Government Contracts MonitorContracting Rules and RegulationsShort Take: House-Passed FY15 NDAA Contains Important Small Business Provisions.June 13, 2014 On May 22, 2014 the U.S. House of Representatives passed House Resolution No. 4435, the National Defense Authorization Act (NDAA) for Fiscal Year 2015. This bill includes several important provisions that would materially impact small businesses if concurred in by the Senate and carried forward into law. Most importantly, under an amendment sponsored by the chair of the House Small… DoD Proposes New DFARS Clause Implementing Another Contractor Reporting RequirementJune 9, 2014 Last week, DoD issued a proposed rule to implement section 807 of the National Defense Authorization Act (NDAA) of FY2008. This rule will require contractors to annually report service contract data at the end of the Government’s fiscal year or the end of contract performance, whichever comes first. The rule will apply to all contracts above the simplified acquisition… Update: DOD Issues Final Rule on Detection and Avoidance of Counterfeit Electronic PartsMay 13, 2014 On May 6, 2014, the Department of Defense (DoD) issued a final rule on the Detection and Avoidance of Counterfeit Electronic Parts. The final rule includes several substantive changes from the proposed rule (which we discussed here), to address a number of industry concerns. The final rule, like the proposed rule, shifts the burden of detecting counterfeit parts from the Government to the… Late Proposal: GAO Takes an Equitable Rather than Technical ApproachMay 6, 2014 Generally, a proposal received after the deadline for receipt may not be considered for award: “Offerors are responsible for submitting proposals, and any revisions, and modifications, so as to reach the Government office designated in the solicitation by the time specified . . . .” FAR 15.208(a). The late proposal rule alleviates confusion and ensures equal treatment of offerors. GAO… Proposed Rule Would Expand Personal Conflicts of Interest LimitationsApril 29, 2014 On April 2, 2014, the FAR Councils issued a proposed rule implementing a section of the FY2013 National Defense Authorization Act (NDAA) by expanding the limitations on contractor employee personal conflicts of interest to apply to contractor employees performing all functions that are closely associated with inherently governmental functions(not just acquisition functions) and to contracts for… Contractors Assume The Risks That They Properly Priced A Firm Fixed Price ContractApril 25, 2014 It is a simple rule of government contracting: the contractor assumes the upside and downside risk involved in its firm fixed price contract pricing, unless very limited exceptions apply. The Federal Circuit recently provided another example to support this general rule in Lakeshore Engineering Services, Inc. v. United States, No. 2013-5094 (Fed. Cir. April 11,… DoD Paves the Way for Foreign-Owned U.S. ContractorsApril 15, 2014 DoD just issued an interim final rule for the protection of classified information disclosed to or developed by government contractors. The rule (i) implements policy, (ii) assigns responsibilities, (iii) establishes requirements, and (iv) provides procedures to protect this information. Among other things, the new rule establishes criteria for determining whether a contractor is… Short Takes: DOD Seeks Comments on the Unintended Adverse Impacts of Contracting Statutes and DOD RegulationsApril 4, 2014 The DOD Director of Defense Procurement and Acquisition Policy (DPAP) is currently conducting an assessment to identify impacts experienced by industry resulting from contracting statutes that do not achieve the intended benefits, and has invited public comments identifying (i) particular impacts associated with specific statutes, as well as (ii) candidate DFARS and component supplements… Short Takes: DOD Proposes to Update the ASBCA’s RulesMarch 25, 2014 DOD has issued a new Proposed Rule updating the Rules of the Armed Services Board of Contract Appeals (“ASBCA”), in their entirety, and is inviting comments on or before April 29, 2014. The proposed changes update, revise and reorder the Board’s Rules, and attempt to resolve ambiguities and remove contradictions. Among other things, the proposed rule provides updated… Short Takes: New Mentor-Protégé Programs Among SBA’s “Highest Regulatory Priorities” for 2014March 19, 2014 The Small Business Jobs Act of 2010, Pub. L. No. 111-240, § 1347(b)(3), authorized the Small Business Administration (SBA) to establish mentor-protégé programs for HUBZone, Service Disabled Veteran-Owned (SDVO) and Women-Owned small businesses, modeled on SBA’s existing 8(a) mentor-protégé program set forth in 13 C.F.R. § 124.520. Section 1641 of the National Defense Authorization… Interim Rule Addressing Open-Ended Indemnity and Unauthorized Obligations Is Now FinalMarch 12, 2014 Last June, the FAR Councils issued an Interim Rule aimed at clarifying that open-ended indemnification provisions in End-User license Agreements (EULAs), Terms of Service (TOS) and other agreements are not binding on the Government unless expressly authorized by law – and shall be deemed stricken from such agreements. On December 31, 2013, the interim rule became a Final… DOD Adopts Final Rule Enhancing Whistleblower Protections and Interim Rule on Contractor Access to Litigation InformationMarch 11, 2014 Contractors should be aware of two Rules recently adopted by DOD – both effective February 28, 2014. First, DOD adopted a final rule implementing statutory amendments enhancing whistleblower protections for contractor and subcontractor employees. Second, DOD issued an interim rule allowing its litigation support contractors access to a broad range of “litigation information,” including… |
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