How a CTA Can Help You Qualify for Government Contracts

You may have heard of Contractor Team Arrangements (“CTA”) that can be used to pursue General Services Administration (“GSA”) Schedule contract opportunities, but do you know how a CTA can maximize your ability to qualify for government contracts? CTAs are distinct from traditional prime contractor-subcontractor relationships and joint ventures, and they provide different methods for making your company a more attractive offeror. A CTA allows two or more GSA Schedule contractors to team together for GSA Schedule opportunities, and all . . . Read More

How New Minimum Wage and Service Contract Act Health and Welfare Rates Apply to Your Contract

As we head into a busy proposal and award season, keep in mind some important changes to Service Contract Act (“SCA”) wages and fringe benefits. In July, the Department of Labor (“DOL”) issued revised SCA health and welfare (“H&W”) benefit amounts, increasing the base rate from $4.41 per hour to $4.48 per hour. An H&W rate of $4.18 per hour is now applicable to employees performing work on contracts that include FAR 52.222-62, Sick Leave for Contractors. This rate takes . . . Read More

The Weekly Update for September 7, 2018

SMALL BUSINESS ADMINISTRATION Boosting small business demands big ideas According to an article in dcma.mil , there are 28 million small businesses in America, and Defense Contract Management Agency’s small business team wants as many of them as possible to join the defense industrial base. “Our mission is to provide small business support to our defense and government customers by ensuring subcontracting compliance and optimizing subcontracting opportunities,” said Tatia Evelyn-Bellamy, the director of DCMA’s Small Business Office and Small Business Compliance . . . Read More

The 2019 NDAA Streamlines, Reorganizes, and Redefines

Title VIII—Acquisition Policy, Acquisition Management, and Related Matters  of the National Defense Authorization Act for Fiscal Year 2019 (“2019 NDAA”) includes a number of changes to the Department of Defense (“DoD”) acquisition statutes and the definition of commercial items. These changes appear to be in direct response to the recommendations from the Section 809 Panel (the “Panel”) reports from January and June of 2018. In its reports, the Panel noted the sometimes cumbersome and unnecessary complexity of the DoD acquisition system and the confusion surrounding the definition of . . . Read More

The 2019 NDAA’s Impact on Small Business Procurement

On August 13, 2018, the  John S. McCain National Defense Authorization Act (“NDAA”) for Fiscal Year 2019  was signed into law by President Trump. As with prior NDAAs, the 2019 NDAA includes a number of provisions that affect procurement policy, management, and related matters. Below, we summarize some of the more notable provisions that will impact small business procurement. Section 822—Establishment of Expedited Process for Small Value Contracts Among other things, Section 822 of the 2019 NDAA requires the Secretary of Defense (“Secretary”), by no later than December 1, 2019, to develop . . . Read More

2019 NDAA Raises Micro-purchase Threshold for DoD

The  2019 NDAA  brought a welcome surprise for many defense contractors—the DoD plans to increase its micro-purchase threshold from $5,000 to $10,000, which matches the increase given to civilian agencies in last year’s NDAA. Earlier this year, the Civilian Agency Acquisition Council (CAAC) issued a class deviation to the FAR to implement the revised simplified acquisition threshold (SAT) and micro-purchase threshold that were included in the 2018 NDAA before the FAR was revised. These deviations increased the SAT to $250,000 and the . . . Read More

Lost in Cyberspace? It’s Time to Find a Map

As I have noted in recent blogs  here  and  here , momentum has been building this year toward a greater impact for cybersecurity compliance in the award of federal contracts, particularly at DoD. From talking with many contractors, however, it still appears that a lot of firms are taking a wait-and-see approach to cybersecurity. Meaning, they will wait to see if it becomes an issue for a particular contract or if DoD starts to more actively enforce and monitor requirements. While an . . . Read More

Congress Lowers the Acceptability of LPTA

Government contractors have criticized lowest-priced technically acceptable (“LPTA”) procurements since LPTA was first introduced as a source selection method. In an LPTA procurement, all offerors that meet the requirements in a solicitation are deemed technically acceptable, and award is based solely on price. Critics of LPTA have argued that this source selection technique does not allow an agency to exercise the type of judgment needed when a contract involves complex requirements or when quality, safety, and innovation are paramount. The . . . Read More

The Weekly Update for August 24, 2018

FEDERAL ACQUISITION REGULATIONS Federal Acquisition Regulation; Paid Sick Leave for Federal Contractors The Department of Defense (DoD), General Services Administration (GSA), and NASA are adopting as final, without change, an interim rule amending the FAR to implement the Executive Order, Establishing Paid Sick Leave for Federal Contractors. The interim rule also implemented a final rule issued by the Department of Labor. 83 Fed. Reg. 163, 42569 . Federal Acquisition Regulation: Non-Retaliation for Disclosure of Compensation Information The DoD, GSA, and NASA adopted as final, without . . . Read More