Government Contracts MonitorProcurement News and AnalysisCyber Incident Reporting for Private EntitiesAugust 15, 2016 In a move that reflects the federal government’s continuing emphasis on the security of cyber networks and content, the Department of Homeland Security (DHS) recently published a unified statement instructing private sector entities on the basics of reporting cyber incidents. According to the statement, private entities that fall prey to cyber incidents can benefit from federal government… Short Take: DPAP Acquisition Scorecard, Third QuarterAugust 15, 2016 On August 11, the Office of the Undersecretary for Defense, Acquisition, Technology and Logistics (OUSD/ATL) released its Acquisition Compliance Scorecard for the third quarter of fiscal year 2016. The report analyzed several DoD Agencies’ compliance with procurement regulations in three areas: competition, past performance, and inclusion of the new DFARS clause 252.204-7012, Safeguarding Covered… Short Take: Final FAR Rule Addressing SBA Regulatory ChangesJuly 18, 2016 On July 14, the DoD, GSA and NASA finalized a rule to amend the FAR, implementing regulatory changes to the federal government’s policy on small business subcontracting. The changes reflect new regulations issued by the Small Business Administration (SBA) in 2013 that stemmed from the 2010 Small Business Jobs Act. The final rule, which takes effect November 1, calls for significant changes to the… Perilously Pricey Protests – Which Way Will Congress Go?July 17, 2016 On June 14, 2016, the Senate passed the National Defense Authorization Act for Fiscal Year 2017, S. 2943 (NDAA). The bill includes what Senator Harry Reid characterizes as “several needed reforms” notably, for our readers, bid protest reforms. The bill includes language that would amend statutes related to bid protests filed with the Government Accountability Office (GAO) to require a “loser… Short Take: Treasury Decreases Prompt Payment & Contract Disputes Interest Rates, Effective 7/1/16July 11, 2016 The Treasury Department has announced in the Federal Register Notice that the Prompt Payment Act interest rate is being decreased to 1-7/8% per annum for the period of July 1, 2016 through December 31, 2016. 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… Short Take: FCA Civil Penalties Adjusted Upward for InflationJuly 5, 2016 The US Department of Justice (DOJ) recently issued an interim final rule increasing the range of penalties for violations of the False Claims Act, 31 U.S.C. §3729 et seq. (FCA). In accordance with the Bipartisan Budget Act of 2015, DOJ has adjusted for inflation the civil monetary penalties assesssed or enforced by DOJ components. As a result, the penalty range for FCA violations has changed from… Timing Is Everything When Considering Service Contract Act Price Adjustments Based on CBAsJuly 5, 2016 Although it may seem unusual, when an agency exercises an option on a contract incorporating the Service Contract Act (SCA), the option is considered a successor contract for the purposes of applying the SCA provisions. In other words, the contractor becomes its own successor, which in some cases may entitle it to a contract price adjustment for increased wages and fringe benefits. As the CBCA… Short Take: Annual Report on the Status of Federal Suspension and DebarmentJune 19, 2016 Every year, the Interagency Suspension and Debarment Committee (ISDC) reports to Congress concerning statistics on federal suspension and debarment. The ISDC released 2016’s annual report on June 15. The 10 page release shows that federal agencies completed a total of 918 suspension actions and 1,873 debarments in FY 2015. These figures are somewhat lower than those reported in 2014, when 1,009… Short Take: New Rule on Paid Sick Leave for Federal ContractorsJune 13, 2016 The Seminannual Agenda of Regulations issued by the Department of Labor (DoL) describes the DoL’s plans for implementing the terms of Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, which the President issued on September 7, 2015. According to the Agenda, the DoL’s final rule should be issued in September, and will require executive departments and agencies to… Short Take: DPAP Acquisition Compliance ScorecardJune 6, 2016 On May 18, the Office of the Undersecretary for Defense, Acquisition, Technology and Logistics (OUSD/AT&L) released its Acquisition Compliance Scorecard for the second quarter of fiscal year 2016. The report analyzed several Department of Defense (DoD) Agencies’ compliance with procurement regulations in three areas: competition, past performance, and including the new DFARS clause 252.204-7012,… Short Take: Simplified Acquisition Threshold Doubles for Certain Overseas AcquisitionsMay 15, 2016 Today, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a final rule to amend the Federal Acquisition Regulation (FAR) to implement a section of U.S. Code which establishes a higher simplified acquisition threshold (SAT) for overseas acquisitions in support of humanitarian or peacekeeping operations. As… Short Take: Baltimore Construction Firm Pays $100,000 to Settle Discrimination ClaimsMay 9, 2016 The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a settlement with Asbestos Specialists, Inc. (ASI), a Baltimore-based company that specializes in asbestos removal and demolition in the Washington, D.C. area. ASI has agreed to pay $100,000 and furnish significant equitable relief to resolve a charge of national origin harassment filed with the EEOC and a Department of… |
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