Government Contracts MonitorProcurement News and AnalysisDebarments and Debarment Authority on the MoveMay 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… DoD Moves to Restrict Definition of Commercial ItemMay 9, 2012 In a proposal sent to Congress on March 28, 2012, the Department of Defense (DoD) recommended that Congress amend the statutory definition of “commercial item” in 41 U.S.C. §103. A copy of the proposal can be found here. The DoD proposal would alter the current definition by adding two related restrictions. First, the proposal would restrict the definition of commercial items… Obtaining and Retaining Rights In Federally Financed Inventions after Stanford v. RocheApril 9, 2012 Last June, the United States Supreme Court made clear in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., 131 S. Ct. 2188 (2011), that the Bayh-Dole Act does not automatically vest ownership to an invention discovered with the aid of federal funding in the hands of a federal contractor, in that case, a university. (Click here to read Jackson… Federal Judge Strikes Down Enforcement Provisions of National Labor Relations Board’s “Notification of Employee Rights Under the National Labor Relations Act” RegulationsMarch 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,… GAO Sustains Price Realism ProtestMarch 28, 2012 The GAO recently sustained a price realism protest where the agency failed to consider the proposed prices of all technically acceptable offerors. Digital Technologies, B-406085 (Feb. 6, 2012), available here. The RFP requested proposals for a fixed price contract with a 6-month base period and four 1-year options for computer maintenance and support. According… SBA Increases Small Business Size Standards for 22 Industries in NAICS Sectors 48-49, “Transportation and Warehousing,” Effective March 26, 2012March 21, 2012 The U.S. Small Business Administration (“SBA”) recently issued a new Final Rule, effective March 26, 2012, increasing the small business size standards for 22 industries in NAICS Sectors 48-49, “Transportation and Warehousing.” Small Business Size Standards: Transportation and Warehousing, 77 Fed. Reg. 10943 (Feb. 24, 2012). These increases will enable many formerly small companies… Suspension & Debarment Gets A Push From OMBMarch 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:
DCAA Increases Focus on Costs Associated with Lobbying and EarmarksMarch 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,… SBA Increases Size Standards for NAICS Sector 54 and NAICS Code 811212, Effective March 12, 2012March 8, 2012 The U.S. Small Business Administration (“SBA”) recently issued a new Final Rule, effective March 12, 2012, increasing the small business size standards for 34 industries and 3 sub-industries in NAICS Sector 54, “Professional, Technical and Scientific Services,” as well as for NAICS Code 811212, “Computer and Office Repair and Maintenance.” Small Business Size Standards: Professional,… Federal Circuit Clears Up Jurisdiction Confusion at the Board of Contract AppealsMarch 5, 2012 In Engage Learning, Inc. v. Salazar, No. 2011-1007 (Fed. Cir. Oct. 5, 2011), the United States Court of Appeals for the Federal Circuit clarified that when a contractor alleges the existence of an express or implied-in-fact contract with the government, that allegation is enough for a Board of Contract Appeals to have jurisdiction under the Contract Disputes Act (CDA). The Board should… Employee or Independent Contractor? Getting Worker Classification Right” presentation at ASA Business Forum and ConventionFebruary 16, 2012 Michael Schrier will be a presenter at the upcoming American Subcontractors Association (ASA) Business Forum and Convention 2012 on March 1-3, 2012 in San Antonio, Texas. Mr. Schrier’s presentation titled, “Employee or Independent Contractor? Getting Worker Classification Right” will discuss how the IRS and states enforce classification rules and available resources to help you… Jackson Kelly attorney helps CODSIA oppose and obtain withdrawal of the Department of Agriculture’s “Direct Final” and “Proposed” Rules on “Labor Law Violations.”February 15, 2012 Jackson Kelly attorney Hopewell Darneille recently helped prepare comments submitted by the Council of Defense and Space Industry Associations (“CODSIA”) opposing the United States Department of Agriculture (“USDA”) Acquisition Regulation (“AGAR”) proposed new Clause 452.222-7001, “Labor Law Violations.” USDA’s proposal was published in the Federal Register on December 1, 2011, as both a “direct… |
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