The Weekly Update January 16, 2017
GOVERNMENT CONTRACTS Federal Acquisition Regulation; Federal Acquisition Circular 2006-95 This Federal Acquisition Circular provides a summary presentation of final rules issued by the Department of Defense (“DOD”), the General Services Administration (“GSA”) and National Aeronautics and Space Administration and agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council. The Small Entity Compliance Guide for these final rules can be found here . Item I – Uniform Use of Line Items (FAR Case 2013-014) This final rule . . . Read More
Lower Tier Small Business Subcontracting Plan Credit Finally In Sight
By Katie Flood Right before the tail end of 2016, SBA delivered its long-awaited Final Rule regarding lower-tier small business subcontracting plan credit. Implementing directives initiated by Congress in the 2014 National Defense Authorization Act, the Final Rule allows other than small prime contractors with individual subcontracting plans to receive credit toward small business subcontracting goals for subcontract awards made to small businesses at any tier, to the extent reported on the subcontracting plans of its lower tier subcontractors. The Final Rule . . . Read More
The Weekly Update December 30, 2016
GOVERNMENT CONTRACTS Submission for Office of Management and Budget Review; Payment of Subcontractors On January 20, 2016, the Department of Defense, Government Accountability Office, and National Aeronautic and Space Administration proposed a rule to amend the Federal Acquisition Regulation (“FAR”) Case 2014-004, Payment of Subcontractors, requiring contractors to notify the contracting officer in writing if the contractor pays a reduced price to a small business subcontractor, or if the subcontractor’s payment to a small business contractor is more than 90 . . . Read More
The Weekly Update December 23, 2016
GOVERNMENT CONTRACTS Payment of Subcontractors The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (‘NASA”), have issued a final rule amending the Federal Acquisition Regulation (“FAR”) to implement a section of the Small Business Jobs Act of 2010. This statute requires contractors to notify the contracting officer, in writing, if the contractor pays a reduced price to a small business subcontractor or if the contractor’s payment to a small business subcontractor is more than . . . Read More
The Weekly Update December 16, 2016
GOVERNMENT CONTRACTS Paid Sick Leave for Federal Contractors The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) have issued an interim rule revising the Federal Acquisition Regulation (“FAR”) to implement Executive Order 13706 (the “E.O.”), Establishing Paid Sick Leave for Federal Contractors. The E.O. seeks to increase efficiency and cost savings in the work performed by parties who contract with the Federal Government by ensuring that employees on those contracts can earn up . . . Read More
Mentor-Protégé Joint Venturing: Friend or Foe?
With the arrival of the All Small Mentor-Protégé Program , the question of how to structure teaming relationships has come to the forefront of many contractors’ minds. This is especially true because companies in approved mentor-protégé relationships may form joint ventures to pursue set-aside work, even if not all the joint venture partners are small businesses or otherwise qualify for the socioeconomic status of the set-aside. Still, recently our clients have questioned why they should form a joint venture when they can pursue the work in a . . . Read More
The Weekly Update December 9, 2016
GOVERNMENT CONTRACTS Set-Asides under Multiple-Award Contracts The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are proposing to revise the Federal Acquisition Regulation (“FAR”) to implement regulatory changes made by the Small Business Administration (“SBA”) in its final rule (78 FR 61114), dated October 2, 2013, regarding the use of small business partial set-asides, reserves, and orders placed under multiple-award contracts. SBA’s final rule implements the statutory requirements set forth at section 1331 . . . Read More
NDAA Makes Changes to the SDVOSB Programs and Authorizes GAO Jurisdiction to Hear Task Order Protests
Congress often includes provisions dealing with small business programs in its annual National Defense Authorization Act. 2016 was no exception. This year, In Section 1832, Congress has attempted to provide some uniformity to the Veterans Administration and the Small Business Administration programs for our veteran-owned small businesses. Here are the highlights: Uniformity in Service-Disabled Veteran Definitions Defines “small business concern owned and controlled by service-disabled veterans” in the small business act and makes the definition universal for both the . . . Read More
The Weekly Update December 2, 2016
GOVERNMENT CONTRACTS FAR Amendment Proposal to Implement Section of NDAA 2016 The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are proposing to amend the Federal Acquisition Regulation to implement a section of the National Defense Authorization Act for Fiscal Year 2016, which will clarify that agency acquisition personnel are permitted, and encouraged, to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and . . . Read More
Proposed Changes to FAR to Clarify Requirements for 8(a) Sole Source Contract Justification Over $22 Million
By Megan Connor On November 15, 2016, the DOD, GSA, and NASA issued a proposed rule to amend the FAR to clarify guidance for justifications of sole source 8(a) contract awards exceeding $22 million. This proposed rule responds to recommendations made by the Government Accountability Office (“GAO”) in its report, “Slow Start to Implementation of Justifications for 8(a) Sole-Source Contracts” ( GAO-13-118 ). The GAO report focuses on the revisions made to the FAR to implement section 811 of the National Defense Authorization . . . Read More