Government Contracts MonitorContracting Rules and RegulationsContracts executed and performed entirely outside the United States – CAS now applies!August 26, 2011 The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, has issued a final rule eliminating the exemption regarding Cost Accounting Standards for contracts executed and performed entirely outside the United States, its territories, and possessions. 76 Fed. Reg. 49365-49368 (Aug. 10, 2011). The new rule takes effect October 11, 2011. The overseas exemption was… OFCCP Announces Intent To Create New Data-Collection ToolAugust 17, 2011 On August 10, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued an advance notice of proposed rulemaking. 76 Fed. Reg. 49398, available at http://www.gpo.gov/fdsys/pkg/FR-2011-08-10/pdf/2011-20299.pdf. The advance notice indicated OFCCP’s desire to create new rules to collect employee compensation data from federal service or supply… Department of Defense Issues New Source Selection ProceduresApril 4, 2011 The Department of Defense has issued new Source Selection Procedures. These procedures are effective July 1, 2011 for all acquisitions conducted under FAR Part 15. Appendix A, Lowest Price Technically Acceptable Source Selection Process, and Appendix B, Debriefing Guide, of the Procedures provide additional uniform guidance for the conduct of DoD acquisitions. DoD will…Text Messaging While Driving Prohibited For Federal ContractorsMarch 30, 2011 Last Fall, the Federal Government enacted new regulations requiring all federal contractors to institute new policies and procedure prohibiting contractor employees from texting while driving federal government vehicles or while driving private vehicles when performing work on federal contracts. 48 C.F.R. § 52.223-18(c) states that federal contractors should adopt and enforce policies… New Rule Requires Contractors to Report Executive Compensation and Subcontractor InformationJuly 23, 2010 Effective July 8, 2010, a new interim rule requires contractors to report information about subcontract awards and the names and – of particular note – the salaries of the 5 highest-paid prime and subcontractor executives. The subcontract award information will be made publicly available at USASpending.gov, and the contractor executive compensation information will be posted to the Central… Government Finalizes Rule Requiring Posting of Sole Source JustificationsJuly 9, 2010 As we reported previously, the Government must use “full and open competition” when it purchases goods or services unless one of seven primary exceptions is met. When the Government decides to limit competition by using one of these exceptions, it must prepare a “Justification and Approval” (J&A) explaining its rationale. While these documents have always been “available…New Regulation Requires Contractors to Post Labor Rights NoticesMay 27, 2010 On June 21, 2010, federal agencies will begin using contract clauses requiring contractors to post new workplace notices informing employees of their rights under federal labor laws. The Department of Labor’s recent final rule implements Executive Order 13496, which President Obama issued soon after taking office. The Obama policy revoked Executive Order 13201 and reversed the… OFPP Administrator Dan Gordon Discusses Redefining the Contractor-Government RelationshipFebruary 22, 2010 On Thursday night, Dan Gordon commented on the need to "redefine" the relationship between the federal government and its contractors. Mr. Gordon was recently appointed by the Obama administration to head the Office of Federal Procurement Policy (OFPP), the federal government's procurement policy maker. Mr. Gordon said that over the past 15-20 years, contractors have become critical to the…Executive Order Seeks to Limit Displacement of Qualified Workers Performing Service ContractsMay 29, 2009 On January 30, 2009, President Obama signed Executive Order 13495 (“Order”), which affects a contractor’s or subcontractor’s ability to hire new employees when a contract to provide services to the Federal Government expires and a new contract for the same services is awarded to a different contractor. Specifically, the Order applies to service contractors and subcontractors providing similar… |
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