Government Contracts MonitorShort Take: Cybersecurity Assistance for Small Businesses May Be on the HorizonOctober 4, 2016 Although the threat often goes unnoted in stories about high-profile breaches of big businesses and government entities, the impact of a cyber incident on small businesses is potentially overwhelming. A recent report from Kaspersky Labs concluded that the average cost of a cybersecurity incident incurred by small and medium businesses is $86,500. Many small businesses confronted with such costs… The Sun Sets on GAO’s Civilian Agencies Task Orders JurisdictionOctober 4, 2016 Although Congress failed to pass a federal budget for Fiscal Year 2017 (FY17), which began on October 1, both the House and Senate passed a Continuing Resolution (CR) that will continue to fund government agencies through December 9, at fiscal year 2016 spending rates, thereby avoiding a federal government shutdown. Operating under a CR creates significant uncertainties for federal agencies, as… When a Solicitation is Cancelled, Should an Offeror Protest?September 27, 2016 Given the high cost of preparing a proposal in response to a government solicitation, an agency’s cancellation of a procurement can be both frustrating and disappointing. However, as the recent Government Accountability Office (GAO) opinion in Medfinity LLC, B-413450 (September 9, 2016) makes clear, it is exceedingly difficult to prevail on a protest challenging an agency’s decision to cancel a… Short Take: Federal Minimum Wage for Contractors Increasing to $10.20 in 2017September 27, 2016 On September 19, 2016, the Department of Labor (DoL) released guidance on the impending increase in the minimum wage for contractors performing work covered by Executive Order (EO) 13658. The EO was signed in 2014 and raised the minimum wage to $10.10 per hour as of January 1, 2015. It also established a procedure for determining the amount of annual minimum wage increases for each year going… When an Offeror and the Government Both Overlook a Material Requirement, There’s Still Hope for an Unsuccessful OfferorSeptember 19, 2016 Task orders issued off ID/IQ contracts, like all government contract awards, must materially comply with the terms of the task order solicitation. The “material” terms of a solicitation are those terms affecting the “price, quantity, quality, or delivery of the goods or services.” Additionally, sometimes the terms of the underlying contract can be relied upon by a protestor to make its case that… Short Take: New Self-Assessment for Cybersecurity Risk Management ToolSeptember 19, 2016 Last week, the National Institute of Standards and Technology (NIST) released a draft of its new Baldrige Cybersecurity Excellence Builder, another component in NIST’s cybersecurity framework. The Cybersecurity Excellence Builder is based on NIST’s Baldrige Performance Excellence Program. NIST’s Baldrige Program, a partnership between the public and private sectors, is dedicated to organizational… Short Take: Uncertainty Remains Over 2017 NDAASeptember 13, 2016 As Congress returned to session last week, the only certainty with regard to the 2017 Defense budget is more uncertainty. A third attempt to vote on the Senate’s version of the bill was blocked last week by filibuster, despite the bill’s passing the bipartisan Senate Appropriations Committee several months ago. The House has passed its own version of the NDAA, but even if the Senate is able to… DOD Issues New Guidance on Commercial Item DeterminationsSeptember 13, 2016 On September 2, 2016, Defense Procurement and Acquisition Policy (DPAP) Director, Claire M. Grady, issued a guidance memo concerning commercial item determinations and the determination of price reasonableness for commercial items. The memo begins by noting the proposed rule issued August 11, 2016 under DFARS Case 2016-D006 implementing Sections 851-853 and 855-857 of the FY 2016 National Defense… 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… ABA Public Contact Section Elects New Council MembersSeptember 6, 2016 At the American Bar Association’s Annual Meeting last month in San Francisco, the Section of Public Contract Law elected four new members to three-year terms on its governing Council. The new members include: Eric Whytsell of Jackson Kelly PLLC; Judge Marian Blank Horn of the U.S. Court of Federal Claims; Bryant Snee, Deputy Director – Commercial Litigation, U.S. Department of Justice; and Marine… Short Take: GSA Expands Cybersecurity Opportunities under Schedule 70August 30, 2016 The General Services Administration (GSA), a central procurement source available for all federal agencies, has released a draft solicitation for four new Special Item Numbers (SINs) for Highly Adaptive Cybersecurity Services (HACS). The new HACS SINs will be available under GSA’s Schedule 70 Indefinite Delivery/Indefinite Quantity (ID/IQ) contract, which covers IT services. Federal agencies can… The Entity May Exist, but Is It Approved? The Complex World of Joint Ventures and 8(a) AwardsAugust 30, 2016 The 8(a) set-aside program of the Small Business Administration (SBA) provides small businesses with contracting opportunities that might otherwise be far beyond their reach. An 8(a) award is ultimately between the agency and the SBA, with the successful offeror acting as a subcontractor to the SBA and performing the contractor. Significantly, the program allows 8(a) entities to combine resources… |
|
© 2025 Jackson Kelly PLLC. All Rights Reserved.