On September 24, 2018 and September 28, 2018, the Department of Veterans Affairs (VA) and the Small Business Administration (SBA), respectively, released complementary final rules (VA final rule and SBA final rule) that amend the regulations governing Veteran-Owned Small Businesses (VOSBs) and Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). Effective October 1, 2018, the SBA’s regulations now
Category Archives: Government Contracts
Subscribe to Government Contracts RSS FeedFor Now, DoD Halts Efforts to Change Policy on Progress Payments
Deputy Secretary of Defense Patrick Shanahan announced on Monday, October 1, 2018, that the U.S. Department of Defense (“Department” or “DoD”) was withdrawing its proposal that would have made sweeping changes to the rules that govern the release of progress payments to contractors under DoD contracts. In rescinding the proposed rule, Deputy Secretary Shanahan cited
The Trump Administration Issues Its R&D Budget Priorities for FY 2020
On July 31, the Director of the Office of Management and Budget, Mick Mulvaney, and the Deputy Assistant to the President, Office of Science and Technology Policy, Michael Kratsios, jointly issued a memorandum on “FY 2020 Administration Research and Development Budget Priorities.” This is an annual document, providing overall policy guidance to the federal agencies
SBA Update: Less Than 1% Minority Shareholder Interest Could Impact Eligibility for Small Business Contract Awards
The U.S. Small Business Administration (SBA) Office of Hearings & Appeals (OHA) recently held that an entity may be affiliated with another entity solely because it holds a very small minority ownership interest (less than 1%) in that entity. OHA’s ruling is noteworthy because under the SBA’s rules, the employees or revenue (depending on the
Legislative and Regulatory Update on Federal Supply Chain Risk Management
The U.S. Government is renewing its focus on mitigating technological risks by regulating the supply chain for various goods and services. To achieve these goals, Congress and agencies have introduced, and in some cases enacted, legislation and regulations that direct agencies to identify, assess, and mitigate supply chain risks generally as well as prohibit agencies
Have you checked your bank account information on SAM recently?
The General Services Administration (“GSA”) recently announced that it is investigating fraudulent activity on the government contractor registration site SAM.gov. If you are a government contractor and do not already know about this development, then chances are your company was not one of a “limited number” of registered entities that GSA has identified as victims
Indictment in $40M Alleged Fraud Case Signals Increased Scrutiny of SDVOSB Government Contractors
On December 1, 2017, the U.S. Department of Justice announced the federal grand indictment of an army veteran for allegedly engaging in major government program fraud by using his status as a service-disabled veteran to obtain contracts set-aside for service-disabled veteran-owned small businesses (SDVOSBs), despite the fact that he did not control the management and daily operations of the company to which the contracts were awarded.
Change comes to the Defense Security Service: The Transition from e-FCL and ISFD to NISS on October 30, 2017
On October 30, 2017, the U.S. Department of Defense (DoD) Defense Security Service (DSS) will complete its transition to the National Industrial Security System (NISS). The NISS will replace two predecessor systems: the Industrial Security Facilities Database (ISFD), and the Electronic Facility Clearance System (e-FCL).
McDowell v. CGI Federal Inc.: A Stark Reminder to Government Contractors of their Cybersecurity Obligations
On June 1, 2017, the United States District Court for the District of Columbia issued a decision in a class action lawsuit, McDowell v. CGI Federal Inc., Civ. Action No. 15-1157 (GK) (D.D.C. 2017), which could have significant repercussions for government contractors operating information systems that house government information.
FDA and OHRP Finalize Joint Guidance on IRB Meeting Minutes
The U.S. Food and Drug Administration (FDA) and the Office for Human Research Protections (OHRP), both part of the Department of Health and Human Services (HHS), issued final joint guidance on maintaining meeting minutes for Institutional Review Boards (IRBs).
DOJ announces one of largest False Claims Act recoveries concerning U.S. Government small business programs
Last week, the Department of Justice (DOJ) announced a $16 million settlement with Virginia-based government defense contractor, ADS Inc., to resolve allegations that ADS and its subsidiaries violated the False Claims Act by submitting claims for payment under fraudulently obtained small business set-aside contracts.
NISPOM Change 2 Deadlines Coming for Cleared Contractors
As industry comes up on the one-year anniversary of the publication of Change 2 to the National Industrial Security Program Operating Manual (NISPOM), a number of implementation deadlines are drawing near
“Double Dip” Effectively Approved by Center for Medicare and Medicaid Services
Last week the Centers for Medicare and Medicaid Services (CMS) issued Release No. 104 to Manufacturers and Release No. 180, which invalidated earlier agency releases addressing the treatment under the Medicaid drug rebate program of Federal Supply Schedule (FSS) purchases by Indian Health Service (IHS) facilities.
Confidentiality Agreement Rule Poses New HR-related Compliance Burden for Contractors
While contractors (and their HR departments) dodged a serious bullet with Trump’s recent invalidation of the 2016 FAR blacklisting rule, they need to be alert to a new HR-related compliance requirement as a result of a rule promulgated on the final day of the Obama Administration.
New E.O. Reinforces President Trump’s “Buy American” Agenda
On April 18, 2017, President Donald Trump signed the executive order “Buy American and Hire American” aimed at maximizing the federal government’s use of goods, products, and materials produced in the United States. The E.O. does not attempt to change existing law, but requires agencies to increase monitoring, enforcement, and compliance with Buy American Laws while minimizing the use of waivers.
It is Official: Fair Pay and Safe Workplaces Rule Comes to an End
Earlier this week, President Trump put the final nail in the coffin for the former administration’s “blacklisting” rule, officially known as the Fair Pay and Safe Workplaces Final Rule.
Congress Invalidates Controversial Fair Pay and Safe Workplaces Regulations
Earlier this week, on March 6, 2017, the Senate passed a joint resolution disapproving the Fair Pay and Safe Workplaces Final Rule (the “Rule”), which mandated contractor reporting of labor law violations, and had earned the title of the “blacklisting” rule—as those disclosures could negatively impact a company’s ability to obtain U.S. government contracts.
House of Representatives Moves to Invalidate Controversial Fair Pay and Safe Workplaces Regulations
In a move that likely was welcomed by Federal contractors, earlier this month, the House of Representatives passed a joint resolution under the Congressional Review Act (“CRA”) disapproving the Fair Pay and Safe Workplaces Final Rule (“the Rule”) that unless overturned will, among other things, institute new disclosure requirements and standards for reporting labor law violations
Department of Defense (DoD) Final Rule for the Defense Industrial Base (DIB) Cybersecurity Program is Effective this Week
On October 4, 2016, the Department of Defense (DoD) issued a Final Rule for DoD’s Defense Industrial Base (DIB) Cybersecurity (CS) Activities program. The rule amends the cyber incident reporting requirements and the voluntary DIB CS information sharing program in 32 CFR Part 236. It will take effect on November 3, 2016.
DoD Issues its Long Awaited Final Rule on Cyber Incident Reporting and Cloud Computing
On Friday, October 21, 2016, the Department of Defense (DoD) issued a final rule implementing changes to its December 2015 interim rule on DoD contractor cyber incident reporting and cloud computing.
EEOC Revises Contractor Pay Reporting Rule
Today, the U.S. Department of Labor’s Equal Employment Opportunity Commission (EEOC) revised an earlier proposed rule that would require that federal contractors report pay data. The original proposed rule, published in January 2016, expanded the content of the annual EEO-1 report, requiring contractors with more than 100 workers to provide pay data on race, ethnicity and gender, as we explained in our summary.
New GSA Sales Reporting Rule Eliminates Onerous Price Reductions Clause and Commercial Sales Practices Disclosure Requirements for Participating Contractors
On June 23, 2016, GSA published a much anticipated final rule that amends the General Services Administration Acquisition Regulation (GSAR) to implement new transactional data reporting requirements in certain GSA contracts.
NSF and NASA Remind Grantee Institutions to Comply with Title IX
On January 25, the National Science Foundation issued a statement to remind the 2,000 colleges, universities, and other institutions that receive NSF funding that NSF requires its awardees to comply with Title IX of the Education Amendments Act of 1972, which prohibits educational funding recipients from engaging in sex discrimination, including sexual harassment and gender violence.
NSF’s statement, which follows multiple recent reports of sexual harassment in the science community, “reiterates [NSF’s] unwavering dedication to inclusive workplaces. NSF does not tolerate sexual harassment and encourages members of the scientific community who experience such harassment to report such behavior immediately.” NSF also encouraged NSF-funded researchers and students to “hold colleagues accountable to the standards and conditions set forth in Title IX, and to inform their institutions of violations.” NSF directs people who experience or witness harassment to contact their Title IX Coordinator or NSF’s Office of Diversity and Inclusion.
DoD Amends its DFARS Safeguarding and Cyber Incident Reporting Requirements with a Second Interim Rule
On December 30, 2015, effective upon publication, the U.S. Department of Defense (DoD) published a three-page interim rule revising its earlier August 2015 interim rule on Safeguarding Covered Defense Information. 80 Fed. Reg. 81,472 (Dec. 30, 2015), available here. See our previous analysis of the original August 26 rule here. Comments on this new interim rule