310), if enacted in its current form, would require agency officials to suspend or debar a contractor for misrepresenting itself as a small business.
The bill would make the measures mandatory:Section 1683—Requirement Fraudulent Businesses Be Suspended or Debarred
This section…
May 15, 2012
For government contractors looking for that extra edge, a recently authored column in the State Journal regarding ethics and compliance discusses the current business climate and the cost benefit of maintaining your company’s strong ethical conduct and full compliance with contractual and regulatory requirements. Authored by Jackson Kelly’s Eric Whytsell, the article discusses not only the…
May 3, 2012
The U.S. Small Business Administration (“SBA”) size regulations provide that the size of a business concern that has been in business for three or more years is based upon the average annual receipts (“AAR”) of such concern for its three most recently completed fiscal years as of the date of the concern’s self-certification. 13 C.F.R § 121.104(c)(1). The size regulations clarify that…
March 30, 2012
On Friday, March 2, 2012, United States District Court for the District of Columbia Judge Amy Berman Jackson partially affirmed and partially struck down the National Labor Relations Board’s (“NLRB”) “Notification of Employee Rights Under the National Labor Relations Act” regulations in National Association of Manufacturers v. National Labor Relations Board, No. 1:11-cv-01629-ABJ (D.D.C. March 2,…
March 19, 2012
We recently wrote about the November 15, 2011 directive from the Director of OMB telling agencies to step up their suspension and debarment procedures. Click hereto read the OMB directive in its entirety.
More current events make clear that Congress means business when it comes to this issue.
First, the Consolidated Appropriations Act of 2012. This…
March 14, 2012
The Buy America Act (BAA) is a domestic preference statute that attempts to protect the U.S. labor force by providing a preference for American goods purchased by the government. A contractor’s “nationality” is not considered – it is the place where the goods are mined, produced or manufactured that controls whether or not they are considered “American” goods. Most government…
March 12, 2012
The Government Accountability Office recently found that most federal agencies lack active and effective suspension and debarment programs, putting the government at unnecessary risk of waste, fraud, and abuse.
To remedy this situation, the Director of OMB has directed agencies to take the following actions:
March 9, 2012
Contractors who have received legislative earmarks may soon face increased scrutiny of their cost accounting practices from DCAA auditors. Since 1984, FAR cost principles have declared that costs associated with lobbying efforts are generally unallowable. See FAR 31.205-22. In general, DCAA defines lobbying costs as “amounts incurred to influence the outcome of elections,…
March 2, 2012
On January 30, 2012, DoD issued a final rule amending the DFARS to require major contractors to report independent research and development (IR&D) projects for which reimbursement, as an allowable indirect cost, is sought from DoD. See DFARS 231.205-18(c)(iii)(C). Under this rule, which is effective immediately, major contractors must report IR&D projects to the Defense…
March 1, 2012
The Defense Contract Audit Agency (DCAA) oversees contractor compliance by performing routine and non-routine audits. In addition, however, defense contractors typically maintain their own internal auditors to monitor policies, procedures, and business systems related to their government contracts.
Most internal audit reports cover a broad range of matters that, understandably, the General…
December 14, 2011
On October 7, the Small Business Administration (SBA) issued a proposed ruleto strengthen penalties for small businesses that misrepresent their size and/or special socioeconomic status. Under the proposed rule, any business that willfully seeks and receives a Federal award[1] by misrepresenting itself as a small business or a small business with special socioeconomic status[2]…
July 11, 2012
Service-disabled, veteran-owned small businesses (SDVOSBs) should not be surprised if the Department of Defense (“DoD”) adopts a robust verification program for SDVOSB contractors similar to that in place at the Department of Veteran Affairs (“VA”).
This Spring, the DoD Inspector General (“IG”) found that DoD had made hundreds of millions of dollars of SDVOSB set-aside and sole-source awards to…
May 25, 2012
Debarment Authority: Small Businesses Beware.
The 2013 National Defense Authorization Act (H.R. 4310), if enacted in its current form, would require agency officials to suspend or debar a contractor for misrepresenting itself as a small business.
The bill would make the measures mandatory:Section 1683—Requirement Fraudulent Businesses Be Suspended or Debarred
This section…
May 15, 2012
For government contractors looking for that extra edge, a recently authored column in the State Journal regarding ethics and compliance discusses the current business climate and the cost benefit of maintaining your company’s strong ethical conduct and full compliance with contractual and regulatory requirements. Authored by Jackson Kelly’s Eric Whytsell, the article discusses not only the…
May 3, 2012
The U.S. Small Business Administration (“SBA”) size regulations provide that the size of a business concern that has been in business for three or more years is based upon the average annual receipts (“AAR”) of such concern for its three most recently completed fiscal years as of the date of the concern’s self-certification. 13 C.F.R § 121.104(c)(1). The size regulations clarify that…
March 30, 2012
On Friday, March 2, 2012, United States District Court for the District of Columbia Judge Amy Berman Jackson partially affirmed and partially struck down the National Labor Relations Board’s (“NLRB”) “Notification of Employee Rights Under the National Labor Relations Act” regulations in National Association of Manufacturers v. National Labor Relations Board, No. 1:11-cv-01629-ABJ (D.D.C. March 2,…
March 19, 2012
We recently wrote about the November 15, 2011 directive from the Director of OMB telling agencies to step up their suspension and debarment procedures. Click hereto read the OMB directive in its entirety.
More current events make clear that Congress means business when it comes to this issue.
First, the Consolidated Appropriations Act of 2012. This…
March 14, 2012
The Buy America Act (BAA) is a domestic preference statute that attempts to protect the U.S. labor force by providing a preference for American goods purchased by the government. A contractor’s “nationality” is not considered – it is the place where the goods are mined, produced or manufactured that controls whether or not they are considered “American” goods. Most government…
March 12, 2012
The Government Accountability Office recently found that most federal agencies lack active and effective suspension and debarment programs, putting the government at unnecessary risk of waste, fraud, and abuse.
To remedy this situation, the Director of OMB has directed agencies to take the following actions:
March 9, 2012
Contractors who have received legislative earmarks may soon face increased scrutiny of their cost accounting practices from DCAA auditors. Since 1984, FAR cost principles have declared that costs associated with lobbying efforts are generally unallowable. See FAR 31.205-22. In general, DCAA defines lobbying costs as “amounts incurred to influence the outcome of elections,…
March 2, 2012
On January 30, 2012, DoD issued a final rule amending the DFARS to require major contractors to report independent research and development (IR&D) projects for which reimbursement, as an allowable indirect cost, is sought from DoD. See DFARS 231.205-18(c)(iii)(C). Under this rule, which is effective immediately, major contractors must report IR&D projects to the Defense…
March 1, 2012
The Defense Contract Audit Agency (DCAA) oversees contractor compliance by performing routine and non-routine audits. In addition, however, defense contractors typically maintain their own internal auditors to monitor policies, procedures, and business systems related to their government contracts.
Most internal audit reports cover a broad range of matters that, understandably, the General…
December 14, 2011
On October 7, the Small Business Administration (SBA) issued a proposed ruleto strengthen penalties for small businesses that misrepresent their size and/or special socioeconomic status. Under the proposed rule, any business that willfully seeks and receives a Federal award[1] by misrepresenting itself as a small business or a small business with special socioeconomic status[2]…
