Jackson Kelly PLLC

Government Contracts Monitor

Subcontracting

Buy American Changes Yet Again

March 7, 2022, marked the publication of yet another final rule implementing changes to “Buy American” requirements for federal contractors. Final BAA Rule. There are very few surprises in this rule, largely because it closely tracks the proposed rule published last July.  That said, the final rule significantly changes FAR Part 25 – the regulations implementing the Buy American Act (BAA).

First,…

Covered Government Contracts Minimum Wage Increases to $10.80, Effective January 1, 2020

The Department of Labor (DOL) recently published a Notice [84 Fed. Reg. 49345 (9/19/19)] announcing that, effective January 1, 2020, the minimum hourly wage rate required to be paid to workers performing work on or in connection with covered federal contracts, per Executive Order 13658, will increase from the present $10.60 to $10.80.  The minimum hourly tipped wage will increase from $7.40 to…

SBA Area Offices Are Precluded from Reviewing a Duly-Approved 8(a) Mentor/Protégé Joint Venture Agreement, and May, But Are Not Required to, Refer Any Concerns to SBA’s Office of Business Development

The Small Business Administration (SBA)’s Office of Hearings & Appeals (OHA) recently reaffirmed that SBA Area Offices are precluded from reviewing the substance of an 8(a) Mentor-Protégé’s Joint Venture Agreement (JVA), once such agreement has been approved by the servicing SBA District Office.  OHA further held that, while an Area Office has the discretion to refer any concerns the Area Office…

GAO Sustains Limiting the Number of Projects Allocable to a Large Business Mentor's Experience, but Rejects Treating a Mentor-Protégé Joint Venture Differently than a Prime/Subcontractor Contractor Teaming Agreement

One of the principal advantages of an approved Mentor/Protégé Agreement (MPA) is that the Mentor and Protégé can enter into a joint venture (JV) that can compete as small for any contract for which the Protégé would be eligible (see, e.g., 13 C.F.R. § 125.109(d)(1)).  In turn, one of the principal advantages of a JV - now enshrined in statute and regulation - is that in evaluating experience and…

Hopewell Darneille to Present at DYNET 2019, Fairmont, WV -- April 11, 2019

Hopewell Darneille, of the Firm’s Washington, DC office, will be a presenter at the 10th annual Dynamic Networking for Small Business (DYNET) Conference, a federal and prime contracting event in Fairmont, West Virginia, on April 11, 2019 at the Robert H. Mollohan Research Center.

Mr. Darneille will co-present a Workshop on “Negotiating and Drafting a Compliant and Workable Joint Venture Agreement…

Following SBA's Joint Venture Agreement Template Not a Free Pass, and Don't Ignore the Footnote Comments

The Small Business Administration (SBA)’s Office of Hearings & Appeals (OHA) recently reiterated that SBA Joint Venture Agreements (JVAs), including those entered into under SBA’s new All-Small Mentor-Protégé Program (ASMPP), must include adequate specific detail as to the respective responsibilities of the parties with regard to, inter alia, performance of the proposed contract, and how the…

A Preference for U.S. Goods and Services: Buy American Receives A Booster Shot

On January 31, 2019 President Trump signed yet another Executive Order addressing Buy American issues: Buy American, Hire American [here]. This Order requires that federal agencies purchase U.S. goods and services in any and all infrastructure projects including, interestingly, cybersecurity projects. Among other things, this recent Order underscores the Trump Administration’s policy of enforcing…

Rare DOL Nondisplacement Decision Holds that Incumbent's Certified Employee List Is Not Determinative, and Awardee Must Consider Agency's "Credible Evidence" as to Incumbent Employee's Qualifications and First Refusal Offer Entitlement

Every awardee under qualifying federal government service contracts faces difficult issues and choices under Executive Order 13495, “Nondisplacement of Qualified Workers under Service Contracts,” and the implementing Department of Labor (DOL) Regulations at 29 C.F.R. Part 9, which require awardees to offer incumbent employees “a right of first refusal for employment under the contract in…

New Statute Extends Small Business Size Standard Reference Period to Five (from Three) Years, Enabling More Companies to Qualify as Small

In December 2018 – just before Christmas – the Senate approved, and the President signed into law, the so-called “Small Business Runway Extension Act of 2018,” Pub. L. No. 115-324 (the “Act” or “statute”).  This statute extends the three-year reference period for calculating a revenue-based small business’s size status to five years.  This Act was intended – as implied by its name – to extend the…

New Year's Resolutions, 2019 - Reassess Your Size Status, Update Your SAM and DSBS Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings

Happy New Year!  The start of a new year is the time for New Year’s Resolutions.  Here are several we strongly urge you to follow-through on early in 2019.

 

     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 and…

Short Take - Minimum Wage Increases to $10.60, Effective January 1, 2019

The Department of Labor (DOL) recently published a Notice [83 Fed. Reg. 44906 (9/4/18)] announcing that, effective January 1, 2019, the minimum hourly wage required to be paid to workers performing work on or in connection with covered federal contracts, per Executive Order 13658, will increase from the present $10.35 to $10.60. The minimum hourly tipped wage will increase from $7.25 to $7.40.

By…

Are there Cybersecurity Risks in Your Supply Chain?

By now we all know that the Federal Government has dramatically increased its efforts to reduce threats to cybersecurity: witness a case in the Court of Federal Claims (COFC) where the Social Security Administration (SSA), in acquiring new printers, was determined to avoid supply chain risks it suspected were present in a bidder’s offer. The bidder protested, but the COFC agreed with the agency.

 

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