Government Contracts Monitor

FAR Final Rule Bars Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

January 23, 2017

The FAR Council has published a Final Rule, effective January 19, 2017, prohibiting the use of appropriated or otherwise available funds for any contract, grant or cooperative agreement with an entity that requires its employees or subcontractors to sign internal confidentiality agreements or statements that prohibit or otherwise restrict the lawful reporting of fraud, waste or abuse to a…

Short Take: Final Rule Increases Simplified Acquisition Threshold for Emergency Procurements

January 23, 2017

The Department of Defense (DoD), General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) issued a Final Rule raising the acquisition threshold for Special Emergency Procurement Authority, modifying the Federal Acquisition Regulation (FAR) as required by the 2016 National Defense Authorization Act (NDAA-16).  The rule raises the simplified acquisition…

Short Take: Department of the Treasury Updates Prompt Payment Act Interest Rate

January 10, 2017

The Department of the Treasury has updated the Prompt Payment Act Interest Rate for the first half of calendar year 2017. The new rate has increased from 1.875 percent to 2.5 percent per year. Under the Contract Disputes Act (CDA), when prevailing on a monetary contract dispute, a contractor is entitled to recover simple interest, calculated at the applicable rate for every six-month period, on…

Mandatory Paid Sick Leave for Federal Contractors Takes Effect

January 3, 2017

As Jackson Kelly has previously reported, there is significant uncertainty regarding which of the many Executive Orders signed by President Obama will still be binding after President Trump’s inauguration later this month; but some things will not change, at least in the short term. One of those is the new requirement, from Executive Order 13706, that federal contractors provide paid sick leave…

<center>New Year’s Resolutions, 2017</center>

January 3, 2017

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 2017.

        1.    Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies…

Short Take: New Year, New Regulations—What Contractors Need to Know About Paycheck Transparency

December 20, 2016

Although there is still some uncertainty as to which of President Obama’s many Executive Orders will be implemented once the Trump administration is in place, there are a few regulations that will take effect before the inauguration, and for which contractors therefore need to prepare.  One such requirement, regarding paycheck transparency for government contract employees, is set to take effect…

Draft 2017 NDAA: Some Highlights

December 14, 2016

Following months of uncertainty and debate, the House and Senate have both approved the draft 2017 National Defense Authorization Act (NDAA), funding the Defense Department through the end of fiscal year 2017 (FY17).  The FY17 NDAA contains a number of significant provisions that promise to impact government contractors in significant ways. This article discusses several of them.

Section 217 of the…

Don’t Invoice the Government for What You Haven’t Done

November 29, 2016

Last week, the Department of Justice (DOJ) announced that it had reached a settlement with Bechtel National Inc., Bechtel Corp., URS Corp. (predecessor in interest to AECOM Global II LLC) and URS Energy and Construction Inc. (now known as AECOM Energy and Construction Inc.). In the press release, DOJ announced that the contractors have agreed to pay $125 million to resolve allegations under the…

The CPARS Process: Engage Early and Often

November 8, 2016

As federal contract dollars become more and more scarce, contractors must aggressively posture themselves to win contracts. Since past performance often plays a key role in source selection, a poor past performance rating can have far-reaching impacts. Fortunately, the Contractor Performance Assessment Reporting System (CPARS) process allows contractors to be actively engaged in ensuring that…

Short Take: Final Rule Consolidates Hotline Posters

November 2, 2016

Effective October 21, the Department of Defense (DOD) allows federal contractors to consolidate several Hotline Posters required for contracts exceeding $5.5 million that are not procured as commercial items under FAR part 12. The requirement also flows down to subcontractors. The Final Rule modifies DFARS Clause 252.203-7004 (Display of Hotline Posters). Before the Rule was published, this…

Defense Department Issues Final Rule Modifying DFARS Provisions on System Security, Cyber Incident Reporting, Cloud Computing, and Network Penetration

November 1, 2016

The DOD recently adopted as final, with changes, an interim rule implementing several provisions from the 2013 and 2015 National Defense Authorization Acts and the 2014 Intelligence Authorization Act.  The final rule, which took effect on October 21, 2016, addresses contractor reporting on network penetration and provides guidance on the procurement of cloud services.    

The final rule makes a number…

Short Take: Federal Court Enjoins Fair Pay and Safe Workplaces Reporting Requirements

November 1, 2016

Jackson Kelly previously reported on a lawsuit challenging the new reporting scheme mandated by federal contractors under Executive Order (EO) 13673, Fair Pay and Safe Workplaces. Filed in the US District Court for the Eastern District of Texas, the suit sought to enjoin the US Government from enforcing the EO’s widely-criticized and extensive reporting requirements. 

Last week, the Court ordered…