Government Contracts MonitorOFCCP Announces Intent To Create New Data-Collection ToolAugust 17, 2011 On August 10, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued an advance notice of proposed rulemaking. 76 Fed. Reg. 49398, available at http://www.gpo.gov/fdsys/pkg/FR-2011-08-10/pdf/2011-20299.pdf. The advance notice indicated OFCCP’s desire to create new rules to collect employee compensation data from federal service or supply… Sole Source Award: Not So FastAugust 16, 2011 On July 13, 2011, the Court of Federal Claims (CFC) granted a protester’s request and held that the method used by the Army to make a sole-source award for base shelter systems was illegal, despite the fact that the sole-source contract had been fully performed. Cal. Indus. Facilities Res. v. United States, No. 11-299C (Fed. Cl. Jul. 13, 2011) (full text available here). The Army argued the… Contractor Tax Withholding Provision DelayedMay 17, 2011 The Internal Revenue Service issued a final rule delaying a controversial provision requiring that the Government withhold a percentage of its payments to contractors for tax purposes. This provision will require federal, state, and local governments with expenditures of more than $100 million to withhold 3% of each payment that is more than $10,000. The provision applies to…Federal Contractors May Be Required to Disclose Political ContributionsMay 4, 2011 President Obama issued a draft Executive Order that will “require all entities submitting offers for federal contracts to disclose certain political contributions and expenditures that they have made within the two years prior to submission of the offer.” The contemplated disclosure will include (1) contributions made to or on behalf of federal candidates, parties or party… U.S. Department Of Labor Issues Notice Of Proposed Rulemaking Concerning Affirmative Action And Non-Discrimination Against VeteransApril 29, 2011 On April 26, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a notice of proposed rulemaking to eliminate 41 C.F.R. Part 60-250, as obsolete, and replace the existing 41 C.F.R. Part 60-300 with new regulations. These regulations implement the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”), as amended, 38 U.S.C. §… Department of Defense Issues New Source Selection ProceduresApril 4, 2011 The Department of Defense has issued new Source Selection Procedures. These procedures are effective July 1, 2011 for all acquisitions conducted under FAR Part 15. Appendix A, Lowest Price Technically Acceptable Source Selection Process, and Appendix B, Debriefing Guide, of the Procedures provide additional uniform guidance for the conduct of DoD acquisitions. DoD will…Text Messaging While Driving Prohibited For Federal ContractorsMarch 30, 2011 Last Fall, the Federal Government enacted new regulations requiring all federal contractors to institute new policies and procedure prohibiting contractor employees from texting while driving federal government vehicles or while driving private vehicles when performing work on federal contracts. 48 C.F.R. § 52.223-18(c) states that federal contractors should adopt and enforce policies… Is There Relief For Government Contractors in Japan?March 25, 2011 In the wake of the earthquake, tsunami, and nuclear reactor crisis in Japan – and the resulting power and food shortages, water contamination, and voluntary evacuations at certain U.S. bases – many federal government contractors providing goods and services on military bases there must assess the direct and indirect impact of these catastrophes on their contracts. Will they be asked to… Possible Federal Government Shut-Down - Actions to Take NowMarch 1, 2011 Contractors need to start planning and communicating now with their respective government contracting officers about how to address a possible federal government shut-down, possibly as early as this coming weekend or in a couple of weeks. If there is a shut-down, virtually all federal government contractors face serious impacts. Action now will enable contractors to respond… Update: Women-Owned Small Business Program LaunchedFebruary 9, 2011 On February 4, 2011, the Small Business Administration (SBA) launched the Women-Owned Small Business (WOSB) Program. The Women-Owned Small Business (WOSB) Program allows government agencies to set aside contracts for competition among only WOSBs. WOSBs can now learn more about the Program through SBA’s website. There are important links on the SBA’s website providing Program information including… Legislation Equalizes All Small Businesses for Contract Set-AsidesJanuary 24, 2011 The newly enacted 2010 Small Business Jobs Act, among other things, puts all small business categories on equal footing when competing for government contracts. Before the 2010 Act, the 1953 Small Business Act said that government agencies “shall” set-aside contract awards for small businesses in Historically Underutilized Business Zones (HUBZone), while statutes for other categories of… Proposed Legislation Could Put Alaska Native Corporations on Equal Footing with Other Small BusinessesJanuary 24, 2011 Alaska Native Corporations (ANCs) will no longer receive preferential treatment over other small businesses under proposed legislation from Senator Claire McCaskill (D-Mo.) and Representative Bennie Thompson (D- Ms.). If passed, this legislation will make ANCs no different than other small businesses in the Small Business Administration’s 8(a) Program, such as those owned by minorities, women,… |
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