The 2016 National Defense Authorization Act (NDAA-16), 15 U.S.C. § 632(a)(9), authorizes SBA’s Office of Hearings and Appeals (OHA) to hear administrative challenges seeking reconsideration of NAICS Code size standards promulgated by SBA, “us[ing] the same process [OHA] uses to decide challenges to the size of a small business concern.” Id., § 632(a)(9)(A) & C). Such requests are to be filed “not…
The Department of Defense (DoD) recently issued new guidance concerning the proper selection of contract type for use in procurements. The “Guidance on Using Incentive and Other Contract Types” will be posted within the DFARS Procedures, Guidance and Information (PGI) at DFARS PGI 216.104.
In her April 1, 2016 issuing memorandum, Claire M. Grady, Director of Defense Procurement and Acquisition…
On March 11, 2016, the Office of Management and Budget (OMB) published a Federal Register notice seeking public comment on a draft memorandum entitled, “Federal Source Code Policy — Achieving Efficiency, Transparency, and Innovation through Reusable and Open Source Software.’’ The notice explains that the Administration’s Second Open Government National Action Plan committed to adopting a…
Representative Rosa DeLauro (D – Connecticut) intends to introduce a bill before the 114th Congress that will broaden the powers of the Committee on Foreign Investment in the United States (CFIUS), a United States government committee tasked to review business transaction that result in foreign ownership of US corporations. At present, CFIUS is directed to review transactions to determine…
As we have discussed, contractors must pay careful attention to, and comply strictly with, timeliness and related submission requirements, whether in the claims or bid protests context. This is not a one-way street, however. Government contracting officers also must comply strictly with such requirements. The equal application of these principles is reflected in two recent decisions…
We all know that time is of the essence in government contracting. Compliance with time deadlines is critical, and missing the same can cost you big time, whether in lost work, lost rights or worse. A threshold issue is how you receive and respond to government communications, since it is receipt, whether by hand, mail, email or fax, that triggers your obligation to respond. What procedures do…
Last week, the Department of Defense (DoD) issued an advance notice of proposed Rulemaking (81 Fed. Reg. 6844) seeking information it hopes will aid in crafting a revision to Defense Federal Acquisition Regulation Supplement (DFARS) to ensure uniformity in the manner by which DoD evaluates “the use substantial future independent research and development (IR&D) expenses as a means to reduce…
The Small Business Administration (SBA) has published a Final Rule, effective January 25, 2016, adopting, as issued, SBA’s 2014 Interim Final Rule, previously discussed here, increasing SBA’s monetary-based size standards to account for inflation since 2008. These adjustments, which resulted in size standard increases of approximately 8.73% (rounded to the nearest $500,000), were made…
Year-end 2015 brought two important developments for Women-Owned Small Businesses (WOSBs), that provide new business opportunities, as well as some uncertainty, as we start 2016. First, the FAR Council issued its eagerly-awaited Interim Rule authorizing sole source awards to WOSBs in appropriate circumstances. This new authority, which is effective immediately, levels the playing field between…
The Treasury Department has announced that the Prompt Payment Act interest rate is being increased to 2-1/2% per annum for the period of January 1, 2016 through June 30, 2016. 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…
On December 30, 2015, the Department of Defense issued a new interim rule (80 FR 81472) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to give contractors additional time to implement security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171. This second interim rule amends DFARS 252.204–7008, Compliance…
Reassess Your Size Status, Update Your DSBS and SAM Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings
Happy New Year! The start of a new year is a time for New Year’s Resolutions. Here are several we strongly urge you to follow-through on early in 2016.
1. Reassess Your (and Any Subcontractors’) Small Business Size Status: Most…
