Government Contracts Monitor

The Proposed New FAR Rule Establishing Basic Requirements for Safeguarding Contractor Information Systems Is Finally Here

August 31, 2012

Last week, the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) proposed a long-awaited new rule establishing requirements for the safeguarding of contractor information systems that contain or process nonpublic Government information.  Basic Safeguarding of Contractor Information Systems, 77 Fed. Reg. 51496…

Ask For a Debriefing Whether You\'re Happy or Sad

August 28, 2012

Too often successful offerors neglect to ask for a debriefing.  They are in the habit of requesting a debriefing only when they are a disappointed offeror.  This is a mistake.  It is always important to have as much information as possible about the award decision.

In a case decided earlier this month, a contractor learned the hard way how important it is to have a debriefing.…

DoD Seeks to Change What It Means to “Produce” a Specialty Metal

August 23, 2012

Based on a comments process mandated by Section 823 of the FY 2011 National Defense Authorization Act (NDAA), the Department of Defense (DoD) recently proposed to modify the definition of “produce” as it applies to the production of “specialty metals” (certain steel, titanium and other metal alloys).  77 Fed. Reg. 43474 (July 24, 2012).  The proposed change is the latest development…

No Contracting Authority Means No Contract With the Government

August 16, 2012

Recently the Civilian Board of Contract Appeals dismissed an appeal filed by a contractor that performed over a quarter million dollars of emergency restoration services to a Veterans Administration hospital in Philadelphia because the contract documents the contractor performed under were executed by an agency employee without contracting authority.

The case, CPR Restoration, LLC, v. Department…

Getting Paid By The Government For All Hours Actually Worked By Salaried Employees

August 10, 2012

Who says you cannot bill the government – and get paid - for all hours actually worked by salaried employees, including hours in excess of forty hours per week?  Under certain circumstances and using certain contract clauses, the Armed Services Board of Contract Appeals (“ASBCA”), in GaN Corporation, ASBCA No.  57834 (July 13, 2012), says this is perfectly acceptable.

The…

SBA Proposes Changes to Small Business Size Standards for NAICS Sectors 22, “Utilities,” and 23, “Construction.”

July 30, 2012

The U.S. Small Business Administration (“SBA”) recently issued one Proposed Rule seeking to revise the small business size standards for 9 industries in NAICS Sector 22, “Utilities,” Small Business Size Standards: Utilities, 77 Fed. Reg. 42,441 (July 19, 2012), and another proposing the revision of size standards for 1 industry and 1 sub-industry in NAICS Sector 22,…

Update: Government Cannot Suspend Affiliate More than 18 Months without Legal Proceeding

July 18, 2012

As previously reported here, United States District Court for the Northern District of Alabama heard an important case of first impression regarding the suspension of a subsidiary based on its relationship with a suspended parent company.  The court held that the subsidiary could not be suspended for longer than eighteen months unless the government initiated legal proceedings against the…

Usher in the new system … Hello “SAM”

May 22, 2012

Next week – on May 29, 2012 – the Central Contractor Registration system will end.  At that time the CCR, the Federal Agency Registration, the Online Representations and Certifications Application (ORCA), and the Excluded Parties List System (EPLS), will be transferred into the entirely new System for Award Management, or SAM.

Although some information is available regarding this…

DoD Moves to Restrict Definition of Commercial Item

May 9, 2012

In a proposal sent to Congress on March 28, 2012, the Department of Defense (DoD) recommended that Congress amend the statutory definition of “commercial item” in 41 U.S.C. §103.  A copy of the proposal can be found here.  The DoD proposal would alter the current definition by adding two related restrictions. 

First, the proposal would restrict the definition of commercial items…

SBA Reaffirms Size Is Determined Based on the Latest Three Fiscal Years and May Consider A Later-Filed Tax Return.

May 3, 2012

The U.S. Small Business Administration (“SBA”) size regulations provide that the size of a business concern that has been in business for three or more years is based upon the average annual receipts (“AAR”) of such concern for its three most recently completed fiscal years as of the date of the concern’s self-certification.  13 C.F.R § 121.104(c)(1).  The size regulations clarify that…

SBA Increases Small Business Size Standards for 22 Industries in NAICS Sectors 48-49, “Transportation and Warehousing,” Effective March 26, 2012

March 21, 2012

The U.S. Small Business Administration (“SBA”) recently issued a new Final Rule, effective March 26, 2012, increasing the small business size standards for 22 industries in NAICS Sectors 48-49, “Transportation and Warehousing.”  Small Business Size Standards: Transportation and Warehousing, 77 Fed. Reg. 10943 (Feb. 24, 2012).  These increases will enable many formerly small companies…

The Race to Suspend & Debar Heats Up

March 19, 2012

We recently wrote about the November 15, 2011 directive from the Director of OMB telling agencies to step up their suspension and debarment procedures.  Click hereto read the OMB directive in its entirety.   

More current events make clear that Congress means business when it comes to this issue.

First, the Consolidated Appropriations Act of 2012.  This…