Government Contracts Monitor

Short Take: Trump Administration Plans May Mean Further Pressure on Many Government Acquisition Professionals

November 15, 2016

In his Contract with the American Voter, President-Elect Trump pledged to immediately pursue, among other things, “a hiring freeze on all federal employees to reduce the federal workforce through attrition (exempting military, public safety, and public health).” It remains to be seen whether and to what extent this goal may change during the new administration’s transition into power. But the…

Short Take: GSA Cyber SINs Up and Running

November 8, 2016

Jackson Kelly recently reported on the General Services Administration’s (GSA) solicitation for four new Special Item Numbers (SINs) for Highly Adaptive Cybersecurity Services (HACS). The new HACS SINS cover four areas:  Penetration Testing, Incident Response, Cyber Hunt, and Risk and Vulnerability Assessment. 

The HACS SINs are now available under GSA’s Schedule 70, which covers IT services. GSA…

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…

Contract Disputes: Clarity of Presentation Matters

October 25, 2016

Faced with the daunting process of legally resolving a contract dispute, contractors too often forget one of the strongest tools at their disposal (and one over which they have the most control): a clear presentation of their case so that, ideally, the dispute can be resolved at the agency level. Of course, resolution with the agency is not always possible, which is all the more reason…

Short Take: FAR Council Issues Final Rule on Contract Restrictions Based on Felony Convictions and Delinquent Taxes

October 24, 2016

The Federal Acquisition Regulation (FAR) Council recently adopted its previously proposed restrictions on federal agencies’ ability to enter into contracts with corporations having a delinquent federal tax liability or a felony conviction under any federal law. The final rule, which took effect on September 30, 2016, establishes an outright prohibition against contracts where either of these…

Federal Lawsuit Challenges Fair Pay and Safe Workplaces Reporting Requirements

October 18, 2016

The Final Rule implementing Executive Order 13673, Fair Pay and Safe Workplaces, is due to take effect on October 25.  Jackson Kelly has previously written about the new rule, and many federal contractors are struggling to understand which provisions apply to them and when they will take effect.  The reporting requirements mandated by the rule are set to phase in over a two year period and will…

DoD Issues Final Rule on Cyber Incident Reporting for Contractors

October 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…

A Tale Of Two Protests: Cost Claims at the GAO

October 11, 2016

Two recent decisions highlight the importance of the record to GAO’s consideration of claims for protest costs where the agency takes corrective action before GAO issues a decision. In such circumstances, a protestor can prevail on its cost claim if the agency’s corrective action is unduly delayed and the protestor’s claim is “clearly meritorious.” But the consideration of a protest’s merit is…

Short Take: GSA Releases Audit Report of its Purchase Card Program

October 11, 2016

The General Services Administration (GSA) performed a routine annual audit of its Government Purchase Card (GPC) program, analyzing transactions from Fiscal Year 2015 (FY15). Under the GPC program, cardholders procured $27.5 million worth of goods and services for GSA in FY15, down nearly 8 percent from the previous year’s use. Overall card use has decreased every year since 2011, when GSA card…