Government Contracts MonitorNew 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: The Widespread Use of Legacy Systems and Hardware in the US GovernmentAugust 23, 2016 Last week, Dell released the results of its 2016 online survey of the state of IT trends in the federal government. The survey’s 100 participants were IT decision-makers and Business Decision Makers, and it was part of a larger international report on Global IT decision making in the public and private sector. The survey found that federal agencies are still largely reticent to use cloud-based… If You Want Extra Credit, Ask In Advance: Threshold Goals vs. Comparative RatingsAugust 23, 2016 Before a contractor offers more than the solicitation requires, it should first confirm that it will receive credit for going above and beyond. This is particularly true where the solicitation lays out a clear evaluation scheme and identifies certain evaluation factors as threshold criteria rather than factors to be rated comparatively, with more credit given for exceeding requirements. As the… Cyber Incident Reporting for Private EntitiesAugust 15, 2016 In a move that reflects the federal government’s continuing emphasis on the security of cyber networks and content, the Department of Homeland Security (DHS) recently published a unified statement instructing private sector entities on the basics of reporting cyber incidents. According to the statement, private entities that fall prey to cyber incidents can benefit from federal government… Short Take: DPAP Acquisition Scorecard, Third QuarterAugust 15, 2016 On August 11, the Office of the Undersecretary for Defense, Acquisition, Technology and Logistics (OUSD/ATL) released its Acquisition Compliance Scorecard for the third quarter of fiscal year 2016. The report analyzed several DoD Agencies’ compliance with procurement regulations in three areas: competition, past performance, and inclusion of the new DFARS clause 252.204-7012, Safeguarding Covered… Short Take: SBA Revises HUBZone Rules to Implement Changes in 2016 NDAAAugust 8, 2016 The U.S. Small Business Administration (SBA) recently announced a final rule making several amendments to the HUBZone Program designed to implement section 866 of the National Defense Authorization Act for Fiscal Year 2016 (2016 NDAA). Like Section 866 of the 2016 NDAA, the rule expands the HUBZone program to assist small businesses in disaster areas and base closure areas and provides equal… Suspicions Alone Are Not Enough for an OCI at GAOAugust 8, 2016 As government contractors gain experience and develop their skills, they often reap the hoped-for reward: more contracts. But when success comes in the form of future awards, contractors (and the agencies with which they consistently do business) must always be on the lookout for potential organizational conflicts of interest (OCI). Determining whether an OCI exists can be a tricky endeavor, as… Short Take: FAR Council Updates Standard Forms for BondsAugust 1, 2016 The FAR Council recently issued a final rule amending five standard forms prescribed by the Federal Acquisition Regulation (FAR) for contracts involving bonds and other financial protections. The revisions are aimed at expanding the options for organization types and clarifying liability limitations. More particularly, the new rule addresses the concerns by surety bond producers that they may be… Reasonable and Related to the Evaluation Criteria: Beyond Checking the Boxes in A&E ProposalsAugust 1, 2016 After an unsuccessful bid, disappointed bidders sometimes present hyper-technical protests in a passionate, yet misplaced, attempt to protect their economic interests. Many of these protests ignore the wide discretion GAO gives to agencies in their evaluation pf proposals, and ultimate selection of an awardee. Bidders on Architecture and Engineering (A&E) contracts must be particularly aware that… Short Take: SBA Makes Available Online SBIR and STTR TutorialsJuly 25, 2016 Last week the U.S. Small Business Administration released its highly anticipated online tutorials to help small businesses navigate the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The mobile-compatible site is free and allows users to learn about the programs through a combination of videos and text. The SBA hopes that the new site will help… New GSA Transactional Reporting Rule Substantially Changes FSS and GWACs ContractingJuly 24, 2016 The General Services Administration (GSA) has issued its final rule significantly revising the General Services Acquisition Regulation (GSAR) to add the new transactional data reporting requirement. The rule imposes new reporting requirements on contractors holding certain Federal Supply Schedule (FSS) contracts, Government-wide Acquisition Contracts (GWACs) and Government-wide Indefinite… 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… |
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