Government Contracts MonitorRegulations (FAR, DFARS and others)Short Take: Whistleblower Disclosures from Contractor EmployeesFebruary 2, 2015 In connection with a “pilot program” established by the National Defense Authorization Act of 2013 (NDAA), the U.S. Office of Special Counsel (OSC) is revising its regulations to expand who may file a whistleblower disclosure with OSC. Under the proposed rule, employees of Federal contractors, subcontractors, and grantees will be able to disclose wrongdoing within the Federal government if they… New FAR Interim Rule Increases Minimum Wage to $10.10January 27, 2015 The FAR Council recently issued a new Interim Rule (correction here), implementing President Obama’s Executive Order 13658 establishing a $10.10 per hour minimum wage for employees of covered federal contractors and subcontractors starting January 1, 2015. The new Rule also implements, for FAR-covered contracts, the Final Rule issued by the Department of Labor (DOL) on October 10, 2014,… Avoid the ‘New and Improved’ Strain of IncumbentitisJanuary 20, 2015 Just as people across the country have begun to recover from this year’s particularly nasty flu variant, the Government Accountability Office (GAO) has issued a decision involving an especially virulent form of Incumbentitis. This strain manifests as an incumbent’s touting a new and improved version of the same technology it used to perform the prior contract. However understandable… New Year’s Resolutions – Reassess Your Size Status, Update Your DSBS and SAM Listings and Check Your Past Performance RatingsJanuary 12, 2015 Happy New Year! The start of a new year is a time for New Year’s Resolutions. Here are several we strongly urge you to follow-through on early in 2015. 1. Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies operate on a calendar year for tax reporting purposes. For such companies the start of a new tax year, and the end of the prior year, means a change… OFCCP Issues Final Rule Implementing Executive Order 13672December 16, 2014 Last week, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule revising its regulations to implement amendments to Executive Order (EO) 11246 and EO 11478 made by EO 13672, which was signed by President Obama on July 21, 2014. Reflecting the recent Executive Order, the new rule adds sexual orientation and gender identity to the prohibited bases of discrimination… Defending Size Protests, Part I: OverviewDecember 2, 2014 Much has been written, including on this blog, about filing size protests. However, less attention is paid to an equally important subject – namely, defending size protests. This article, the first in what will be a five-part series on defending size protests, provides an overview of size protests. Future articles will address (i) the importance of advance consideration and… Buy American – What Can A Government Contractor Deliver?December 2, 2014 Many government contractors and subcontractors ask the question, “What does ‘Buy American’ mean?” Unfortunately, Buy American refers to number of complex statutory and regulatory schemes that impose different requirements. One thing is certain, however: whether you are conducting business with the federal government directly, as a prime contractor, or indirectly, as a subcontractor,… Short Take: The Slow Death of Cost Reimbursement ContractsNovember 25, 2014 Contracting personnel are required to obtain approval of cost reimbursement contracts at least one level above the contracting officer. FAC 2005-50 states “the contracting officer shall document the rationale for selecting the contract type in the written acquisition plan and ensure that the plan is approved and signed at least one level above the contracting officer.” The documentation must… Protest Phobia – Propelling Poor ProcurementNovember 25, 2014 Agencies are in the hot seat when it comes to protests. First, it’s the Contracting Officer’s (CO’s) job to prevent a protest from being filed and, second, if a protest is filed, it’s the CO’s job, working with agency procurement counsel, to make sure the protest is not successful. But is the fear of protests driving agencies to make bad decisions? We think so. The most common… You Say Responsibility, GAO Says Acceptability, Let’s Call the Protest OffNovember 25, 2014 Just because a small business award involves security clearance issues does not automatically mean there is a “responsibility matter” that must be referred to the Small Business Administration (SBA) for a Certificate of Competency (COC) determination. Sometimes, as in the recent case of MT & Associates, LLC, B-410066 (October 17, 2014), the protestor simply fails to convince the agency… Size Protests – Beware: Your Protest Deadline May Be Triggered by Indirect NoticeNovember 18, 2014 A recent decision by the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) reminds potential size protestors that the “notice” triggering the five business day size protest period in a negotiated procurement does not have to be in writing, nor does it have to come from the cognizant contracting officer (CO), and may even be indirect, including by published announcements,… DCAA Wants Your Internal Audit Reports – But Why?November 18, 2014 Defense companies often conduct internal audits to ensure the integrity of their business systems. These internal audits may contain information about company operations and internal controls related to the performance of government contracts. Many defense contractors are not willing to share their internal audit reports with the government, and for good reasons. Section 832 of the National… |
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