Government Contracts MonitorProcurement News and AnalysisShort 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 WageDecember 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 NumberedNovember 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… DCMA versus DCAA Cost Analysis Functions – Who Is Functioning?November 2, 2015 The Inspector General for the Department of Defense (DoD IG) just completed an evaluation of the corrective actions taken by several DoD components, including the Defense Contract Management Agency (DCMA), in response to the IG’s 2012 Report finding significant shortcomings in the “alignment” of DCMA findings with those of the Defense Contract Audit Agency (DCAA). DoD IG Report 2016-005.… Short Take – Minimum Wage Increases to $10.15 Effective January 1, 2016October 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… Possible Federal Government Shut-Down – Actions to Take NowSeptember 28, 2015 Could it really happen again? Are Congressional memories so short that members don’t recall the high costs and disruption, as well as the public fear, frustration and anger with the last shut-down two years ago? Representative Boehner assured the nation this past Sunday that a shut-down won’t happen, and his unexpected decision to step down towards the end of next month may give him… Short Take: DOD Keeps on SpendingSeptember 21, 2015 The FY16 DOD budget request represents a 4% increase over last year’s budget. But FY16 will be the first year where DOD’s spending will be subject to budgetary caps. That is, DOD has to make certain its spending does not exceed the caps, failing which it will trigger mandatory cuts. At this point it looks like DOD plans to increase its investment in three important areas: (i) cybersecurity (e.g.,… Sick of Requirements? Get Ready for “Paid Sick Leave” for Federal ContractorsSeptember 14, 2015 President Obama used Labor Day to announce a new Executive Order mandating up to seven days a year paid sick leave for employees working on covered federal contracts, awarded on or after January 1, 2017. This action continues the President use of Executive Orders to further his political agenda and impose new burdens uniquely on government contractors and subcontractors that he cannot get… Short Take: SBA Authorizes WOSB Sole-Source AwardsSeptember 14, 2015 The Small Business Administration (SBA) has issued its eagerly-awaited Final Rule implementing the new sole source award authority for Women-Owned Small Businesses (WOSBs). The Final Rule essentially adopts and follows the Proposed Rule, previously discussed here. Most importantly, the Final Rule authorizes sole source awards in industries identified by SBA in which WOSBs are underrepresented or… Short Take – Contractor Groups Cry “Uncle!”September 8, 2015 If you’re feeling overwhelmed by the Obama Administration’s recent string of Executive Orders imposing more and more requirements on you as a government contractor, you’re not alone. Last month, a group of prominent contractor organizations sent a letter to senior White House advisors asking for relief from the seemingly incessant flow of federal contractor-focused executive actions. Citing… Sharpen Your Pencils: DoD Drives Down Prices on GSA Schedule BuysAugust 24, 2015 Claire M. Grady, Director of Defense Procurement and Acquisition Policy, recently issued a Memorandum encouraging the proper use of General Services Administration (GSA) Federal Supply Schedule contracts and offering “focus points and policy clarifications” to Department of Defense (DoD) activities attempting to achieve that goal in the waning months of FY2015. As the Memorandum notes,… Short Take: Treasury Increases Prompt Payment & Contract Disputes Interest RatesJuly 27, 2015 The Treasury Department has announced that the Prompt Payment Act interest rate is being increased to 2 3/8 % per annum for the period of July 1, 2015 through December 31, 2015. 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… |
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