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Government Contracts Monitor

Procurement News and Analysis

Possible Federal Government Shut-Down – Actions to Take Now

As President Trump approaches the end of his first 100 days, there is a risk that the Federal Government could shut-down starting at midnight this coming Friday, when current funding expires. Congress, which is finally back from its two-week Easter recess, is working on both a short one- or two- week interim extension, as well as a longer extension through the end of the current Government fiscal…

The “Buy American and Hire American” Executive Order Is Here; Stay Tuned for What It Means for Federal Contractors and Grant Recipients

This Tuesday, President Trump signed a new Executive Order in Kenosha, Wisconsin. Speaking to a group of technical students and manufacturing employees prior to the signing ceremony, the President explained that the Order would “aggressively promote [the] use of American-made goods” and “ensure that American labor is hired to do the job.” Senior administration officials took up the President’s…

GAO Recommends DOD Act to Ensure that Its Pilot Mentor/Protégé Program Enhances the Capabilities of Protégé Firms

The Government Accountability Office (GAO) has identified a number of problems in DOD’s Pilot Mentor-Protégé Program, including a lack of standard operating procedures that DOD components are required to follow to approve Mentor-Protégé Agreements (MPAs), resulting in many MPAs not including required elements necessary to ensure the Protégé's eligibility and Program compliance. GAO further…

Fair Pay and Safe Workplaces Regulations Nullified and Underlying Executive Order 13673 Revoked

On Monday, March 27, 2017, President Trump signed House Joint Resolution 37, repealing and nullifying the Fair Pay and Safe Workplaces final rule issued last August, implementing President Obama’s Executive Order 13673 (Fair Pay and Safe Workplaces). As previously discussed here, this Resolution was passed by both Houses of Congress under the Congressional Review Act, 5 U.S.C. § 801 et seq.…

Short Take: GAO Issues Report on Contracting Trends

The Government Accountabilty Office (GAO) recently released its “Contracting Data Analysis: Assessment of Government-Wide Trends” report. As GAO notes, in fiscal year 2015 federal contracts for goods and services totaled over $430 billion, which represents almost 40 percent of the government’s discretionary spending. The new report identifies overall trends in contracting by defense and civilian…

Congress Votes to Repeal Former President Obama’s Fair Pay and Safe Workplaces Regulations

On Monday, March 6, 2017, the U.S. Senate voted, 49-48 on a straight party-line vote, to join the U.S. House of Representatives in repealing the Fair Pay and Safe Workplaces final rule issued last August, implementing President Obama’s Executive Order 13673 (Fair Pay and Safe Workplaces).  Assuming President Trump signs the joint repeal resolution in the coming days, which appears highly likely in…

Information on Your Employees’ Electronic Devices Might Not Be Secure at the Border

The recent spate of news stories describing travelers seeking to enter the U.S. being stopped at the border and forced to hand over their phones and laptops has caused a great deal of concern among pro-immigration and civil liberties advocates. But they are not the only ones who need to pay attention. For green card and visa holders, many of whom are already scared to travel outside the U.S. for…

Short Take - VA Increases SDVOSB/VOSB Program Eligibility to Three (vs. Two) Years Before Requiring Reverification

One of the biggest complaints about the Department of Veterans Affairs (VA)’s programs for Veteran-Owned Small Businesses (VOSB) and Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) has been that program eligibility, granted on the basis of an exhaustive process, was valid for only one, and subsequently two, years, before having to be reestablished through an intensive reverification…

Short Take - President Trump Will Continue Enforcing Executive Order 13672, Protecting the Rights of the LGBTQ Community in the Workplace

On January 31, 2017, the White House issued a Press Release announcing President’s determination to continue the effectivity and enforcement of President Obama’s Executive Order (EO) 13672, protecting the rights of the Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) community under federal contracts.  The Press Release stated that President “Trump is determined to protect the rights of all…

Short Take: GSA Clarifies Jurisdiction Over Fair Opportunity Complaints Under GSA Multiple-Award Contracts

The General Services Administration (GSA) recently issued a Final Rule, effective January 9, 2017, amending the General Services Administration Acquisition Regulation (GSAR) to clarify that the Ordering Agency Task and Delivery Order Ombudsman has jurisdiction and responsibility to review and resolve “fair opportunity” complaints on task and delivery orders placed against GSA multiple-award…

President Trump Wastes No Time Moving to Cut Regulatory Burdens and Costs

President Trump is moving quickly to implement his various campaign pledges, including his commitment to reduce federal regulation and the resulting huge burdens and costs on both large and small businesses. Specifically, within hours of the President's inauguration, his Chief of Staff, Reince Priebus, issued a Presidential Memorandum (the “Freeze Memo”) imposing a broad freeze on all new and…

FAR Final Rule Bars Contractor Confidentiality Agreements Restricting Employees and Subcontractors from Reporting Fraud, Waste & Abuse

The FAR Council has published a Final Rule, effective January 19, 2017, prohibiting the use of appropriated or otherwise available funds for any contract, grant or cooperative agreement with an entity that requires its employees or subcontractors to sign internal confidentiality agreements or statements that prohibit or otherwise restrict the lawful reporting of fraud, waste or abuse to a…

 

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