Government Contracts MonitorSuspension of Affiliates: It’s Worse Than You Think. A Lot Worse, Actually.December 20, 2011 In the Old Testament, a jealous God threatens on various occasions to visit the sins of the father to the third or fourth generations. See, e.g., Exodus 20:5. Think this has no application to the suspension and debarment context? Think again. In the updated version of the narrative, however, the aggrieved blameless contractors are appealing to another higher authority… SBA Proposes Harsher Penalties for Small Businesses that Misrepresent their Size and/or StatusDecember 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]… Recent GAO Decision Reveals That \"Name That Offeror\" Is Not Just a GameDecember 9, 2011 Every once in awhile there’s a Government Accountability Office (“GAO”) bid-protest decision that causes the reader to ask, “What was the protestor thinking?”. Integral Systems, Inc., Comp. Gen. Dec. No. B-405303.1 (Aug. 16, 2011), is just such a case. In Integral Systems, the GAO dismissed a protest filed by the parent corporation of the offeror because the offeror/subsidiary –…Obama Administration Encourages Increased Use of Suspensions and Debarments to Hold Contractors AccountableNovember 29, 2011 As part of the President’s Campaign to cut Fraud, Waste, and Abuse, the Office of Federal Procurement Policy (OFPP) has directed agencies to “ensure they are fully equipped to suspend and debar contractors and other recipients whenever necessary to protect the government’s interest.” The Administration believes that effective suspension and debarment programs play an important role in… New FCPA Guidance ComingNovember 17, 2011 Assistant Attorney General Lanny Breuer recently announced that in 2012, the Department of Justice will release detailed new guidance on the Foreign Corrupt Practices Act’s (FCPA) civil and criminal enforcement provisions. In simple terms, the FCPA prohibits bribery of foreign government officials. However, in practice, FCPA compliance is anything but simple. For example, it… Contractors Performing Acquisition Functions Must Prevent Personal Conflicts of InterestNovember 9, 2011 Effective December 2, 2011, contractors and subcontractors who are performing acquisition functions will be required to identify and prevent personal conflicts of interest of their employees and prohibit employees who have access to non-public information from using such information for personal gain. This Final Rule applies to certain contracts, as well as task orders and delivery… Exporters Beware: What You Don’t Know About Your Offshore Partners Can Hurt YouNovember 8, 2011 You may understand the financial rewards of selling goods and services abroad, but do you understand the risks? Whether you are dealing with an offshore partner, distributor or representative, there are proactive steps you should take to protect yourself against potential claims of violating the Foreign Corrupt Practices Act. Jackson Kelly attorney E. Leslie “Pete” Hoffman will speak… New Pro-Union FAR ProvisionsNovember 4, 2011 On November 2, 2011, two new pro-union FAR provisions were published as final rules. First, FAR 22.1600 through 1605 and 52.222-40 – concerning Notification Of Employee Rights Under The National Labor Relations Act were finalized. See http://www.gpo.gov/fdsys/pkg/FR-2011-11-02/pdf/2011-27779.pdf. Interim regulations on the same subject were published on December 13, 2010, … OMB Adopts New Accelerated Payment Policy for Small BusinessesOctober 27, 2011 The Office of Management and Budget (“OMB”) recently established a new policy requiring agencies to make payments to small business contractors as soon as possible, with the goal of making the payments within 15 days of receipt of proper documentation. Office of Mgmt. & Budget, Executive Office of the President, OMB Bull. No. M-11-32, Accelerating Payments to Small Businesses for Goods and… Agencies Deviate From Standard FAR Clauses At Their Own PerilOctober 21, 2011 Federal agencies with special and articulated needs may deviate from standard FAR clauses and craft their own proposed contract clauses. However, such custom, non-standard clauses must be rational and reasonable, as the Government recently learned the hard way in U.S. Foodservice, Inc. v. United States, No. 11-376C (Oct. 12, 2011), which involved a pre-award bid protest before the U.S.… Jackson Kelly attorney authors West Virginia Chapter of the “Guide to State Procurement”October 19, 2011 Jackson Kelly attorney J. Eric Whytsell recently authored the West Virginia chapter of the American Bar Association’s “Guide to State Procurement: A 50 State Primer on Purchasing Laws, Processes and Procedures.” The publication includes information on purchasing laws at the state level along with information about procurement statutes and regulations, bid processes, bid protest procedures and… “Do Not Pay” List Coming in a Few MonthsOctober 7, 2011 Contractors who are not current on their federal taxes may not get paid by the Federal Government, once the new “Do Not Pay” List is up and online. The Treasury Department is expected to release its full “Do Not Pay” List within the next few months, according to a recent internet posting from the Office of Management and Budget. This List will integrate several… |
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