Government Contracts MonitorSubcontracting<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 TransparencyDecember 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… DoD Issues Final Rule on Cyber Incident Reporting for ContractorsOctober 18, 2016 The Department of Defense (DoD) recently issued its Final Rule outlining the mandatory cyber incident reporting requirements for DoD contractors and subcontractors, as well as other members of the Defense Industrial Base (DIB) (entities with grants, cooperative agreements, other transaction agreements, technology investment agreements, and any other type of legal instrument or agreement) doing… FAR Council and DOL Publish Final Rule and Guidance on Fair Pay and Safe WorkplacesSeptember 6, 2016 Two years after President Obama signed Executive Order (EO) 13673, “Fair Pay and Safe Workplaces”, the FAR Council has published the final rule implementing it. The Department of Labor (DOL) has also published the final version of its implementing guidance for the rule. Jackson Kelly initially wrote about the EO’s implementation last year when the DOL published its proposed guidance. The EO has… New ABA Guide to Fixed-Price Supply Subcontract Terms and Conditions Available NowAugust 28, 2016 The 5th Edition of the Guide to Fixed-Price Supply Subcontract Terms and Conditions is now available from the American Bar Association. The Guide provides a complete roadmap for drafting and negotiating subcontracts based on the terms and conditions of the Model Subcontract Form developed as a project of the ABA Section of Public Contract Law's Strategic Alliances, Teaming, and Subcontracting… 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… Remember, the RFP Is Your Touchstone in Both Structuring Your Proposal Team and Selecting Past Performance ExamplesMay 10, 2016 The solicitation is always your quintessential touchstone, in both constructing your proposal team and preparing your response, including particularly demonstrating your experience and selecting your past performance examples. You therefore need to carefully review the solicitation, and understand both what the agency says it wants, and what it requires and is willing to consider in evaluating… Hopewell Darneille to Present at DYNET 2016, Fairmont, WV -- April 27, 2016March 20, 2016 Hopewell Darneille, of the Firm’s Washington, DC office, will be a presenter at the seventh annual Dynamic Networking for Small Business (DYNET) Conference, a federal and prime contracting event in Fairmont, West Virginia, on April 27, 2015 at the Robert H. Mollohan Research Center. Mr. Darneille will co-present a workshop on “Teaming, Joint Ventures, Subcontracting & Mentor-Protege Agreements in… Mentor/Protege Agreements – When Does Yours Expire; More Traps for the Unwary!March 14, 2016 Mentor-Protege Agreements (MPAs) are a hot topic right now, as we near the Small Business Administration (SBA)’s anticipated issuance of new regulations on a possible “universal” Mentor-Protege program that would extend SBA’s current 8(a) Mentor-Protege (M/P) rules (13 C.F.R. §124.520), to other socio-economic programs. However, as we have discussed from time-to-time, the rules governing… Sixth Circuit Rejects DOJ “Fairyland” Damages Theory, and Bases False Claims Act Damages on Actual Underpaid Davis-Bacon Act WagesFebruary 16, 2016 The U.S. Court of Appeals for the Sixth Circuit recently struck a ringing blow for common-sense, logic and reality in overturning a District Court’s $763,000 damages award in a case involving Davis-Bacon Act (DBA) wage underpayments of only $9,916. United States ex rel. Wall v. Circle C Construction, LLC, 6th Cir. Case No. 14-6150, decided Feb. 4, 2016. The Court flatly rejected what it… FAR Proposed Rule Would Bar Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & AbuseJanuary 25, 2016 The FAR Council has published a new Proposed Rule implementing Section 743 of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and anticipated successor provisions in future appropriations acts and continuing resolutions, prohibiting the use of appropriated or otherwise available funds for any contract, grant or cooperative agreement with an entity that requires… Showing a “Clear Fracture” Does Not Rebut Presumption of Affiliation Based on a Common Investments Identity of InterestJanuary 25, 2016 Small Business Administration (SBA) rules relating to the concept of “affiliation” can render an entity “other than small” for a wide variety of reasons. Unfortunately, as demonstrated by the recent decision of SBA’s Office of Hearings and Appeals (OHA) in Size Appeal of Tenax Aerospace, LLC, SBA No. SIZ-5701 (December 23, 2015), these rules are complex and often difficult to apply. The … |
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