Government Contracts MonitorSBA Introduces New Program to Support Women-Owned Small BusinessesJanuary 11, 2011 Samuel Jack and Katherine Calogero wrote an article published in the January 5, 2011 issue of Law 360. Their article, titled "SBA Introduces New Program to Support Women-Owned Small Businesses", discusses the launch of SBA's Women-Owned Small Business Program. This new initiative aims to create new business opportunities for women-owned small… House Passes Legislation Requiring FCPA Violators to be Proposed for DebarmentSeptember 22, 2010 Legislation approved by the House last week would require federal agencies to propose for debarment federal contractors found to have violated the Foreign Corrupt Practice Act (FCPA). The FCPA prohibits giving or offering to give anything of value to a foreign official for the purpose of obtaining or retaining business for or with any foreign government. The new legislation – the 2010 …New Rule Requires Contractors to Report Executive Compensation and Subcontractor InformationJuly 23, 2010 Effective July 8, 2010, a new interim rule requires contractors to report information about subcontract awards and the names and – of particular note – the salaries of the 5 highest-paid prime and subcontractor executives. The subcontract award information will be made publicly available at USASpending.gov, and the contractor executive compensation information will be posted to the Central… Government Finalizes Rule Requiring Posting of Sole Source JustificationsJuly 9, 2010 As we reported previously, the Government must use “full and open competition” when it purchases goods or services unless one of seven primary exceptions is met. When the Government decides to limit competition by using one of these exceptions, it must prepare a “Justification and Approval” (J&A) explaining its rationale. While these documents have always been “available…Bid Protests @ the Court of Federal Claims: The Judges’ TakeJune 28, 2010 On June 15, 2010 a panel of judges from the U.S. Court of Federal Claims (CoFC) shared insights into bid protest litigation at the court. The CoFC is one forum in which a disappointed bidder can protest the award of a federal procurement contract.
As opposed to the Government Accountability Office (GAO) – the other forum in which protests may be filed – the CoFC follows more formal… Congressional Investigations: Responding to Congressional Information RequestsJune 28, 2010 Receipt of a congressional subpoena is a scary moment for any company. In recent years, government contractors have come under congressional scrutiny not faced by commercial contractors. Congress, in an effort to combat fraud, waste, and abuse – or simply as an act of political theater – has called upon contractors working with federal agencies to produce documents or appear in person…Navy Announces Proposed Preferred Supplier ProgramJune 14, 2010 This October, the Navy plans to introduce a “Preferred Supplier Program” to reward contractors that have exhibited “exemplary performance” in the areas of cost, schedule, performance, quality, and business relations. Preferred Supplier Status (PSS) will provide contractors with better cash flow, profit, and contract terms. Importantly, PSS only impacts contract performance and will… New Regulation Requires Contractors to Post Labor Rights NoticesMay 27, 2010 On June 21, 2010, federal agencies will begin using contract clauses requiring contractors to post new workplace notices informing employees of their rights under federal labor laws. The Department of Labor’s recent final rule implements Executive Order 13496, which President Obama issued soon after taking office. The Obama policy revoked Executive Order 13201 and reversed the… IT Industry Focus: Congress Will Look to Private Sector to Enhance CybersecurityMay 26, 2010 Cybersecurity threats pose some of the most important challenges facing the United States today. However, unlike other types of critical infrastructure, cyberspace cannot be protected by the government alone. Congress is currently crafting a series of legislative initiatives that will use the federal government's procurement system to demand better cybersecurity features in…JK Attorney Publishes Article about Federal R&D FundingMay 11, 2010 Jackson Kelly attorney and blog contributor Eric Whytsell recently wrote an article appearing in the spring issue of Capacity magazine about federal R&D funding opportunities. In the article, Whytsell says, "despite the recently proposed spending ‘freeze,' the government will continue to make substantial R&D money available for the foreseeable future – through both contracts and… DoD Proposes Tightening Organizational Conflict of Interest (OCI) RulesMay 3, 2010 The Department of Defense (DoD) is proposing to amend its procurement regulations to “provide uniform guidance” and to “tighten existing requirements” for organizational conflicts of interest (OCI) in DOD contracts. Although the new rule implements § 207 of the Weapons Systems Acquisition Reform Act of 2009 (WSARA) (see our June 2009 post), it would apply to all non-COTS DOD… Congress Considers Reforming DoD Services and IT Acquisition [UPDATED]April 29, 2010 Legislation was introduced in the U.S. House of Representatives last week that would significantly change the way the Department of Defense purchases services and information technology. The bill’s focus reflects the new reality that services and IT now constitute the vast majority of what DoD buys. The legislation – the Implementing Management for Performance and Related Reforms to… |
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