Jackson Kelly PLLC

Government Contracts Monitor

Subcontracting

Opposition Research Has Its Limits – Knowing the Facts May Not Be Enough

In order to make good decisions about whether and how to protest an award decision, disappointed bidders must, among other things, have good information about the awardee. This is particularly true where the protest grounds being considered include the argument that the winner’s proposal violated the applicable limitation on subcontracting requirement, an attack that requires a showing that the…

2016 New Year’s Resolutions

Reassess Your Size Status, Update Your DSBS and SAM Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings

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 2016.

1.    Reassess Your (and Any Subcontractors’) Small Business Size Status: Most…

Short Take – FAR Final Rule Implements E.O. 13672 on Sexual Orientation & Gender Identity.

On December 4, 2015, DOD, GSA and NASA adopted a Final Rule, effective immediately, amending the Federal Acquisition Regulation (FAR) to implement (i) President Obama’s Executive Order (EO) 13672, and (ii) the Department of Labor (DOL), Office of Federal Contract Compliance Policy (OFCCP)’s implementing Final Rule (previously discussed here).  EO 13672 amends EOs 11246 and 11478 to add…

61-Count Indictment for Falsely Certifying Davis-Bacon Act Wages

A recently-filed indictment highlights the substantial personal liabilities that a company principal may face if the company fails to pay required minimum wages, and particularly if the company submits false certifications to the Government as to the wages paid.  U.S. v. Marcus Butler, N.D. Ohio Case No. 1:15 CR 0415Specifically, the Department of Justice and U.S. Attorney’s Office for the…

Getting Credit for Small Business Subcontracting at All Levels

The Small Business Administration (SBA) recently proposed a rule implementing Section 1614 of the National Defense Authorization Act for Fiscal Year 2014 (FY14 NDAA) by modifying the rules relating to certain small business subcontracting plans and the use of small businesses as lower tier subcontractors in connection with such plans.  More particularly, the proposed rule would allow an…

Short Take: Counterfeit Electronic Parts – the Saga Continues

DoD is proposing to revise the DFARS rule entitled “Detection and Avoidance of Counterfeit Electronic Parts”. See Proposal here.

The rule proposes amendments to DFARS 246.870 and a new clause at DFARS 252.246-70XX, Sources of Electronic Parts, to require that DoD and its contractors and subcontractors, except in limited circumstances, acquire electronic parts from trusted suppliers in order to…

Mentor/Protégé Joint Venture Agreements – The Devil Is in the Details

Over the past year, the Small Business Administration (SBA) has begun to require a greater deal of specificity in proposed Joint Venture Agreements (JVAs) between Mentors and their Protégés, and in at least two instances both the cognizant SBA Area Offices and SBA’s Office of Hearings & Appeals (OHA) have rejected such Agreements and found the respective joint ventures ineligible for the…

Combating Human Trafficking: Do You Know What Your Employees Did Last Summer?

On March 2, 2015, the Department of Defense’s Final Rule, "Federal Acquisition Regulation; Ending Trafficking in Person," available here (the Rule), became effective.  Pursuant to the Rule, revised FAR 52.222-50, Combatting Trafficking in Persons, must be included in all contracts and solicitations.  Although the Rule implements previous mandates, contractors must be aware of notably…

 

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